Prosecutor Refuses Oath at Hearing, Cites Legal Right

Park Sang-yong, a deputy prosecutor at the Incheon District Prosecutors' Office, presented himself to the police on August 27th to face investigation for allegedly refusing to take an oath during a parliamentary hearing. The Seoul Metropolitan Police Agency's Public Crime Investigation Division summoned Park to their headquarters in Mapo-gu, Seoul, to question him regarding alleged violations of the Act on Testimony and Inspection at the National Assembly.

The National Assembly's special committee investigating "political prosecution fabrication allegations under the Yoon Suk-yeol administration" had previously reported Park to the National Investigation Headquarters in May. This action followed Park's refusal to take an oath on two separate occasions in April when summoned as a witness. The hearings concerned allegations of witness coercion related to the investigation of Lee Hwa-young, former Vice Governor of Gyeonggi Province, in connection with the controversial Ssangbangul North Korea-bound remittance case.

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The National Assembly filed a complaint with absurd content, such as refusing an oath and insulting the National Assembly. Such actions constitute an abuse of investigative authority and a waste of investigative resources.

Upon arrival at the police station, Park addressed reporters, asserting that the National Assembly had "filed a complaint with absurd content, such as refusing an oath and insulting the National Assembly." He argued that such actions constitute an "abuse of investigative authority and a waste of investigative resources." Park further contended that individuals have a legal right to refuse an oath under specific circumstances, implying that the complaint against him was unwarranted and potentially malicious.

Park specifically referenced the provision in the Act on Testimony and Inspection at the National Assembly that allows a witness to refuse an oath if they have grounds to believe they might be prosecuted or convicted of a crime. He suggested that if a private citizen had filed a similar complaint, the case would likely have been dismissed without investigation, and the complainant might have faced charges of false accusation. Ahead of Park's appearance, the People Power Party's special committee to prevent the cancellation of President Lee's trial held a press conference outside the police station, criticizing the police's handling of the investigation.

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The law states that the person being investigated has the right to refuse an oath. If a private citizen had filed such a complaint, it would likely have been dismissed without investigation, and the complainant might have faced charges of false accusation.