Jung Yu-mi, a research fellow at the Judicial Research and Training Institute who held a prosecutor general-level (prosecutor general) position, is answering reporters' questions in front of the Seoul Administrative Court in Seocho-gu, Seoul, on the 12th, prior to filing a lawsuit seeking the cancellation of the personnel order that demoted her to a position of high prosecutor-level (deputy chief prosecutor/chief prosecutor) prosecutor at the Daejeon High Prosecutors' Office. Yonhap News

In a large-scale personnel reshuffle amidst the turmoil of "prosecution reform," Jung Yu-mi, a prosecutor general who was "demoted" to a high prosecutor-level position (research fellow at the Judicial Research and Training Institute, 30th graduating class of the Judicial Research and Training Institute), filed a lawsuit on the 12th against Justice Minister Jung Sung-ho seeking the cancellation of the personnel order.

Prosecutor General Jung appeared in person at the Seoul Administrative Court on the afternoon of the same day to submit the complaint.

Prior to submitting the complaint, in response to a reporter's question, "What do you think is the background of this demotion?", she replied, "I believe it is because I have spoken out frequently about reforms to various prosecution and criminal justice policies implemented by the government and the ruling party."

Regarding the purpose of the lawsuit, Prosecutor General Jung emphasized, "This is a clearly illegal and unlawful personnel action that violates existing laws and regulations. If we accept this as is, it will undoubtedly set a bad precedent for our juniors and the prosecution. I believe we must take measures to prevent such actions, which cross the boundary of illegality and unlawfulness, from recurring."

Prosecutor General Jung also said with tears in her eyes, "It's not that I have anything to regret by being overtly pushed out. I am sorry that my seniors did not fulfill their responsibilities, leading to such a difficult situation for me, their junior."

The previous day, Prosecutor General Jung was transferred to the Daejeon High Prosecutors' Office as part of a high-level personnel change by the Ministry of Justice. This was effectively a "demotion" from a prosecutor general-level position to a high prosecutor-level position (deputy chief prosecutor/chief prosecutor).

Prosecutor General Jung had previously expressed critical views on the prosecution's internal network and other platforms during major "prosecution reform" phases of the Lee Jae-myung administration, such as the amendment of the government organization act to abolish the prosecution service and the abandonment of the appeal in the Daejang-dong case.

This is the second case of a prosecutor general being reassigned as a high prosecutor, following former Prosecutor General Kwon Tae-ho, who was assigned to the Seoul High Prosecutors' Office as a prosecutor in March 2007, after serving as head of planning at the Judicial Research and Training Institute.

At that time, former Prosecutor General Kwon was disciplined with the grounds of "inappropriate conduct" due to allegations of misconduct.

Regarding former Prosecutor General Kwon's similar lawsuit, which he lost, Prosecutor General Jung stated, "That individual clearly had misconduct and received disciplinary action. Rather, if I have done something wrong, I wish they would proceed with disciplinary procedures. Demoting someone without disciplinary action, while cloaked in the guise of personnel authority, is a cowardly and dishonest act."

Ministry of Justice Building. Provided by the Ministry of Justice

It is reported that Prosecutor General Jung's complaint included the assertion that the current personnel action violates the "Regulations on the Scope of Positions for Prosecutors of the Supreme Prosecutors' Office and Above (Presidential Decree)."

According to the Presidential Decree, the positions for prosecutors at the prosecutor general level include the Prosecutor General, High Prosecutors General, Deputy Prosecutor General of the Supreme Prosecutors' Office, Director of the Judicial Research and Training Institute, Supreme Prosecutors' Office Prosecutor, Director-General of Planning and Coordination of the Ministry of Justice, Director of the Legal Affairs Bureau, Director of the Prosecution Bureau, Director of the Crime Prevention Policy Bureau, Inspector General, Head of the Immigration and Foreign Policy Office, District Prosecutors General, Vice President of the Judicial Research and Training Institute, Head of Planning of the Judicial Research and Training Institute, Deputy High Prosecutors General, and Research Fellow at the Judicial Research and Training Institute. Therefore, transferring to a high prosecutor position without amending these regulations is problematic.

It is expected that an argument will be made during the legal proceedings that this action violates Article 30 of the Prosecutors' Office Act. Article 30 of the Prosecutors' Office Act stipulates that the eligibility for appointment of high prosecutors, etc., "excludes prosecutors falling under Article 28 (prosecutor general-level)." Therefore, the argument is that Prosecutor General Jung, being a prosecutor general-level prosecutor, cannot be appointed as a high prosecutor.

It is also known that Prosecutor General Jung's complaint includes the claim that there is no basis for disciplinary or investigative action regarding the "demotion" personnel decision.

The Ministry of Justice's position is that since the Prosecutor's Office Act only distinguishes between the Prosecutor General and prosecutors, appointing a prosecutor general as a high prosecutor is not a "demotion" but a legitimate transfer that falls under the concept of a change in position.

Legally, before the amendment of the Prosecutors' Office Act in 2004, the ranks were distinguished as Prosecutor General, High Prosecutor General, Prosecutor General, and Prosecutor. However, after the law was amended during the Participatory Government era, the prosecutor ranks are only distinguished as Prosecutor General and Prosecutor. There is no demotion provision among the disciplinary actions for prosecutors in the relevant laws.