Did President Moon Jae-in make Yoon Suk-yeol the President?
There are still people who believe conspiracy theories suggesting that President Moon Jae-in took Yoon Suk-yeol's side and intentionally nurtured him to make him president, but looking at the legal structure and the chronological progression at the time, this is completely contrary to the facts.
From President Moon's perspective, he pursued disciplinary action legitimately according to the procedures prescribed by law, but he was in a situation where he could not take further action because the judiciary blocked him.
First, Article 12 of the Prosecutors' Office Act specifies a two-year term for the Prosecutor General.
It is not a position that a president can arbitrarily dismiss just because they do not like the person.
There were legal limits where dismissing someone at the whim of the administration without clear legal procedures (such as disciplinary action or impeachment) would itself constitute a serious illegality and an unconstitutional abuse of power.
Looking at the situation at the time, it is evident that President Moon took the legal measures available to him.
At the time of nominating the Prosecutor General, Yoon Suk-yeol was the only individual among the candidates who expressed support for prosecutorial reform. He was being packaged as a national hero through "refreshing" remarks, such as saying during the Park Geun-hye administration that one should not be loyal to a person, or that a prosecutor who uses investigative powers for retaliation is a gangster. Both the public and the President were deceived.
Conflict reached its peak as the prosecution's backlash and targeted investigations continued following the nomination of Minister Cho Kuk. However, since even a president cannot ignore the law and simply kick someone out, formal procedures were followed through the Ministry of Justice's Prosecutor Disciplinary Committee.
Minister of Justice Choo Mi-ae issued a suspension of duties order and requested formal disciplinary action.
After deliberation, the Prosecutor Disciplinary Committee resolved on a two-month suspension.
President Moon Jae-in, as the head of the executive branch, approved the disciplinary proposal that had come up through the legal process.
In essence, he had completed all the legal measures possible as president.
However, Yoon Suk-yeol refused to comply and filed for an injunction to suspend the execution of the president's suspension order, and the Seoul Administrative Court granted it.
The court immediately suspended the effect of the suspension approved by the president, stating that if the Prosecutor General could not perform his duties due to the suspension, the neutrality and independence of the prosecution would be undermined and the purpose of the fixed-term system would be neutralized, citing it as irreparable damage.
Ultimately, from President Moon Jae-in's perspective, within the legal limits that prevented him from dismissing him at will, he followed legitimate disciplinary procedures and even completed the approval, but he was inevitably blocked because the judiciary granted the suspension of execution and returned Yoon Suk-yeol to his duties.
If he had ignored the law and procedures and attempted a forced dismissal, he would have been caught in the frame of destroying the rule of law, which would have only given Yoon Suk-yeol even greater political justification.
It would also have been illegal.
The claim that President Moon took his side to make him president is merely a forced argument that completely distorts the legal procedures and the progression of the Administrative Court's ruling at the time.
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