Yoon's return may accelerate Moon's lame-duck presidency

President Moon Jae-in, left, and Prosecutor General Yoon Seok-youl. Moon apologized, Friday, "for causing inconvenience and confusion" to the people over Yoon's suspension from duty, sought by the justice ministry, and reinstatement following a court decision, Thursday. Korea Times file

President apologize for 'confusion' over suspension and reinstatement of prosecutor general

By Yi Whan-woo

Prosecutor General Yoon Seok-youl resuming his work following a court decision Thursday to grant him an injunction against the justice ministry's move to suspend him from duty is being viewed as a victory over Justice Minister Choo Mi-ae, with whom the former has had a nearly year-long power struggle.

Furthermore, it is a win over President Moon Jae-in, who approved the disciplinary measure to remove Yoon. The ruling bloc has referred to the prosecutor general as a stumbling block to prosecutorial reform.

Speculation is rising that the decision will deal a direct and serious blow to the President's leadership in managing state affairs and pursuing his reform plans in various sectors, eventually speeding up the onset of a lame-duck presidency with his term ending in May 2022.

In granting the injunction against Yoon's suspension from duty, a disciplinary action sought by Justice Minister Choo for alleged multiple acts of misconduct, the Seoul Administrative Court cited procedural flaws in the disciplinary process and the "irreparable damage" that may be caused by a two-month suspension of the prosecutor general.

Yoon also filed another suit to entirely annul the disciplinary measure. Considering this suit may take months or years, the injunction means Yoon is likely to stay in office until his two-year term ends in July 2021.

The disciplinary action was the latest in Choo's repeated attempts to get rid of Yoon under the name of achieving Moon's prosecutorial reform, after he became a problem for leading the prosecution's investigations into several alleged corruption cases involving presidential aides including Choo's predecessor Cho Kuk.

Choo tendered her resignation in mid-December after the disciplinary action was made. The President hasn't yet accepted the offer.

Shin Yul, a Myongji University political science professor, reckoned the public will perceive the situation as Yoon winning over Choo in their political battle.

"This could go against the President, too," Shin said.

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The professor viewed Yoon's presence may disrupt reform plans including the launch of a new investigative body for high-profile corruption cases and therefore may loosen the President's grip on state management.

He also expressed his belief that the court's decision amounts to a setback for the Moon administration which claims it is focused on fairness and justice.

Moon's supporters and the ruling Democratic Party of Korea (DPK) called the court decision "a judiciary coup," asking for a full-scale reform of the legal sector next year.

"But to the eyes of the many people, the decision is perceived as the Moon government's failure to be righteous and objective in its prosecutorial reform efforts, and rather, being one-sided, irrational and even controlling," Shin said.

He added "public fatigue" toward the Moon government over the Choo-Yoon feud already has been witnessed, referring to the record-low 36.6 percent approval rating of the President in a survey released Dec. 23.

Kim Hyun-jun, also a Myongji University professor, said the court's decision, together with a separate court's ruling on the wife of former Justice Minister Cho, demonstrates "how the Moon government has been tarnishing its core values of fairness, justice and freedom."

On Dec. 23, the Seoul Central District Court sentenced Cho's wife, Chung Kyung-sim, to four years in prison for forgery of academic documents, obstruction of business, insider trading and embezzlement, among other charges.

"This explains why Moon's approval rating has collapsed below the 40 percent range, which is touted as the Maginot Line for a lame duck," Kim said. "With such a collapse, Moon will undergo a lame-duck presidency as his predecessors did."

In relation to Yoon, Kim said the ruling on Chung justified the prosecution's investigation into the Cho family and showed that it was not politically-motivated.

Experts speculated the prosecution's ongoing probes into former and incumbent officials at Cheong Wa Dae and some of Moon's aides may intensify and further hamper Moon's state management.

Among the cases are the early closure of the Wolsong-1 nuclear reactor amid Moon's push for nuclear energy-free policy, the presidential office's alleged crimes during the election campaign of Ulsan Mayor Song Cheol-ho, a longtime friend of Moon, and a financial fraud scandal centering on two asset management companies, Lime and Optimus.

"In these circumstances, it's doubtful whether prosecutorial reform can gain momentum next year," Shin said.

A day after the court's injunction, the President issued an apology.

Saying he respects the court's decision, Moon said, "I, as a person who has the authority in personnel affairs (for the prosecutor general), apologize to the people for causing inconvenience and confusion," according to presidential spokesman Kang Min-seok, Friday.

Moon expressed the hope the prosecution will also keep the decision in mind and ensure it exercises its authority in a fair manner. He also urged the justice ministry and the prosecution to pursue prosecutorial reform through cooperation.