The Ministry of Justice today (3rd) dismissed the request of the Prosecutor General Yoon Seok-yeol's request to change the date of the Prosecutor's Disciplinary Committee as "a request that is not in evidence."
Earlier, attorney Wan-gyu Lee, General Yoon's legal representative, said yesterday, "The Criminal Procedure Act requires that the first trial date be given a grace period of at least 5 days after the subpoena is served, but this was violated." .
Article 26 of the Prosecutor and Discipline Act stipulates that the Criminal Procedure Act applies mutatis mutandis to the delivery of documents and the designation or change of the deadline.
Accordingly, the Ministry of Justice said, "The last two days were the first date, and five days before that date, we have already notified the copy of the complaint and the first date." "There is"
Accordingly, the Ministry of Justice is expected to proceed with the disciplinary committee tomorrow as scheduled.
However, Yoon rebutted, "The Supreme Court precedent says that you must give a period of 5 days or more even when the deadline is changed, but the Ministry of Justice is making a wrong sound."
If the due date is changed before the first due date, the new due date must also be given at least 5 days.
He said, "If we do not properly provide the requested materials, such as the list of disciplinary committees, and set the schedule illegally, we will also consider a plan for not participating in the disciplinary committee tomorrow."
The disciplinary committee is conducted in accordance with the Prosecutor and Disciplinary Act.
The disciplinary committee is composed of 7 members, including the chairman of the committee, Minister Chu and the Vice Minister, 2 prosecutors appointed by the Minister, and 3 outside personnel appointed by the Minister.
However, this disciplinary committee is subject to the Prosecutor General, so the Minister Chu who made a disciplinary request will be excluded from deliberation, and a disciplinary committee member who will act as the disciplinary committee chair must be designated.
As the Vice Minister is present as an ex officio member, it is natural for the new Vice Minister Yong-gu Lee to act on behalf of Minister Chu, but it is known that he will leave it to outsiders to avoid controversy about fairness.
Besides Minister Chu and Vice Minister Lee, the remaining five members have not yet been disclosed.
Yoon said he requested the Ministry of Justice to disclose the list of disciplinary committee members, but said the Ministry of Justice rejected it.
The disciplinary suspect (President Yoon) may apply to the committee to evade if there are circumstances in which it is difficult to expect the fairness of the disciplinary decision.
It has been reported that Yoon's side will apply for evasion if members close to Minister Chu, such as Deputy Minister Lee, Prosecutor General Sim Jae-cheol, and Anti-corruption Chief of the Justice Department, Shin Sung-shik, participate as disciplinary committee members.
In the case of an application for refusal, the committee decides whether or not to refrain from the majority of the members present.
Disciplinary action is also determined with the approval of a majority of the members present, and there are dismissal, dismissal, honesty, reductions, and reprimands.
If a decision is made to disciplinary punishment more than the salary cut, then Minister Chu will propose to the President to discipline him, and the President will take office.
(Photo = Yonhap News)