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A banner supporting Prosecutor General Yoon Seok-youl hangs on the facade of the Supreme Prosecutors’ Office in Seoul on Dec. 23. (Yonhap News)

At 3 pm on Dec. 24, a South Korean court held a second hearing on South Korean Prosecutor General Yoon Seok-youl’s request for an injunction on his two-month suspension.

In addition to the requirements for an injunction, including the question of irreparable harm, the Seoul Administrative Court is also considering issues that would come up in the main lawsuit, including the reasons for taking disciplinary action against Yoon and the procedure by which members of the disciplinary panel were selected. The court’s detailed review suggests that it will make an important decision on the legitimacy of the disciplinary proceedings against Yoon.

“We plan to submit documents about several questions asked by the court,” said Lee Wan-gyu, an attorney representing Yoon, on Dec. 23.

The list of questions given to the attorneys representing Yoon and the Ministry of Justice by Hong Sun-uk, senior judge in the 12th administrative division at the Seoul Administrative Court, included standard questions about issuing an injunction, such as whether “irreparable damage” includes the rule of law and the interest of society as a whole and how exactly the public interest would be damaged by an injunction.

But other questions focused on procedural aspects of the disciplinary proceedings and the legitimacy of the charges leveled at Yoon. Hong also asked the two legal teams whether the members of the disciplinary board were properly selected, what specific charges had been brought in the disciplinary proceedings, and how a document analyzing the ideological leanings of judges had been used.

The court is apparently taking a close look at the legitimacy of the disciplinary measures in the injunction hearings because Yoon’s main lawsuit asking for the revocation of his two-month suspension would unlikely be finalized before the end of his term as prosecutor general.

There’s a lot riding on the court’s decision, and the side that fails to persuade the court will suffer serious consequences. If the court grants an injunction, Yoon will immediately return to the job, where he can push forward with investigations into the Moon administration, including allegations of document forgery in connection with the Wolsong-1 nuclear reactor. The Justice Ministry will face more criticism for having undermined the political neutrality and independence of the prosecution service through its reckless pursuit of disciplinary measures, and there will even be fallout for President Moon Jae-in, who approved those measures.

But if Yoon’s injunction is rejected, he’ll find himself with fewer options at his disposal. The ruling Democratic Party will attack his lawsuit against the disciplinary measures as insubordination against the president and put him under increasing pressure to resign. That would also give Moon time to calm the chaos in the Justice Ministry and the prosecution service and to appoint a new justice minister, which is his preferred way out of Yoon’s feud with former Justice Minister Choo Mi-ae. Moon is expected to appoint a new minister and complete a personnel reshuffle in the prosecution service before Yoon returns to his post in February 2021.

“The court should reach a decision by today,” Lee told reporters ahead of the hearing.

By Ock Kee-won, staff reporter

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