尹"I don't even agree with the crime of rebellion..."We will make a direct statement of the legal regulations."

■ Host: Youngsoo Kim Anchor, Lee Ha-rin Anchor
■ Starring: Lawyer Son Jeong-hye, YTN Reporter Baek Jong-gyu

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



[Anchor]
As you have just heard, President Yoon's lawyers have made their position for the first time today. If I tell him, he said he doesn't even agree with the allegations of civil war, and if the public hearing opens, President Yoon will confidently express his position in court. There is also a dispute over the right to appoint three vacant Constitutional Court judges. Let's point out with lawyer Son Jung-hye and YTN reporter Baek Jong-gyu. Welcome, two of you.

[Anchor]
The lawyers made their first statement today. Reporter Baek Jong-gyu, are you done with the formation of the defense team?

[Reporter]
It's not completed yet. Reporter Kim Da-hyun reported that Seok Dong-hyun, a lawyer involved in the formation of President Yoon's lawyers, briefed. Lawyer Seok Dong-hyun is the former chairman of the Korea Communications Commission Kim Hong-il, and lawyer Yoon Gap-geun has decided to join. And those who decided to help President Yoon are coordinating, and the lawyers have not yet submitted their appointments. Today's office contracts will also be known soon. It also said that within a few days, the lawyers' refined position will be revealed with the president's consent.

[Anchor]
Then additional admission will come out soon, right?

[Reporter]
That's right.

[Anchor]
They are senior prosecutors who worked with President Yoon, right?

[Reporter]
That's right. There are three people known: lawyer Seok Dong-hyun, former chairman of the Korea Communications Commission Kim Hong-il, and lawyer Yoon Gap-geun. In the case of lawyer Seok Dong-hyun, he is considered one of President Yoon's closest aides. It is known to be 40 years old, but it is known that he is a fellow of Seoul National University Law School 79. In 2012, he left the prosecution after serving as the head of the Seoul Eastern District Prosecutors' Office. In the last presidential election, he served as the special assistant director of President Yoon Suk Yeol's camp. When President Yoon was in office in 2022, he also served as the secretary general of the Advisory Committee for Democratic Peace and Unification. In the case of Kim Hong-il, the former chairman of the Korea Communications Commission, he is a senior prosecutor to President Yoon. I did the 3rd deputy prosecutor at the Seoul Central District Prosecutors' Office. He was a former special prosecutor who appointed the Busan High Prosecutor General. When he was the chief of the Supreme Prosecutors' Office, President Yoon was the head of the Central Investigation Division 2. We worked together. In the case of lawyer Yoon Gap-geun, he was a former Daegu High Prosecutor, and it is known that he had a relationship while working together when President Yoon was demoted to the Daegu High Prosecutor's Office.

[Anchor]
I see. Thank you very much. Both of them are prosecutor-turned lawyers with ties to the prosecution. Lawyer Son Jung-hye, is there a possibility that the lawyers will be formed larger?

[Son Jeonghye]
First of all, it is a case in which the lawyers have to bear the burden of work in various ways. Lawyers may be needed to prepare for the Constitutional Court's judgment. If it constitutes the role of an attorney who prepares a document in practice and an attorney who delivers a certain message internally and externally.

[Anchor]
You have to respond to the rebellion investigation.

[Son Jeonghye]
Since there is room for several people to respond to the Constitutional Court's judgment, those who are committed to investigating civil war, those who will work on documents and investigate evidence, or those who will specifically plead, there is a need for more practical lawyers to participate in the case and that seems to take time to form a lawyer.

[Anchor]
If you look at what the lawyers said today, they said they will not attend tomorrow. Also, the co-operation version is also saying that it is believed to have rejected the request for attendance. What's the process going on?

[Son Jeonghye]
First of all, we cannot go out on the scheduled date of attendance at a time when both the government and the prosecution are expressing their position that they are considering arrest warrants in response to non-compliance with the summons. And the president's office claims that the time required for defense or defense has not yet been secured, so the prosecution and the prosecution are setting a deadline for the subpoena schedule until the 21st. If the president and the prosecution adjust the schedule within 21 days and agree to come on the same day, there is no room for interpretation as non-compliance with the summons. It's already supposed to come out on a coordinated date. If you don't consider arresting at that time, but you continue to break the subpoena schedule without any commitments and any schedule coordination, some of the investigative agencies may actually consider arresting. In the end, the key is whether the schedule will be adjusted by the 21st.

[Anchor]
The possibility of an incumbent president appearing in court is also increasing.

[Son Jung-hye]
[Son Jung-hye] I think it will be inevitable to summon several times not only because of the court but also because of the investigation. It's possible that it won't end up with a single subpoena. Because if there are several martial law commanders and President Yoon's statements are inconsistent, the second and third summonses are also inevitable in the process of cross-examination or confirmation of it, so a considerable number of summonses are likely to occur. This is because it is necessary to check the vast amount of facts.

[Anchor]
Both the police and the prosecution have notified the summons. But you're not responding for a variety of reasons. When do you think you'll respond to the summons?

[Son Jeonghye]
First of all, the police had a deadline of the 21st, so I think it would be much more helpful for President Yoon to be investigated 21 days in advance as much as possible. This is because the prosecution and the headquarters have already secured recruits for key suspects. It's because an arrest warrant has been issued. If so, I think the possibility of an investigative agency beyond this week will increase because it is a rapid situation in which we need to quickly secure recruits to prevent the possibility of destruction of evidence rather than responding to the demand for more than a week or two to the peak.

[Anchor]
However, the police's request for attendance is considered to have been rejected, according to the Dong-A Ilbo today. If so, some analysts said that they would attend the prosecution and show such willingness. President

[Son Jeong-hye]
{President Yoon seems to think that he has a lot of practical benefits to adopt the prosecution, and the possibility of that is increasing. Unfortunately, if the prosecution and police are organically linked to each other through a joint investigation, there is room for the police to ask questions and the prosecution to ask questions on the daily schedule, but there is a side of confusion. First of all, from the prosecution's point of view, we will actively investigate cases related to police investigations, especially in the actual process of arrest warrants. In particular, if the suspect selects the prosecution and responds to the summons, the investigation is forced to be carried out again, so it seems that the possibility of a summons investigation on a date coordinated with the prosecution increases a little at the moment.

[Anchor]
The prosecution and police have now notified each other of the summons to secure recruits. Reporter Baek Jong-kyu is investigating the police, the prosecution, and the Ministry of National Defense, right? Cooperation investigation headquarters attempted to seize and search the presidential office's security office today?

[Reporter]
That's right. The Joint Investigation Headquarters is now waiting to search and confiscate the server stored in the presidential office's security office. The presidential office's security agency is currently facing a confrontation. In order to check the security calls of National Police Agency Commissioner Jo Ji-ho, that is, the communication records of the non-Phone, a separate warrant is issued and execution is being attempted.

[Anchor]
Are you still trying?

[Reporter]
I'm still waiting. In the case of non-phone, eavesdropping and call recording prevention programs are installed. That's why you need to secure a server to check your call history. The reason why we are trying to secure this is because National Police Agency Commissioner Jo Ji-ho said he talked to President Yoon six times on a non-Chinese phone during martial law. That's why it's to reveal what we talked about on the phone six times and what kind of time we talked on the phone. So far, there is still a confrontation.

[Anchor]
And isn't there a place where President Yoon met with police chiefs three hours before martial law? I applied for a search warrant there, but it was rejected.

[Reporter]
That's right. I'm not going to Samcheong-dong. It's called a safe house. It's right next to where Cheong Wa Dae was before that. The police applied for a search and seizure within the presidential office, but the court rejected it. I applied to search around Anga and then to search Anga.

[Anchor]
Is there a reason for the court's dismissal?

[Reporter]
It's been handed down. The court said that the need for seizure and search is not recognized, and the reason for the dismissal was as follows. This is also what's been told. The reason why safe house is important is that we met here with Police Commissioner Jo Ji-ho and Seoul Commissioner Kim Bong-sik three hours before martial law. At the time of the meeting, President Yoon gave one A4 paper to the chiefs. Since Cho and others said that the control agencies were written on one sheet of A4 paper, they are trying to secure this A4 paper and to see if there is a circumstance of evidence destruction, but the court rejected it once.

[Anchor]
I see. Wait a minute. Before asking lawyer Son Jung-hye, there is a news report that the prosecution arrested the health lawyer.

[Anchor]
Breaking news has been reported that a health judge has been arrested by the prosecution for receiving illegal political funds from politicians. The Seoul Southern District Prosecutors' Office said it arrested Jeon, who is suspected of violating the Political Fund Act. According to the prosecution, Jeon has been accused of receiving illegal political funds from politicians in 2018. I'll give you more detailed news as soon as I get it.

[Anchor]
I broke the news that you arrested a medical examiner. I think the search and seizure of safe houses is very important. But why did the court dismiss it?

[Son Jeonghye]
Like the reporter's explanation, the need for an investigation is necessary, but it seems to be due to the specificity of the place called Anga. Usually, Anga is a very close space to the secret of privacy, so there is a possibility that the first application for seizure and search may be rejected because it may have requested a more specific search and seizure, but I think there is a possibility that some will come out if the supplementary investigation clarifies that there is evidence that is very directly related to the civil war case. In particular, since it is an extremely private place where the president and his wife live, I think it is intended to clarify a little more, but as I said, the crime of rebellion is punished even by plotting. I can tell you that there is still a need for a search as long as it is a crime place because it can be specified as a simulated place as a crime place.

[Anchor]
In this way, the prosecution and the police are trying to search and confiscate and coordinate the summons of President Yoon. If President Yoon stands on the photo line this Saturday as demanded by the prosecution, he will be the first incumbent president to be summoned in constitutional history. Let's take a look at what it was like in the past. I'll explain it to you while looking at the screen. After leaving office in February 2008, the first is former President Roh Moo Hyun. After staying in Bongha Village in Gimhae, Gyeongsangnam-do, on April 30 of the following year, he was summoned by the Central Prosecutor's Office on charges of taking bribes, and before heading to the prosecution office, he said, "I am ashamed of the people. I said, "I'm sorry to disappoint you," and got into the car and had to stand in front of the photo line of the prosecutor's office in Seocho-dong. Let's take a look at the case of former President Park Geun Hye. The investigation into the state affairs manipulation case began while he was in office, but the prosecution's summons investigation took place after the dismissal. On March 10, 2017, the Constitutional Court decided to dismiss him and 11 days later, he was summoned to the prosecution as a former president. You're looking at what it was back then. At the time, former President Park said, "I am sorry to the people. I said, "I'll do my best to investigate." And former President Lee Myung Bak was not investigated as president either.

When he was a presidential candidate, he received a written survey and a visit survey as president-elect. In March 2018, five years after leaving office, he was investigated by the Seoul Central District Prosecutors' Office on charges of embezzlement of DAS funds and bribery of Samsung. So, so far, there has been no case of an incumbent president not only being summoned, but also a door-to-door or written investigation. However, there are cases where the wife of the incumbent president was investigated by the prosecution. As you all know, it's Mrs. Kim Gun-hee. In July, the prosecution investigating the alleged manipulation of Deutsche Motors' stock price and receipt of luxury bags caused controversy by conducting a private investigation into Kim in a third place, not in the prosecution office. At that time, the prosecution mentioned the 'reasons for security and stability'. In the end, the prevailing observation is that President Yoon will probably maintain security, safety, and courtesy as he will remain president until the Constitutional Court's results are released.

[Anchor]
Anchor Lee Harin introduced it well. Because I'm a sitting president now. If the incumbent president attends the investigative agency directly, there will be security and protocol issues. What is the courtesy?

[Son Jeonghye]
First of all, there is a point to think a little about what President Yoon is asking for. We cannot rule out the possibility of requiring a closed subpoena. However, according to President Yoon's current tendency, he spoke his position in a public statement even after the impeachment was passed. Then, even during the prosecution's summons process, I may choose to openly tell the public about my position in the form of a public statement before being proudly reviewed for an open summons. I think we'll have to wait and see which of the two cases makes sense. Due to the current photo line problem, the rules related to human rights investigations related to photo lines were revised a lot during the Democratic Party of Korea government. So it's hard for investigators to intentionally create a photo line. However, I think the suspect will even allow him to make his position before this. If a closed-door summons is made, the people want to see a message to the people from the president's point of view, but nothing has been decided at this time how the investigative agency treats the president. I would like to mention that this is a discretionary matter.

[Anchor]
There is also an analysis that if President Yoon continues to refuse to comply with the request for attendance, another reason for dismissal will be added later.

[Reporter]
I think I'm talking about this because I heard the case of former President Park Geun Hye. In the case of former President Park Geun Hye, contrary to his promise, he was not cooperative with the prosecution and the special prosecutor's investigation. As a result, the Constitutional Court made an inauthentic apology to the people on the impeachment trial decision and failed to keep its promise to the people. I revealed it like this. In addition, he judged that the respondent's will to protect the constitution is not clear when looking at these words and actions. President Yoon Suk Yeol has announced that he will not avoid legal and political responsibility regarding the declaration of martial law. That's why if President Yoon does not cooperate with the investigation, the same behavior as former President Park will appear. I think the Constitutional Court will also refer to this part when making a decision.

[Anchor]
Thank you. Following the investigation into President Yoon, I will ask you about the impeachment trial of the Constitutional Court. The Constitutional Court has requested an answer to the impeachment trial by the 23rd, right? How is it going?

[Reporter]
In the case of President Yoon, he has not received the National Assembly's impeachment motion sent by the Constitutional Court since the 16th. The Constitutional Press Officer is serving the President. And the presidential office is not confirming the application clearly. It is a situation that requires you to submit an answer within 7 days from the date of delivery. In the case of the Constitutional Court, it is also trying to deliver it in three ways: personal, express mail, and electronic document system. If delivery is delayed, the time to submit an answer will continue to be delayed. So the President's Office will continue to send by daily express mail, electronic documents, and personnel. This is the position. Therefore, if you look at President Yoon's position, I wonder if it will be delayed because he has not submitted his appointment as an agent. Some say that they are implementing a delay strategy.

[Anchor]
Yoon's impeachment hearing is on the 27th. However, the process is being delayed and the documents are not being received even though they have requested an answer to the impeachment trial. How do I look at it?

[Son Jeonghye]
In order to exercise one's defense rights, it is very meaningful to participate in the preparation period and express our position on what evidence we will apply for and how we will defend ourselves in the future, so it is better for the respondent's representative to come out and express his position as soon as possible within the set date. Of course, President Yoon, the party involved, is not obligated to attend, but lawyers must attend and argue for issues in our favor.

If there is evidence in favor of the issue, the future hearing process will be fair when we exercise our right to defend ourselves only when we express our opinions on how to collect and submit the evidence and what to do with witnesses. So, it's usually better to go on a set preparation period and it's an opportunity to exercise your defense rights. Currently, there is no appointment of a lawyer, but I think the appointment will still be prepared before the preparation date.

[Anchor]
Yoon will come out in person, the lawyers said so today, is there a possibility that it will come out from the first hearing date?

[Son Jeonghye]
I don't think the possibility is that great. The procedure to come out and verbally talk about my position is to come out at the last important hearing, talk to the public, and make a set final statement, but there is room for direct claims of factual and legal relations, but it is not realistic to come out several times a week.

[Anchor]
I've never been in a former presidential umpire.

[Son Jeonghye]
Because there's a security issue. If you participate in each trial every day, there is a problem that security personnel have to move together, and there is a possibility of confusion in various trials.

[Anchor]
Last time, he said he did the 17th hearing.

[Son Jeonghye]
That's right. Therefore, it is difficult to come out every time, and it is predicted that he will come out and talk about his position in person at the most important trial.

[Anchor]
And reporter Baek Jong-kyu, how did the Constitutional Court decide to broadcast live?

[Reporter]
I decided not to do a live broadcast. I compared the same situation with former President Park Geun Hye. The Constitutional Court said it will not broadcast the impeachment hearing of President Yoon live.

[Anchor]
There was a lot of talk that there was a high possibility of broadcasting the public argument live.

[Reporter]
That's right. It said it will be provided as a recorded video after the pleading.

[Anchor]
They're going to release it as a recorded video?

[Reporter]
That's right. At the time of the impeachment trial of President Park Geun Hye, there was no live broadcast of the defense, and the recording video was provided at this time as well. For this reason, the same standards apply to the impeachment trial of President Yoon Suk Yeol. I'm revealing it like this.

[Anchor]
On the other hand, the Constitutional Court reiterated today that the case can be heard in a six-member system. Political wrangling is heating up over the position of three vacant judges. Let's take a look at the past case with a graphic to see what's controversial. In December 2016, the acting Hwang Kyo-ahn system began with the decision of former President Park Geun Hye to impeach him. During the impeachment trial, Park Han-chul's term as the chief justice of the Constitutional Court ended in January 2017. On March 13, after former President Park's impeachment was cited, Constitutional Judge Lee Jung-mi's term ended. At that time, legal debates continued over whether the acting president could appoint a successor as he is now. Acting Hwang did not appoint Park's successor, but only appointed Judge Lee Jung-mi's successor.
There is a difference between the two cases here. The head of the Constitutional Court Park was recommended by the president. He left office before the impeachment decision was made. Judge Lee Jung-mi was recommended by the Chief Justice of the Supreme Court and retired after the impeachment decision was made. This logic is focused on this point, saying that the acting president should not appoint a judge before the decision to impeach Kwon Sung-dong, the floor leader of the People's Power Party. The Democratic Party of Korea insists that the three vacant judges' positions should be appointed because they are recommended by the National Assembly. However, in 2017, the ruling and opposition parties were in a different position. Let's listen to it.

[Anchor]
Lawyer Son Jung-hye, it seems that the ruling and opposition parties have changed their positions, but there were other circumstances.

[Son Jeonghye]
With one legal interpretation, I can say that arguments and opinions contradict according to political interests. First of all, the prime minister is acting as an acting president after the impeachment. There is no scope for the authority to act on behalf of the authority to exercise the authority in law and constitution. It is common law to interpret that the authority that needs to be exercised can be exercised as an agent because there are no enumeration regulations and no restrictions. If so, I think it is a natural interpretation to interpret that the prime minister, who has not been given democratic legitimacy, can exercise the right to appoint at the level of agreeing to the right to appoint unless it reaches the level of exercising strong presidential power as an ordinary president. However, depending on political interests, the opinions of both sides are now coming out completely opposite. So I think you can interpret it faithfully to the legal principles.

[Anchor]
From the ruling party's point of view, it is not a vacancy, but a suspension of duty. He emphasized this point.

[Son Jeonghye]
At the moment, there is room for it to be considered a vacancy. So, I think I can say this. An accident or vacancy is an interpretation that has no practical benefit in interpretation. It is clear that if the impeachment is already passed and the impeachment is passed, the acting president will exercise his authority.
Then I think we can interpret it as a matter of acting authority.

[Anchor]
I see. And I also broke the news yesterday. The chief judge of the impeachment trial is Justice Jeong Hyung-sik, appointed by President Yoon.

[Son Jeonghye]
That's right. For this reason, there are people who are worried that the impeachment trial will be cited because the conservative judge will hear it more in favor of President Yoon. I don't think so. This impeachment decision is seen by descendants for decades and hundreds of years, as well as the impeachment decision of former President Park Geun Hye. Opinions may differ a bit. If you look at the decisions, you express many opinions, separate opinions, minority opinions, and individual opinions, but this case is dominated by political bias or one's own philosophy? Such a sentence cannot be written by the judges. Because it's a decision with my name on it, I think it's right to believe that the people will make a convincing decision.

[Anchor]
I see. Lastly, we will also look at the trial of Democratic Party Chairman Lee Jae-myung. Will the conclusion of the Constitutional Court's impeachment trial come first or the conclusion of the election law violation trial of Democratic Party Chairman Lee Jae-myung first? In the end, the political circles are fighting each other. Election Law Violation Trial, how is it going now?

[Son Jeonghye]
This is also using a delay strategy. It seems very natural to interpret that there are other actions that the lawyer and the defendant are actively trying to delay now, judging that it is advantageous for the defendant. Now, the application for a judge's avoidance has been made in the trial of remittance to North Korea, and in this case, if it's really not a reason, I ask him to dismiss it, but if I want to get a judgment, I go to another court to review whether there is a reason for the request.
But this is not a single trial, and the application for challenge is not recognized, so even if you decide to dismiss it, you can appeal. You can appeal within a week and re-appeal against this appeal decision. So, if there is a possibility that the Supreme Court can be judged, there is room for at least a month or two or three months on average to judge this.

[Anchor]
Thank you. Reporter Baek and Lee Jae-myung's violation of the Public Official Election Act is now on November 12th, and the second trial has not yet begun. When do you think it will start?

[Reporter]
I don't think the trial schedule has been set yet. First of all, the court has to set a trial schedule and a date, but it hasn't been done yet. In the case of CEO Lee Jae-myung, he has to submit related documents, but I know that it has not been progressed yet.

[Son Jeonghye]
In this case, the court sent the notice of receipt of the litigation record from the defendant's side, but I understand that it is not served on the defendant's side. The lawyer's appointment is not in. When a senior lawyer comes in, you can send it to the lawyer's office and it will be served immediately.

[Anchor]
Didn't you hire a new lawyer?

[Son Jeonghye]
In a way, in order to allow a little more time, the senior lawyer has not yet come in and has not received a lawsuit on the appeal record. If you receive this notice of receipt of the record, the deadline for submitting the reason for appeal will continue to leak. As such, representative Lee Jae-myung also seems to want to be decided slowly in preparation for the judicial risk of guilt, although it is perfect if the appeals court is acquitted.

[Anchor]
It's like we're playing a game of tricks.

[Anchor]
Thank you for your explanation. So far, we've been with lawyer Son Jung-hye and YTN reporter Baek Jong-gyu. Thank you very much. Thank you.