Oh Dongwoon Responds to HOCIU Legality Controversy:
"Solved by Issuance of Detention Warrant"
Oh Dong-woon, head of the High-ranking Officials' Crime Investigation Unit (HOCIU), rebutted the People Power Party's claim on the 23rd that the investigation process involving President Yoon Seok-yeol's arrest and detention was abnormal, stating that "it was conducted according to legal procedures."
Oh made these remarks during the 'Emergency Questioning on the Illegal Riot Incident at the Seoul Western District Court' held in the National Assembly plenary session that afternoon, in response to People Power Party lawmaker Song Seok-jun's questions about the request for a warrant at the Seoul Western District Court instead of the Seoul Central District Court, and the restrictions imposed on President Yoon's family visits and correspondence.
When Song asked, "There has been controversy over whether the HOCIU has the authority to investigate charges of rebellion," and "Wasn't there an unfortunate incident during the process of obtaining arrest and detention warrants from the Seoul Western District Court instead of the Seoul Central District Court?" Oh replied, "It was resolved by the issuance of the detention warrant," and added, "It was clearly recognized that the President's residence fell under the jurisdiction of the Seoul Western District Court by virtue of the warrant issuance."
When pressed with the question, "Is it normal to deploy 3,000 personnel during the execution of the second arrest warrant for President Yoon, conducting the arrest as if capturing a heinous criminal?" Oh countered, "The arrest of the ringleader of the rebellion was carried out according to legal procedures based on the arrest warrant, and the operation was conducted legitimately without any bloodshed."
As Song repeatedly pressured, stating that public anger was high due to the HOCIU's actions, Oh defended, "If the measures had not been taken, that would have been the real problem," and added, "The measures taken were procedurally flawless."
Odongwoon, the head of the Corruption Investigation Office for High-ranking Officials, is responding to lawmakers' questions during an emergency inquiry on the illegal riot incident at the Seoul Western District Court held at the National Assembly plenary session on the 23rd. Photo by Kim Hyunmin
When People Power Party lawmaker Jo Bae-sook pointed out that prior approval was not obtained for entering the presidential residence, which is a military facility protection zone, during the execution of the arrest warrant, Oh argued, "According to Articles 110 and 111 of the Criminal Procedure Act, as stated in the confirmation clause of the arrest warrant, there is no need to obtain approval related to national security for searches conducted for arrest, which is the court's legitimate interpretation."
Regarding the reason for obtaining approval from the 55th Security Unit of the Capital Defense Command, which is responsible for security outside the presidential residence, Oh responded, "The commander of the 55th Security Unit provided the official document to confirm that they would not obstruct our arrest warrant."
Jo also cited remarks from an academic conference on the operational development direction following the launch of the second term of the HOCIU in December last year, arguing that the HOCIU does not have the authority to request warrants. At the conference, Jung Woong-seok, president of the Korea Institute of Criminal Justice Policy, stated in his presentation on "Problems and Development Directions of the HOCIU Functions" that "There are crimes for which the HOCIU can investigate, prosecute, and try, and crimes for which it can only investigate. For crimes that can only be investigated, the HOCIU does not have the authority to request warrants."
When Oh rebutted, "That presentation expressed a view different from current law," Jo pressed, "That was a commissioned study by the HOCIU. If so, since the HOCIU does not have prosecution rights for rebellion, are you saying it will now refer the case to the prosecution? You do not have the authority to request a warrant for the rebellion charge against the President, do you?" Oh reiterated, "That is the personal opinion of the head of the institution," and added, "It does not align well with our practical work."
Meanwhile, claims were made that the opposition party's attitude and the court's rulings are not unrelated to the Western District Court incident. Song said, "As one of the central politicians who cannot be free from this incident, I will reflect on this despair myself and deeply apologize to the people," but also argued, "How much obstruction has there been from the large opposition in the National Assembly? At the end of the year, there was an unprecedented budget manipulation. We must reflect on whether the incidents in the National Assembly are unrelated to the Western District Court unrest." Opposition lawmakers protested loudly, accusing him of "deceiving the people."
Lawmaker Lee Man-hee from the same party also said, "The Democratic Party of Lee Jae-myung is acting as if they are an occupying force, as if they have already seized power," and added, "They are intimidating the people by calling opposition to impeachment rebellion propaganda and agitation."
Jo cited a newspaper column, saying, "It is said that the HOCIU, which has authority controversies, brought the case, and the court's unusual decisions escalated the situation. It is not simply because of blind supporters that unfavorable results occurred, but because a series of judicial procedural decisions led to the perception that the judiciary is interpreting too biasedly and lacks fairness in execution. Fundamental reflection by the judiciary is necessary."
Odongwoon, the head of the Corruption Investigation Office for High-ranking Officials, is responding to a lawmaker's question during an urgent issue inquiry related to the illegal riot incident at the Seoul Western District Court held at the National Assembly plenary session on the 23rd. Photo by Kim Hyunmin
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