A court rejected a request for an injunction filed by Chief Prosecutor Jeong Yu-mi, who was effectively demoted in a recent Ministry of Justice personnel reshuffle, arguing that the personnel action against her was unjust. The bench said the ministry's personnel move appeared to be a measure that effectively disadvantaged Jeong, but determined there was no need to urgently suspend enforcement to prevent irreparable harm.
The Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Lee Jeong-won) on the 2nd rejected Jeong's request for an injunction against the Minister of the Ministry of Justice.
The bench said, "The measure in this case is a disposition that effectively disadvantages the applicant (Chief Prosecutor Jeong) in that, only a few months after transferring the applicant to a research fellow at the Legal Research and Training Institute at the Supreme Prosecutors' Office rank, which is a prosecutor-level post, the applicant was again transferred to a Daejeon High Prosecutors' Office prosecutor at the high prosecutors' office rank."
However, the bench said, "Whether to cancel this measure needs to be carefully determined in the main lawsuit," adding, "If the applicant wins the main lawsuit, much of the damage to the applicant's reputation and social standing caused by the personnel measure can be restored."
It went on, "It cannot be concluded that there is a realistic and specific concern that the applicant's fairness in performing prosecutorial duties will be infringed by this measure," and added, "The circumstances asserted by the applicant alone do not appear to present an urgent need to suspend the effect of this measure."
Earlier, on the 11th of last month, in a reshuffle of senior officials, the Ministry of Justice effectively demoted Jeong to a Daejeon High Prosecutors' Office prosecutor, a post at the Vice Administrator/Director General prosecutor level. The next day, Jeong filed an administrative suit seeking to cancel the personnel order against Minister Jung Sung-ho of the Ministry of Justice, along with a request for an injunction. Jeong argued that the Ministry of Justice's personnel action transferring her to the Daejeon High Prosecutors' Office violated the "Regulations on the scope of posts for prosecutors at the Supreme Prosecutors' Office rank or higher (Presidential Decree)," which set standards for posts for chief prosecutor rank and above.
By contrast, the Ministry of Justice said the transfer of Jeong to a Daejeon High Prosecutors' Office prosecutor, a post at the Vice Administrator/Director General prosecutor level, "is not a disciplinary action but a measure the appointing authority can take." It also said it cannot be seen as a demotion because prosecutors' ranks are distinguished only as prosecutor general and prosecutor.