Rival parties' complaints pit CIO, prosecution against one another

Home > National > Politics

Rival parties' complaints pit CIO, prosecution against one another

Published: 10 Mar. 2025, 18:34

MICHAEL LEE
[email protected]

Audio report: written by reporters, read by AI

Representatives of the Democratic Party, Rebuilding Korea Party, Jinbo Party and Social Democratic Party submit a criminal complaint against Prosecutor General Shim Woo-jung with the Corruption Investigation Office for High-ranking Officials in Gwacheon, Gyeonggi, on March 10. [NEWS1]

The liberal Democratic Party (DP) and its allies filed a criminal complaint against Prosecutor General Shim Woo-jung with the state anticorruption watchdog on Monday over the prosecution's decision to release impeached President Yoon Suk Yeol from detention.

The complaint against Shim came the same day that the conservative People Power Party (PPP) formally asked the prosecution to probe Oh Dong-woon, head of the Corruption Investigation Office for High-ranking Officials (CIO), on charges that his agency overstepped its authority by detaining Yoon on insurrection charges tied to his Dec. 3 declaration of martial law.

The submission of the complaints marks an unprecedented situation where rival political parties have pitted the country’s two main investigative agencies against each other.

In their joint complaint to the CIO, the DP, Rebuilding Korea Party, Jinbo Party, Basic Income Party and Social Democratic Party accused the prosecutor general of neglecting his duties and siding with Yoon by not appealing the Seoul Central District Court’s decision that his detention was invalid.

A delegation of DP lawmakers also visited the headquarters of the state prosecution service on Monday.

Led by Rep. Choo Mi-ae, the DP lawmakers entered the Supreme Prosecutors’ Office at around 10:30 a.m., holding placards demanding Shim’s resignation.

However, Shim said earlier the same day that he does not intend to resign as he believes he “followed due process” by acquiescing to the Seoul Central District Court’s decision.

The court ruled Friday that prosecutors had indicted Yoon after the end of his legal custody period, rendering his detention invalid.

Under Korean law, a suspect must be freed from detention if prosecutors fail to file an indictment before their detention period ends.

By the court’s reckoning, Yoon’s detention ended at 9:07 a.m. on Jan. 26, more than nine hours before prosecutors filed their indictment against him.

In a twist, the court determined extensions to Yoon’s detention period should have been calculated in hours, not calendar days, thus rendering the time frame prosecutors could have kept him in custody shorter than they had originally calculated.

In his comments on Monday, Shim said he disagreed with the Seoul Central District Court’s reasoning.

However, he also argued the prosecution’s decision to abide by the court’s ruling does not constitute grounds for his removal.

“I made the decision based on my convictions and followed due process,” Shim said, adding that he would “take corresponding steps if the National Assembly pushes for impeachment.”

Even before prosecutors formally ordered Yoon’s release on Saturday, legal observers had expected them to not appeal the Seoul Central District Court’s decision based on precedent.

The Constitutional Court ruled in 2012 that it is unconstitutional for prosecutors to immediately contest a court order revoking a suspect’s arrest.

It remains to be seen if Shim’s claims that he acted in accordance with legal procedure will persuade the DP and its allies not to impeach him.

The five liberal parties collectively hold 190 seats in the 300-member National Assembly.

Some liberal lawmakers, such as DP Rep. Seo Young-kyo, have demanded that Yoon be arrested again based on unspecified “new evidence” related to his declaration of martial law.

Members of the conservative People Power Party hold a press conference at the National Assembly in Yeouido, western Seoul, on Feb. 10 regarding their criminal complaint against Oh Dong-woon, chief of the Corruption Investigation Office for High-ranking Officials. [YONHAP]

In contrast, the PPP has seized on Yoon’s release as evidence that his criminal and impeachment proceedings are fundamentally flawed.

In its complaint to the prosecution, the PPP accused the CIO chief of “deliberately misleading the public” through his agency’s investigation of Yoon on insurrection charges.

The PPP also alleged that Oh and his agency illegally detained Yoon, gave false testimony to the National Assembly and fabricated official documents to support their investigation and application for a warrant against the impeached president.

PPP Rep. Joo Jin-woo told reporters that his party decided to submit a complaint against Oh because it believes “his crime is premeditated and not committed by accident in the course of his duties.”

Rep. Kwon Young-se, who is serving as the PPP’s interim leader, argued at a meeting of the party’s emergency steering committee the same day that Yoon’s release should influence the Constitutional Court’s upcoming ruling on his impeachment.

“Given the [Seoul Central District Court’s] ruling has highlighted the injustice of the investigation [against Yoon], the Constitutional Court should reevaluate its adoption of witness interrogation records and investigation files related to the case,” Kwon said.

BY MICHAEL LEE [[email protected]]