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South Korean President Moon Jae-in officially appoints Yoon Seok-youl as prosecutor general at the Blue House on July 25, 2019. (provided by the Blue House)

On Dec. 16, South Korean President Moon Jae-in approved a recommendation to suspend Prosecutor General Yoon Seok-youl for two months. Immediately after presenting Moon with the decision of the prosecutorial disciplinary board, Justice Minister Choo Mi-ae tendered her resignation.

Choo’s decision was political, aimed at preventing confusion from dragging on amid Yoon’s promise to litigate his suspension following the disciplinary board’s decision. Choo’s tender of resignation is likely to put pressure on Yoon, whose suspension took effect at 6:30 pm following Moon’s approval of the board’s decision, to step down along with her.

“This afternoon, Moon approved the disciplinary board’s decision on the recommendation of the minister of justice. Under the Act on Discipline of Prosecutors, the president has no prerogative but to approve and execute [that decision],” said Chung Man-ho, the Blue House senior secretary for public affairs, during a briefing on Wednesday evening.

“As the person with the power of appointment, I take very seriously this unprecedented situation of a prosecutor general facing disciplinary action, and I want the Korean public to know how much regret I feel,” Chung quoted the president as saying.

“I hope this will be an opportunity to put the prosecution service back on its feet. I hope the confusion surrounding the prosecutor general will be brought to a close and that this will be a new beginning for the prosecution service and the Justice Ministry,” Moon was also quoted as saying.

“The reform of law enforcement bodies, including the [establishment of] the Corruption Investigation Office and steps toward [adjusting] investigative authority, would have been impossible if not for Choo’s drive and courageous decisions. I’m especially grateful to her for faithfully completing the mission assigned to her by this era,” Moon said.

“I think highly of the position Choo has expressed and her intention to resign, and I will decide whether to accept [her resignation] after careful thought.”

Through this simultaneous announcement of the disciplinary action against Yoon and the resignation tendered by Choo, Moon appears to be trying to bring an end to the chaotic Choo-Yoon feud that has now lasted for more than a year.

Given strong public criticism of Choo for procedural shortcomings in the disciplinary proceedings against Yoon, Moon also appears to have concluded that he would have faced a stiff backlash if the standoff had ended with Yoon alone facing consequences.

Yoon pledged legal action after the disciplinary board reached its decision in the early morning hours. “This is an illegal and unfair measure resulting from an unlawful procedure and based on grounds without substance, aimed at expelling a prosecutor general with a guaranteed term in office,” Yoon said. As the person who approved the suspension, Moon would be the target of any litigation demanding its reversal.

An unprecedented legal battle between the prosecutor general and the person who appointed him would be sure to cause considerable political harm to Moon and the ruling party as a whole. In effect, Choo’s resignation was the only way for Moon to resolve such a situation with a single blow.

Moon also apparently decided that the National Assembly’s revision of the act governing the Corruption Investigation Office and the conclusion of the disciplinary proceedings against Yoon give Choo ample cover to step down.

Moon’s praise of Choo for making possible the reform of law enforcement bodies, including the adjustment of investigative authority, also appears to have been a gracious gesture aimed at smoothing the way to her resignation.

Conversely, Choo’s resignation will probably put Yoon in a serious dilemma. Previously, Choo had struggled to justify her position, but her resignation forces Yoon to consider whether he should voluntarily step down himself. Another burden is the fact that a two-month suspension is by no means a light punishment for the prosecutor general, the person responsible for leading the entire prosecution service.

“The Blue House has placed particular emphasis on the fact that it didn’t meddle in Yoon’s suspension or in Choo’s decisions during the inspection and disciplinary proceedings. And in fact, Choo was the person behind the rash moves in that process,” said one figure in the legal profession.

“The departure of Choo, the person accused of violating procedural legitimacy, undermines Yoon’s justification for continuing his litigation against the president.”

This once again focuses the public spotlight on Yoon’s next move.

By Lee Wan, staff reporter

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