hankyoreh

Prosecutor General Yoon Seok-youl talks to reporters on Dec. 1, his first day back on the job following his suspension by Justice Minister Choo Mi-ae. (Yonhap News)

On Dec. 2, South Korean President Moon Jae-in appointed Lee Yong-gu, an attorney and former judge, as vice minister of justice. Filling the vacancy was no ordinary personnel reshuffle, but a one-off appointment focused on moving forward disciplinary proceedings against Prosecutor General Yoon Seok-youl. The post was previously held by Koh Ki-young, who resigned on Dec. 1 in protest of those same proceedings.

On Wednesday afternoon, just two days after resuming his duties as prosecutor general, Yoon approved a request for a preliminary detention warrant against officials at the Ministry of Trade, Industry and Energy who are criminal suspects in a case involving a doctored report about the economic viability of the Wolseong-1 nuclear reactor. The case is currently being investigated by the Daejeon District Prosecutors’ Office.

Yoon’s order to investigate a case that is a thorn in the side of the ruling party so soon after his return is likely to further inflame the dispute between prosecutors and the Democratic Party.

“Given Lee’s legal expertise and his considerable understanding of all affairs handled by the Justice Ministry, we expect he’ll help stabilize the organization and arrange a fair and neutral resolution to pending issues, including prosecutorial reform,” the Blue House said while announcing the appointment of Lee Yong-gu as vice minister of justice on Wednesday afternoon.

Lee will be the first person without a background in the prosecution service to serve as vice minister of justice since South Korea’s democratization in 1987. His term begins on Thursday, Dec. 3.

Lee’s appointment means that the disciplinary board’s review of Yoon will go forward on Friday as scheduled. But the board is unlikely to reach a conclusion on the first day of its review.

Whatever decision the disciplinary board reaches, it’s unlikely to be viewed as legitimate. A court accepted Yoon’s appeal for an injunction against his suspension on Dec. 1, and the Ministry of Justice (MOJ)’s audit committee, which met on the same day, found problems with the audit procedure and the request for disciplinary action against Yoon.

Instead of rushing a decision, therefore, the MOJ is likely to have the disciplinary board meet two or three more times to give Yoon adequate time to explain himself, so as to establish procedural legitimacy.

“President Moon isn’t interested in the direction [of the disciplinary board’s decision]. The appointment of the vice minister doesn’t mean that the president intends to orchestrate Yoon’s dismissal from office; it means he intends to move forward with the scheduled disciplinary board meeting,” a high-ranking official at the Blue House told the Hankyoreh over the phone on Wednesday.

“They’ll give whatever explanation is needed an adequate hearing, and they’ll also be empowered to delay their decision. The president’s intention is for the rest of the proceedings to be conducted fairly, given the issues that have come up,” the official said.

Lee’s appointment, the official said, should not be taken to mean that Moon will ram through disciplinary measures against Yoon.

However, Lee will likely not chair the disciplinary board, presuming that it does convene. He’ll only participate in the vote as a member of the board, without being allowed to preside over the meeting or intervene in the decision-making process.

“If Lee chairs the board, it could prompt criticism that the disciplinary proceedings are being spearheaded by an ally of Justice Minister Choo Mi-ae, another former judge. The MOJ has already been instructed to appoint someone else to chair the disciplinary board,” the high-ranking official at the Blue House said.

These maneuvers by the Blue House are apparently designed to shield Moon from any potential fallout, regardless of what decision is reached by the disciplinary board. Since public opinion about the disciplinary proceedings against Yoon is predominantly negative, serious disciplinary action, such as Yoon’s dismissal, could make not only Choo but Moon himself the target of ensuing political and moral indignation.

Something similar could happen if the board decides to reject the request for disciplinary action against Yoon. The full political responsibility for that failure has to be borne by Choo, who instigated the disciplinary proceedings, if Moon is to ensure he doesn’t become a lame duck even sooner than expected.

Such considerations are behind the silence that the Blue House and Moon have strictly maintained throughout Choo and Yoon’s feud. In effect, the president’s silence is a calculated move, a kind of political alibi. Since I had nothing to do with the disciplinary proceedings, Moon seems to be saying, I bear no responsibility for their outcome, whatever that may be.

“The Blue House hasn’t ever handed down any guidelines. Simply put, this has nothing to do with us [regardless of the outcome],” a Blue House official said.

“One of Choo’s strengths compared to other government ministers is her willingness to take responsibility for her actions, whether she does well or otherwise, instead of hiding behind the president. Even in the worst-case scenario [in which the request for disciplinary action is voted down], Choo will accept it as a matter of course,” said a key lawmaker in the Democratic Party who is aligned with Moon.

Lee Yong-gu is regarded as an ally of former Justice Minister Cho Kuk, which gave him a front-row view of Cho’s downfall, the result of a prosecutorial investigation led by Yoon Seok-youl. When the MOJ sought to expand its staff beyond former members of the prosecution service after Moon became president in 2017 and opened the doors to experts from the private sector, Lee was named to the key position of chief of legal affairs.

In related news, Yoon’s attorneys said on Wednesday that they’ll file a petition on Thursday for a change of date for the meeting of the Justice Ministry’s disciplinary panel, which is currently scheduled for Friday.

By Lee Wan, Seo Young-ji and Kim Won-chul, staff reporters

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