Former Minister of Government Legislation Lee Wankyu Refuses Witness Oath at Judiciary Committee... Choo Mi-ae Criticizes "Anti-Rule of Law Mindset"

Lee Wankyu: "According to the Criminal Procedure Act, I Can Refuse the Oath"
Choo Mi-ae Criticizes, Citing National Assembly Act Penalties

When Lee Wankyu, former Chief of the Korea Legislation Research Institute, refused to take the witness oath during a National Assembly Legislation and Judiciary Committee audit, Choo Mi-ae, the committee chair and a member of the Democratic Party of Korea, criticized the move as "an anti-rule-of-law mindset."

Yonhap News Agency

On the 27th, during a National Assembly audit of the Supreme Prosecutors’ Office and related agencies held in Yeouido, Lee Wankyu refused to take the witness oath. Chairwoman Choo stated, "As a former Chief of the Korea Legislation Research Institute, I cannot help but point out that this is an extremely anti-rule-of-law mindset." Lee had previously refused to take the witness oath on the 24th as well.

Lee Wankyu explained, "According to Articles 148 and 149 of the Criminal Procedure Act, one may refuse to take an oath, testify, or submit documents. Article 148 states that those who fear that testimony may reveal facts leading to criminal prosecution, indictment, or conviction may refuse to take the oath." He asserted that he was refusing the oath because he falls under this provision.

Lee further stated, "Article 13, Paragraph 1 of the Act on the Inspection and Investigation of State Administration stipulates that a committee member who has a direct interest in a matter or has a significant reason that may compromise fairness cannot participate in the inspection or investigation for that matter." He added, "As I mentioned previously, the Legislation and Judiciary Committee has accused me of perjury, and I understand that Democratic Party lawmakers have also accused me of aiding and abetting insurrection."

Lee Wankyu argued, "Those who have filed accusations against me have a direct interest in this matter, so all of you are subject to grounds for disqualification." He continued, "Article 8 of the Act on the Inspection and Investigation of State Administration states that inspections or investigations should not infringe on personal life or be conducted with the intent to intervene in ongoing cases." He explained, "If you refer to this, you will understand why I am exercising my right to refuse here today."

Chairwoman Choo responded, "It seems the witness is mistaken," adding, "It was not an individual but the National Assembly Legislation and Judiciary Committee that filed the accusation against the witness." She continued, "This is a situation where the National Assembly is questioning a key participant in an insurrection, and the refusal to take the oath is taking place in this context."

Finally, Chairwoman Choo emphasized, "I would like to remind you once again that, according to the National Assembly Act, a witness who refuses to take an oath, testify, or provide an expert opinion before the National Assembly may be subject to imprisonment of up to three years or a fine of between 10 million and 30 million won."