[Interview file] Why did Yun Suk-yeol's impeachment become virtually impossible?

The day before Christmas in 2020, the 12th Administration Department of the Seoul Administrative Court decided to suspend execution against the two-month suspension of Prosecutor General Yoon Seok-yeol.

Although the disposition has not been cancelled, since there is virtually no possibility that the outcome of the cancellation lawsuit will be finalized before the end of the term of President Yoon Seok-yeol in July of next year, the suspension of the disposition against President Yoon is virtually neutralized.

these parties in the ruling, saying the tip naeteoya drove yunseokyeol-General through the impeachment process in the first place, even now coming out proposals that promote yunseokyeol motion for the impeachment of the president in parliament.

Representative Kim Doo-gwan, a member of the ruling party, is a representative statement.

On the 25th, Congressman Kim posted a post on his Facebook page titled "Impeach Yun Seok-yeol, and Kim Du-gwan will take the lead." He announced that he would prepare a proposal for impeachment of President Yoon Seok-yeol at the National Assembly.

However, unfortunately for Rep. Kim Doo-gwan and some of the ruling party supporters, the possibility of impeachment of Yoon Seok-yeol seems to have been virtually blocked.

Until the middle of last month, why did I change my position when I wrote a report file that said that it would be better to impeach Yun Seok-yeol in the National Assembly?

In conclusion, it is because of Minister Chu Miae.

This is because Minister Chu and the Prosecutor's Disciplinary Committee of the Ministry of Justice have virtually cut off the path to impeachment Yun Seok-yeol.

Of course, if the Democratic Party wants, it can quickly vote in the National Assembly for impeachment proceedings against Prosecutor General Yoon Seok-yeol.

A resolution on impeachment proceedings against the Prosecutor General is possible only with the approval of a majority of the members of the National Assembly, because the Democratic Party has nearly 180 seats, far more than the majority of the satellite parties.

Still, why am I analyzing that the path to the impeachment of Yoon Seok-yeol was effectively blocked?

Because it is expected that the people will feel extremely tired if the impeachment is promoted?

Of course, this is also true, but there is another reason that the impeachment of Yoon Seok-yeol is considered virtually impossible in the current situation.

This is because the Disciplinary Committee of the Prosecutor's Office of the Ministry of Justice, convened in response to the request for disciplinary action by Minister Choo Mi-ae, has already determined that the reason for the disciplinary action of President Yoon Seok-yeol is a two-month suspension.

Impeachment is a procedure in which a public official with guaranteed status, such as a high-ranking public official or a judge, who is difficult to prosecute or discipline through normal judicial or disciplinary procedures, is dismissed when he commits serious misconduct.

(Constitutional constitution 1996. 2. 29. 93 Heonma 186) If the National Assembly requests the Constitutional Court for dismissal of the relevant public official by a majority vote of the current members, the Constitutional Court decides whether to dismiss (impeach) through the impeachment trial process. Structure.

The citation of the request for impeachment trial implies the dismissal of a senior official.

For this reason, the Constitutional Court restricts the requirements for citing a request for impeachment trial to “if there is a serious violation of the law enough to justify the dismissal of a public official” (Constitutional Article 2004. 5. 14. 2004).

If there is only a violation of the law at a level that cannot justify the dismissal, the decision to impeach will not be made.

This means that even if the National Assembly impeaches the lawsuit, in order for the National Assembly's request to be cited in the constitution and lead to dismissal, there must be a serious misconduct or disciplinary ground that can result in a dismissal equivalent to dismissal even at the usual disciplinary committee.

However, as we saw earlier, the Prosecutor's Disciplinary Committee of the Ministry of Justice decided to dismiss the prosecutor General Yoon Seok-yeol for two months, saying,'I was able to dismiss me, but I was elected.'

It was neither "dismissed" nor "dismissed" among the disciplinary levels stipulated in the Prosecutors' Disciplinary Act, and was the lowest among those classified as severe disciplinary action.

Suspension can be determined from 1 month to 6 months. Among them, the Prosecutor's Disciplinary Committee of the Ministry of Justice decided "2 months of honesty."

The Seoul Administrative Court judged that there was no basis at all in the decision to suspend execution on the 24th of the'violation of political neutrality', which is one of the reasons for disciplinary action that was used as the basis for the resolution of "two months of honesty."

Even the two-month disposition of honesty is at stake.

for'two

disciplinary action by President Yoon Suk-yeol, which was recognized by the Prosecutor's Disciplinary Committee of the Ministry of Justice, is, in the end, less than six months of honesty rather than dismissal, even as the Ministry of Justice claimed.

In addition, even for this disposition, President Yoon Seok-yeol is in a position that he will file a lawsuit for cancellation in the Administrative Court, saying that he cannot admit it.

Even if the Ministry of Justice wins the lawsuit to cancel the disciplinary disposition and finalizes the disciplinary action, the disciplinary charges applied by the Ministry of Justice against President Yoon Seok-yeol do not fall far short of the "violation of the law serious enough to justify dismissal", which is a requirement for citation of the Constitutional Court's impeachment trial. Is easy to see.

Therefore, if there is already a two-month suspension of suspension by the Prosecutor's Disciplinary Committee of the Ministry of Justice, if the prosecution for impeachment of Seok-Yeol Yoon is based only on the reasons for disciplinary action discussed so far, the possibility of impeachment being cited in the constitution will be near zero.

If so, is there no way?

It is not.

You can find new grounds for disciplinary action that have never been raised and present them as grounds for impeachment of Yoon Seok-yeol.

If the new allegations are not lacking the grounds as suggested by Minister Choo Mi-ae, and are detailed and serious enough to allow for dismissal, then after the impeachment prosecution, a constitutional decision to dismiss Yun would be possible.

However, in the process of pursuing the disciplinary action of President Yoon Suk-yeol that lasted for more than a month, the court suspended the execution of the disciplinary-related disposition twice, and as a result, President Moon Jae-in even apologized. It is questionable whether it can be found.

Minister Choo Mi-ae spent everything in his disciplinary claim on the 24th of last month, and now, despite the disciplinary charges announced by Minister Choo Mi-ae, it was evaluated that even progressive legalists who supported the current government included unreasonable content in the disciplinary charge. I don't know if you can find a new major suspicion that's missing.

possibility

is not completely closed, but for now, Minister Choo Mi-ae's full-bodied disciplinary claim has led to the result of reinforcing President Yoon's position by virtually eliminating the possibility of impeachment.

It means that Minister Choo Mi-ae made a powerful shield for Yoon, regardless of his will or that of President Yoon Suk-yeol.

It is life and politics that don't go as intended, but from the perspective of Minister Chu Mi-ae, it has played a strange role.

For Minister Chu Mi-ae, this seems to happen very often.