[New Square 2PM] "Boom" on the subway train through the wall... "Sudden acceleration claim"

■ Host: Anchor Na Kyung-chul and anchor Lee Se-na
■ Starring: Lawyer Lim Joo-hye

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.



[Anchor]
Let's take a look at the events and accidents that have received a lot of attention recently. Case 2, today we will be with lawyer Lim Joo-hye. Please come in. There was a dizzying accident early yesterday morning. A car drove through a wall next to the train tracks?

[Lim Joo-hye]
That's right. You can also check it on the video. A very dangerous accident has occurred. I could see the white SUV breaking through the wall that separates the subway railway and the road at a very high speed. The vehicle had a collision with the bus just before the accident and the brakes were not braked thereafter. That's why it's revealed that the accident occurred like this, but the exact cause of the accident needs to be investigated. If you look at the wall video, you can see that it's completely broken. At that time, you can see the upward train passing directly after this vehicle breaks through the wall like this. The vehicle stopped on the descending track. The driver and the passenger were safely evacuated by witnesses. Not long after the evacuation, the descending train collided with this car and passed by. It is said that there were about 300 passengers on the downstream train, and fortunately, the passengers on the train and the drivers and passengers of the vehicle were able to evacuate without getting hurt.

[Anchor]
I think it's a very fortunate accident that there were no casualties in this accident, as we've seen in the video. In the end, why did this accident happen? We need to find out the cause of this, but they said there was no drinking or drug situation for the driver?

[Lim Joo-hye]
That's right. At first glance, it's an accident that I don't understand. I was able to see the appearance of rushing at full speed on the wall as it was. The wall really collapsed like paper. Looking at this situation, they say that just before this accident, the vehicle had a collision with another bus, and then came into a narrow alley, and the brakes didn't work at all. So it seems like you're making a kind of sudden acceleration claim. However, it is reported that no reaction was found in the alcohol test or drug test immediately after this. As for the exact cause of the accident, it seems necessary to observe the results of the investigation.

[Anchor]
These days, many people claim sudden acceleration after traffic accidents. But how many cases are recognized?

[Lim Joo-hye]
In fact, there are a lot of accidents that claim sudden acceleration or sudden acceleration these days. In fact, if you look at the statistics, the National Forensic Service conducted a survey, and the number of cases increased from only 45 in 2020 to 105 in 2023. As of 2024, the number of cases now in question by October alone reached 114, which is expected to be much higher by December now. However, this is the number of accidents that claim sudden acceleration, so the number of accidents that went all the way to emotion. In fact, none of them have been recognized as sudden acceleration when the National Forensic Service actually investigated and inspected them. In the end, there were zero cases. Then, if you check what caused this accident and that part, about 85.6% of the drivers' mistakes we often talk about were pedal manipulation.

So, it was an accident that occurred when the accelerator pedal and the brake pedal were mistaken and stepped on incorrectly. This was about 85% of the accident, and in the rest of the accident, it was difficult to identify itself because the vehicle was damaged too much, or if it was difficult to properly analyze because the EDR device, which we call the accident recording device, was not installed.

[Anchor]
We saw it on the video a while ago, but there are some scenes of accidents that I can't understand no matter how much I look at them, so I hope this cause analysis will be done more thoroughly. According to the news of another accident, a series of traffic accidents believed to have been caused by road freezing occurred in the Gyeonggi area because the temperature fell after heavy snow last week, right? [Lim Joo-hye] The road thin ice was literally an emergency. There was a lot of snow. Then, the snow melted. As the snow played and the temperature went down again while the snow was slightly wet, it became thin ice. We're calling it black ice like an outlaw on the road. When this black ice is produced, vehicles will slide helplessly, as can be seen in the video now. There was a 10-car collision in Ansan because of this black ice. It was thin ice all over the road, so no matter how much the vehicle tried to brake or slow down, it just slipped. A 14-car collision also occurred on the Anseong national highway and one person was killed, and the cause of the accident is now believed to be black ice. In the case of a 53-car crash in Wonju, Gangwon-do, it is now said that the cause is thin ice on the road.

[Anchor]
It's as if cars are slipping on an ice rink, but the road thin ice and black ice are more dangerous because it's hard for drivers to see with their naked eyes.

[Lim Joo-hye]
That's right. Actually, it's hard to tell with your eyes. I drive around too, but it freezes similarly to the color of asphalt. That's why it's hard to see and avoid with your eyes. That's why, in the end, the driver has no choice but to pay attention. In the case of roads with black ice, the braking distance is twice as long as usual. If it's double, it's a very big number. That's why in order to prevent this black ice, at least the braking distance is called the distance from the car in front of us, which we often talk about. I think it will be very important to make this gap wider. And it will be very important to decide whether to operate the vehicle by checking weather information from time to time, and not only that, but in the end, in order to prepare for such black ice, the vehicle must be inspected well. In addition to checking the safety of the tires, you should avoid sudden acceleration or sudden braking when driving in these eyes and try to slow down, especially when going around corners, to at least avoid this dangerous thin ice.

[Anchor]
Please refer to the precautions you just mentioned and drive carefully when the temperature drops. Before moving on to the next topic, let's watch the related video together. Also, I'm reporting on the drug case, but there's something very unusual this time. When I investigated the man who claimed himself to be a thief, it turned out that it was a drug delivery system, right?

[Lim Joo-hye]
I think it can be seen as an incident where the police officer's insight is very bright. The incident began with a citizen's report. I called the police because I thought a stranger or stranger had broken into the
room. Upon receiving this report, the police officer was dispatched to the location and arrested the stranger on the spot. But his actions were so suspicious. As you can see in the video now, I show my face gently. He even showed his arms showing that he confessed to the crime so gently, as if to handcuff him. When he asked why he came in here, he answered that he was trying to steal the package, and he was trying to be caught very smoothly. However, the police officer said that he was puzzled by the appearance of confessing to the crime so smoothly. So after that, we checked the bag to see if there was a weapon, a possibility of additional crimes, or any other stolen items, and as you saw earlier, a large amount of methamphetamine was found in this bag, 129 drugs.

[Anchor]
I think the police might have been more suspicious of the excessive cooperation, but how much difference is there between the thief, the drug delivery policy, and the level of punishment?

[Lim Joo-hye]
In fact, I think there was a calculation that I would be punished as an attempted theft rather than being punished for drug delivery. And since he already had a large amount of drugs in his bag, if he denies the crime or tries to avoid the police's pursuit, of course, drug-related crimes will be revealed, so he seems to have said that he came to steal waste appliances or packages on a whim to avoid this. Of course, even in the case of attempted theft, if the case occurred at night and the housing and the parts that come into the house are recognized, the sentence is quite high with up to 10 years in prison for night housing theft. Even a general theft can result in up to six years in prison and a fine of up to 10 million won. The level of punishment may not be so high because it is an attempt and because the damage has not actually occurred, but in the case of drug distribution, the sentence is completely different. If you look at this issue now, it doesn't appear that you had that amount alone or individually for medication. When we talk about the current state of drug distribution, the most problematic thing is that it is very easy to order and receive. This person is a so-called throwing method, so when an order for this drug comes in, it seems to be a distribution book and transportation book that throws drugs into nearby mailboxes or under tires.

In this case, if the crime of distributing drugs in large quantities and importing them is confirmed, there may be a very high sentence, more than five years in prison, or more than 10 years in prison if circumstances such as those imported from abroad are confirmed. That's why higher sentences and higher crimes. And this is not the only problem right now, but it has also been additionally found at home. If you investigate further, other distribution books will be a problem, so you can say that you disguised yourself as a courier thief to hide these drug-related crimes.

[Anchor]
As you can see, it's about the size of a thumb nail and black packaging, and it's said that it's divided into 1g each. So, in addition to this drug, about 500g of additional drugs were found in the property, as the lawyer said. Then, I think we need to investigate where this amount of drugs came from and where they were going to distribute them.

[Lim Joo-hye]
That's right. I think that's the key direction of the investigation in the future. If this person didn't manufacture it now or bring it himself, he would have received it from somewhere, so I think we need to check where the distribution and supply were. If this person was supplying this methamphetamine to someone, it would also have to be investigated by the person who bought this methamphetamine, the consumers of this methamphetamine now. Therefore, I think that by analyzing the entire distribution process of this drug through this person, additional investigations into those suspected can be carried out. The perpetrator is said to have made remarks to this effect that he thought it was a crime, but he did it to pay for living expenses, but even if there is such a part, he should never carry drugs. [Anchor] If it was really because of the hardships of life, how much consideration would be given to the level of disposal?

[Lim Joo-hye]
I don't think that's going to be easy. There's no one who doesn't have a story. But that doesn't mean everyone is going to be a crime. In particular, in the case of these crimes of supplying and distributing drugs, the sentence is higher than that of simple drug administration. In particular, methamphetamine is classified as a highly addictive risk drug. The reason why the crime of those who act on behalf of distribution or sales is considered very bad is that there is a vicious cycle of not being able to stop drugs because of this supply. In the end, the court is now judging that the nature of the crime is very bad because they are playing a role in recommending drugs. And even if it's because of the hardships of life, the unjustified way of making money cannot be defended. That's why I don't think saying this will make a big consideration in sentencing.

[Anchor]
It seems that the number of drug-related cases in the two cases is increasing much more than before, but is the number of drug-related crimes increasing rapidly?

[Lim Joo-hye]
That's right. In 2023, the number of drug-related drug offenders exceeded 20,000 last year. So, the percentage of arrests last year exceeded 27,000. It's being evaluated as the highest number ever. There was a particularly intense crackdown last year on these things, of course, on these drugs. Because of those parts, a lot of arrests have been made, and there may be a trend that may decrease afterwards, but the recidivism rate is very high in the area that can be pointed out as a problem with this drug. It's called habit, as well as drunk driving and drugs, but it's difficult to stop once you're addicted to drugs, so many of these arrested drug offenders are very likely to touch drugs again. These are very worrisome situations that make it possible to predict that there will be no choice but to continue to draw an upward curve in the future in the trend of increasing drug offenders. In particular, as the methods in question, throwing methods, or advertising drugs through SNS, and the cost of purchasing drugs has been greatly reduced, efforts to break the link between drugs are needed so easily, especially even to teenagers.

[Anchor]
I'm really worried that the recidivism rate is 35%, but I think the government and authorities need some special measures. Let's move on to the next issue that we prepared. Let's watch the prepared video first.

[Anchor]
The Dongduk Women's University incident, triggered by the co-educational transition problem, shows little sign of resolution. The problem is spreading in many ways, but first, the school has taken legal action against students?

[Lim Joo-hye]
That's right. The Dongduk Women's University incident began when the student council of Dongduk Women's University began occupying Dongduk Women's University and insisted on a full withdrawal of co-education. In this process, the radical response method became a problem. It seems that the spark of conflict is reviving after appearing to be over. For now, most of the students have taken over, but some members of the student council are still occupying the main building. In response, Dongduk Women's University claimed that the main building was occupied and that it was having difficulty carrying out the school's normal administrative affairs, and issued an injunction to demand the main building to be evicted immediately, and to evict responsibility for obstruction of business. A legal battle is scheduled to be held on whether the provisional disposition will be recognized and they will be evicted or what steps will be taken thereafter.

[Anchor]
By the way, it is said that the subject who applied for the provisional injunction is not a school corporation, but the personal name of the president, what does this mean?

[Lim Joo-hye]
So, it is said that it was not under the name of Dongduk Women's University, but under the name of the president or the director. I don't think this part will have a very big effect legally. Anyway, it seems that the person who is working in the main building is the president, the chief of staff, and these school figures. No matter what kind of lawsuit you file under the name of the school, the individual president has to proceed with the lawsuit as a representative, so it is possible to guess that the name of the president or the director was used rather than proceeding under the name of the school.

[Anchor]
Dongduk Women's University Students' Association also announced a legal response, so what are the options?

[Lim Joo-hye]
The student council of Dongduk Women's University also said that such provisional measures have been taken and that there has been an application for provisional disposition, and that the student council is also in close communication with the lawyer and will take legal action in relation to this. However, given the situation so far, it seems difficult for the student council to take legal action against the school first. Rather, it seems necessary to take measures to defend against any legal response, such as an injunction, a complaint, or a civil damage claim from the school, but it is difficult to predict what legal action the school can take now and how to respond in the future.

[Anchor]
We've been looking at the situation inside Dongduk Women's University through videos, but there are places where lacquered and objects seem to be damaged. The school estimates that the cost of restoration for these areas is about 5.4 billion won. So the school's position is that it will burden the students with this cost?

[Lim Joo-hye]
So we haven't directly charged students for this 5.4 billion cost yet. The calculation of this 5.4 billion cost is also called lacquer, as you can see with the video and the picture. There is a saying that spray paint is sprayed on the outer walls of schools, asphalt, windows, and so on, but it is very expensive to erase it. In addition, because the job fair was not held due to students occupying the school, they were asked to compensate about 300 million won from the developer. The school's position is that when these amounts are combined, damages may be required from at least 2 billion to 5 billion won, and 5.4 billion won. In response, the students said there was no basis for calculating damages and argued that there was no need to compensate for this because it was our legitimate action. However, the school has already taken legal action. Before filing a civil claim for compensation, these actions are said to be communal property damage, that is, collectively, to break down the school's objects or punish one part as communal property damage. We have actually filed a complaint against about 21 students due to obstruction of business, and it is expected that an investigation on this part will be filed soon.

[Anchor]
He began to take legal action, but the student council of Dongduk Women's University suggested five demands, saying that it could reconsider lifting the occupation of the main building. What does it specifically contain?

[Lim Joo-hye]
There were complaints about obstruction of business and loss of common property, focusing on members of the student council through the school's injunction request for eviction of the main building and CCTV, but the student council also took a step back if it had previously insisted on the full withdrawal of the co-ed discussion. First, I asked for an apology to the students of the school for pursuing the undemocratic transition to co-educational. Next, we asked the student council, which will be newly formed in 2025, to discuss the issue of coeducational transition after 2025. And he also demanded the establishment of such a structure that could collect students' opinions. This part stands out, too. I demanded the normalization of attendance. So, for a very long time, students' participation in class rights has not been guaranteed, but the final exam period is just around the corner. However, the school said it would handle it according to principle, so if there is an absence, you may lose your qualification to take the final exam, and if so, there is a risk that you will not be able to complete the class properly due to an F grade, and the student council is even asking you to admit that you attended the class.

[Anchor]
While we're talking, a breaking news came in from the National Assembly, so we'll deliver it and continue to look at the contents. The plenary session of the National Assembly began a little while ago, and news came a little while ago that the impeachment of Choi Hae-jin, the auditor, and Lee Chang-soo, the chief of the Central District Prosecutors' Office, were reported at the plenary session. Regarding the chairman of the Board of Audit and Inspection Choi, the Democratic Party of Korea decided to impeach him by presenting suspicions of a poor audit related to the relocation of the presidential residence as grounds for impeachment on the 28th of last month.
In response, Choi expressed regret, calling it a political impeachment that undermines the basis of the constitutional order. In addition, the Democratic Party of Korea reportedly reported the impeachment of three prosecutors, including Lee Chang-soo, the chief of the Seoul Central District Prosecutors' Office, Cho Sang-won, the fourth deputy chief of staff, and Choi Jae-hoon, the second chief of anti-corruption department.

First Lady Kim Gun-hee was subject to impeachment on the grounds that she was not prosecuted for her involvement in stock price manipulation. All the chief prosecutors at the Central District Prosecutors' Office, except Choi Jae-hoon, the second head of the anti-corruption department, said they did not respect the spirit of the Constitution and issued a statement opposing the impeachment. It was reported at the plenary session of the National Assembly a while ago.

[Anchor]
In this regard, we will talk to lawyer Lim Joo-hye in a little while. We were talking about Dongduk Women's University, and there is a lot of controversy online. The personal information of Dongduk Women's University students has been disclosed and many criticisms are being posted, can't these be legal issues?

[Lim Joo-hye]
The situation is really growing. As mentioned earlier, not only have there been complaints from the school against the students of Dongduk Women's University, but also several other complaints are underway. Investigation is also underway on those who previously broke into Dongduk Women's University without permission, and those who predicted a stabbing spree are still being tracked. In addition, personal information disclosure is also taking place, so this part could be a violation of the Personal Information Protection Act or defamation, so it started with some justification, but there is a very worrisome point because similar and further criminal acts continue to occur one after another. I think it should be sorted out through dialogue and compromise as soon as possible, so that there will be a clue to the solution in any legal battle.

[Anchor]
In the midst of this, online posts about not hiring female college graduates are spreading. If this is actually done, isn't it a violation of the labor law?

[Lim Joo-hye]
That's right. We can't be discriminated against for religious reasons, for gender reasons, or for certain schools, when we have a certain recruitment process, for this part, for student council selection or employee selection. If there is such a part, it can be a problem under the Labor Relations Act because it corresponds to discrimination. If this continues to be a problem between men and women or a certain school versus other schools, the people will eventually be divided in half. I think we should avoid this discussion.

[Anchor]
Next, we will talk about the issues reported now, including the impeachment of the Board of Audit and Inspection Chairman Choi Sang-soo and the impeachment of three prosecutors, at the plenary session of the National Assembly today. First, the Board of Audit and Inspection's impeachment motion is pursued. Isn't this the first time the auditor has been impeached?

[Lim Joo-hye]
That's right. It's the first attempt to impeach the auditor. Of course, impeachment is a constitutional right, but it's not something that can happen often. Impeachment is a measure that can only be implemented at the end of the day, which can be called the last bastion of a person appointed through normal procedures. That's why the impeachment process is also very complicated. You mentioned that there was a report to the plenary session of the National Assembly, but it will be voted on at the plenary session within two days, 24 hours, and 72 hours. At this time, if there is a majority of the registered members' approval, this impeachment will not end here, but only then will the Constitutional Court be impeached again. Even at this time, impeachment is designated only when more than six members of the Constitutional Court agree to impeach, so it is the last procedure that can be carried out, especially considering the status of the auditor.
That's why it's very meaningful and noteworthy, I think you can see it like this.

[Anchor]
Pursuing the impeachment motion against the auditor for the first time. So what's the reason for the impeachment drive?

[Lim Joo-hye]
It's very important why you want to impeach and why. The reason why I'm putting it forward now is that basically, the audit of the president's previous office was poor. So, to summarize a little more, the audit is now going back and forth for political reasons. I think we can organize it like this. Therefore, it can be said that the government is giving an audit in favor of a specific government and the other government is giving an audit in a disadvantageous way. The impeachment of the three prosecutors is also being pursued along with Choi Hae-jae, the head of the Board of Audit and Inspection, and this is similar logic. Prosecutors are not prosecuting according to the law, but are not performing their duties properly because they are swayed by political reasons or specific circumstances. This is actually a very important part of the reason for impeachment because they are accused of abusing their authority or abandoning their duties. No matter what legal violation there is, this is a separate part that needs to be judged separately as to whether it is a circumstance that could lead to dismissal or impeachment. Therefore, as this argument is now, there is a problem that the Constitutional Court will argue whether this is a reason for impeachment, even if some problems are identified, as the argument of the impeachment.

[Anchor]
As you said, if the impeachment bill is passed at the plenary session of the National Assembly in two days led by the opposition party and the Democratic Party, the duties of the auditor and prosecutors will be suspended. In particular, in the case of the head of the Board of Audit and Inspection, if the job is suspended, it will be operated under an agency system, but who will be the acting president?

[Lim Joo-hye]
I need an agent. If so, since the job will be suspended, an acting president is needed to act as the head of the Board of Audit and Inspection. According to the current Audit and Inspection Service Act, among the six audit committee members, the person with the longest tenure will act on behalf of the office. If so, since Cho Eun-seok has the longest tenure, Lee will be acting as an acting member. If the vacancy continues even after leaving
, the next person with the longest tenure will act as an agent.
[Anchor] On the 4th, so if you pass the National Assembly the day after tomorrow, the ball will be passed to the Constitutional Court as you said, but the Constitutional Court is now operating under a six-member system. Is it possible to
?
[Lim Joo-hye] That's right. Therefore, it seems that it will take some time.
If impeachment becomes a problem, it would be appropriate to conclude as soon as possible to remove the disturbing factor, but in the end, there are a lot of issues that need to be argued and insufficient manpower. Because of these points, the gap period can be significantly longer. Some point out that the acting system may last longer. As I mentioned earlier, the Constitutional Court will finally see what kind of laws this case violates and whether there was any abuse of authority given in the law related to the duties, and in addition to that, it may take some time because it has to see whether this is a reason for dismissal or impeachment.

[Anchor]
There are various political interpretations of the impeachment issue, and most of all, they are the parties, and there is a lot of opposition from the Board of Audit and Inspection and the prosecution. At the Board of Audit and Inspection, the secretary-general of the Board of Audit and Inspection held an emergency briefing, and the prosecution is preparing a statement of position from the command and executive to the rank-and-file prosecutor. Can such a backlash affect the result? What do you think?

[Lim Joo-hye]
From the perspective of the Board of Audit and Inspection and the prosecution, of course, it seems that there is no choice but to protest from the internal position of the organization. As I said earlier, impeachment is not such an easy process. Impeachment can proceed as a final procedure when this person reaches the point where he or she cannot perform his or her duties in relation to his or her duties at the end. As this impeachment process is being pursued, of course, within the Board of Audit and Inspection and within the prosecution, this is an attempt to shake the foundation of the organization.

It is possible to point out that the leadership of the organization is shaken like this to ensure the process of handling personnel and cases that suit one's taste, but the most important thing is the processing process that the people can understand. Therefore, if there is no reason related to impeachment, it will be essential for those who insist on impeachment to thoroughly prove why they are not the reason for impeachment and explain to the people why it is wrong so that they can respect the judiciary's judgment and the judgment in impeachment and thus reach a convincing conclusion.

[Anchor]
The impeachment motion against the auditor and the three prosecutors was reported at the plenary session a little while ago, and it will be voted on at the plenary session the day after tomorrow, but it is almost scheduled to be passed at the plenary session the day after tomorrow, right?

[Lim Joo-hye]
If there is more than a majority, it will be possible to pass, but the final conclusion needs to be watched. However, it does not end here, but after the suspension of the duties, it seems that the judgment of the Constitutional Court finally concludes.

[Anchor]
Case 2, today I talked with lawyer Lim Joo-hye. Thank you for talking today.