■ Starring: Baek Jong-gyu, social affairs reporter, lawyer Kim Sung-hoon
* 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]
It is said to have premeditated martial law. For the first time, the contents of the notebook of former intelligence commander Roh Sang-won, who led the so-called "Lotteria Meeting," were released. There was also an expression to call politicians and journalists "collection targets" and induce attacks on North Korea at the Northern Limit Line NLL. It was also revealed that the former commander Roh tried to create a separate organization called "Investigation Team 2". Let's take a look at the contents with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and Kim Sung-hoon, a lawyer. Welcome.
I'm a former commander of a senior intelligence officer. However, it is believed that he attended and led the hamburger meeting. Your notebook has been secured. What was in the notebook?
[Reporter]
The police special investigation team held a briefing today and revealed the investigation situation. It is said that he secured a notebook in Ansan, Gyeonggi-do, where former commander Roh lived. The key point of today's briefing was to explain what was written in the notebook of former intelligence commander Roh Sang-won secured earlier. It is said that words related to martial law were written on about 60 pages of this palm-sized notebook.
Some predict that this notebook will be another decisive evidence of the "smoking gun" that reveals the full extent of martial law. If you look at the contents of the notebook, there was an expression 'Inducing North Korean attacks in the NLL'. It seems to be in line with some claims that they tried to provoke North Korea for martial law, including former Defense Minister Kim Yong-hyun. However, the police have yet to confirm whether there was any actual action as the notebook says.That's what I said.
In addition, as to whether it is related to 'unmanned' or 'dirt balloons', I drew a line like, "I can't confirm it yet." Earlier, the opposition party raised suspicions such as former Minister Kim hitting the origin of North Korea's garbage balloon spraying point. Based on reports that he ordered the deployment of our drones over Pyongyang, he has accused former Minister Kim and President Yoon of "foreign exchange crimes" in addition to rebellion.
[Anchor]
The NLL induced North Korean attacks. What does this mean?
[Kim Sung Hoon]
Details should be investigated and revealed by people, but in conclusion, there are various controversies about unconstitutionality and illegality regarding emergency martial law. In particular, the first is that he abused the president's authority to make emergency martial law that violates the Constitution, even though it is not a sudden change in wartime.
The second is the crime of rebellion in the part of mobilizing military forces to suspend or suspend the National Assembly and constitutional institutions. In this regard, suspicions have been raised that North Korea was trying to induce or create a wartime system to create a so-called rapid change of war that could pose a serious threat to our security.
In this regard, it is necessary to investigate whether the martial law in this case was not just a warning, as the respondent himself revealed, but also carefully planned in advance and prepared things that involved considerable military mobilization in the front and rear.
[Anchor]
Since we have secured the notebook, it can be a preparation situation based on the contents written in the notebook. In addition, further investigation is needed to determine whether or not it was actually executed. So what crimes can you apply regarding the notebook?
[Kim Sung Hoon]
It's primarily the crime of civil war. The crime of civil war is to suspend the Constitution, suspend the constitutional order, and neutralize the constitutional institution for the purpose of national constitutional disorder. In the end, if you wanted to cause a military conflict with North Korea as a means, you could basically be a rebellion as a method to neutralize the constitutional order. However, in the case of foreign exchange crimes that are being discussed now, it is specifically called the crime of attracting foreign exchange.
In fact, I didn't think Korean broadcasts would deal with the crime of attracting foreign exchange. In a word, it is the crime of attracting foreign exchange to open up the battlefield against Korea by conspiring with foreigners, or to make them go to war with Korea, or to conspire with foreigners. I told you that the crimes of civil war and foreign exchange can be prosecuted while in office. Here, foreign exchange is something that tried to bring in foreign powers and overturn the constitutional order of training.
In this case, there is a possibility that an investigation related to the crime of foreign exchange will be conducted. However, as far as we know, there is at least no precedent in Korea regarding the crime of foreign exchange. In fact, since it is a very unusual type of crime, the standard of conspiracy against foreign countries in that part can be argued a lot legally if prosecuted in the future.
[Anchor]
I was talking about former commander Roh Sang-won's notebook, and the word National Assembly blockade came out in it. In the first place, if you look at the presidential statement, you explained that the reason why the troops were sent to the National Assembly was to maintain order in case citizens flocked.
[Reporter]
That's right. In this notebook, the police revealed it. There was an expression called 'lockdown of the National Assembly'. In addition, politicians, journalists, religious people, unions, and judges were expressed as "collection targets." The police said the word "collection" is interpreted as an arrest. There was also a mention of their acceptance and handling methods. Some of them said their real names were written on them. It is presumed that former commander Roh
planned to block the National Assembly after declaring martial law and operate an actual 'arrest group'. However, it is said that there was no content related to the "Pogoryeong". First of all, as I said, I can see from the notebook that the emergency martial law was prepared in advance. For this reason, the police also judge that it can be decisive evidence to reveal the full extent of martial law.
The police unusually disclosed details and expressed confidence in the investigation. The police judge that the contents of the notebook can be viewed as objective evidence. The contents related to the blockade of the National Assembly and the arrest of incumbent judges and politicians are consistent with the investigation so far. There is no statement from Roh Sang-won, the former intelligence commander who plotted martial law at a hamburger store meeting, but most of the people involved are making similar statements.
But I think there will be limits. This is the limit that the police have revealed. President Yoon and Kim Yong-hyun also revealed that each word may not be considered to include the overall context because the contents in the notebook contain not the context or instructions.
[Anchor]
Then how many pages did you say it was?
[Reporter]
It has more than 60 pages.
[Anchor]
Did it also have a date written on it?
[Reporter]
I can't confirm the date written on it.
[Anchor]
If the date is written on it, you will know when you started preparing it.
[Reporter]
There were only words written on it.
[Anchor]
But he said his real name was written on it. There's been only testimony, no evidence. So, can this notebook serve as a physical evidence?
[Kim Sung Hoon]
If the prosecution is made in the future by combining various pieces of evidence, it can be a very important evidence to prove the prosecution. Everyone was surprised on the day the emergency decree was declared. How these things happened, what happened. After that, some very important things that I realized were decree No. 1, suspending the activities of the National Assembly. Our Constitution has never given the President such authority. And in fact, special forces stormed the National Assembly. And they also occupied the NEC.
And there was also a so-called specific order to make an arrest. In that regard, the focus of the investigation was that this was not suddenly impulsively done, but rather that it would have been quite prepared.
Then, revealing who prepared it, who did it with, and what worked at the core is a key investigation of how it is structured around the target criminal of the National Constitution. In that regard, the scenario of who to mobilize and how to invade, how to arrest constitutional institutions, and how it was planned need to be summarized as evidence.
In that regard, it can be a very important evidence by combining not only the hamburger meeting but also the parts where a lot of intelligence personnel were mobilized. Above all, it is also a key evidence in the investigation of rebellion. In other words, it seems that it can be a very important factor in the purpose of the national constitution and in the part that some private organizations wanted to deal with the constitutional function of the state with arbitrary power.
[Anchor]
Reporter Baek said, but the president wrote down the personal thoughts of former commander Roh Sang-won, how should we respond by protesting like this?
[Kim Sung Hoon]
If former commander Roh Sang-won was suddenly caught by the police after writing down a notebook, there would be no problem. There was actually an emergency martial law. And special forces stormed the National Assembly. Many intelligence personnel also occupied the NEC. These are difficult parts to understand when it comes to rationality for everyone. In fact, the intelligence commander, the former intelligence commander, and related people gathered to meet several times, and some of them even took a vacation and moved to Pangyo to simulate it.
There would have been no problem if a simple notebook had been found in this area, but if there are parts of the preparation of a large part of the contents consistent with the notebook and some of the actions of the parties, I think it is necessary to focus on the investigation based on these.
[Anchor]
Thank you. But there is a story that a private organization called Reporter Baek Jong-kyu and Investigation Team 2 was prepared. What kind of argument is the investigation team 2?
[Reporter]
This is what the police said in a briefing today. The so-called hamburger store meeting was held twice, centered on the former intelligence commander of the Senate. At the time of their meeting, it was revealed that they had prepared to form a separate investigation team under the joint investigation headquarters of the martial law command.
It is a separate organization from the Joint Investigation Headquarters, an official organization established after martial law. If there is a joint investigation headquarters, it will create another organization. That's why I'm expressing it as the second stage of investigation.
[Anchor]
You made it into another organization, not a subordinate organization?
[Reporter]
First of all, it's a subordinate organization, and it's a separate organization where an investigation team is formed, and it was intended to consist of three departments on a scale of about 60 including the general manager. Police say the NEC's takeover of the server appears to have been their first task. There was even a personnel appointment document that assigned military officials to the second stage of the investigation.
The police could not confirm the subject of the writing, but after the decree was issued, they saw former Defense Minister Kim Yong-hyun take out the documents from the envelope and deliver them, and they secured this testimony. Based on this, it has been confirmed that the personnel issuance document has been prepared, but the police explain that they have secured the document from the Ministry of National Defense.
[Anchor]
Former commander Roh is a civilian. Then, the civilian status tried to set up a separate investigation team, and there were about 60 people. Is this possible?
[Kim Sung Hoon]
It's not possible. It's called the Armed Forces. The Armed Forces are not the army of the regime, not the army of a particular commander, but the army of the nation and the army of the people in the democratic plan. So basically, only under all the procedures and control of the democratic republics, you can only do your duty under the purpose of serving the people, and you can do your part.
If any civilian gets involved in the military regime of the state and gets involved in or can mobilize or organize military command, we can clearly see this as a military revolt plot under the criminal law. In that regard, the fact that the current and former present seriously gathered and plotted outside of a certain control system can be seen as a very serious matter.
In that regard, it is a matter that needs to be investigated with suspicion that civilians not only planned this part, but also specifically wanted to commit a national subversion related to the constitutional order.
[Anchor]
I'm now pointing out the story in former commander Roh Sang-won's notebook. Most of the reference investigations have been completed for the members of the State Council who attended the Cabinet meeting before martial law, and the contents of the note that Deputy Prime Minister Choi Sang-mok received from the president have also been confirmed. We'll continue our conversation after listening to the related recording.
Choi Sang-mok / Minister of Strategy and Finance and Deputy Prime Minister for Economy (last 13th): He announced the lifting martial law and came in, and gave me a folded paper for reference. At the time, I didn't know what it was about and I put it in my pocket because I didn't know what it was about. The president looked at me as he entered and told me to refer to this, so someone next to him said, I don't know. But someone next to me gave me a piece of data. ]
Choi Sang-mok / Minister of Strategy and Finance and Deputy Prime Minister for Economy (last 17th): I didn't recognize that the note was in my pocket, so I asked the assistant secretary to keep it. I felt like it was a measure based on martial law. ]
[Choi Sang-mok / Minister of Strategy and Finance and Deputy Prime Minister for Economy (last 17th): (The fact that there was a reserve fund is the same as instructing to prepare funds for martial law. Can I interpret it like that? ) I think it will be meaningful to secure financial funds for the martial law situation. ]
[Anchor]
Is the answer given by Deputy Prime Minister Choi Sang-mok at the National Assembly slightly changing? Which one is it?
[Reporter]
That's right. This is an exclusive report by YTN. The police recently called Choi Sang-mok as a reference to the deputy prime minister and conducted an investigation. At the time of the emergency martial law Cabinet meeting, President Yoon secured an order document delivered to Deputy Prime Minister Choi. It's called an A4 paper document.
It is said that the document contained instructions to 'cut the operating expenses of the National Assembly immediately' and to 'make a budget for the operation of the emergency martial law legislature'. Deputy Prime Minister Choi failed to read the note properly in the National Assembly regarding the contents of the document.That's what I said. At the same time, it seems to be aimed at securing financial funds related to martial law, he said.
In the case of the National Assembly budget, you need to apply to the Ministry of Strategy and Finance to receive funds that need to be delivered every month. If the order to cut off the operating expenses of the National Assembly means to stop paying such expenses, it goes without saying that martial law troops were put into the National Assembly to interfere with the vote to lift the emergency martial law. It is suspected that he was trying to pressure the National Assembly by tightening the purse strings. President
Yoon said in a public conversation on the 12th that the martial law was not intended to dissolve the National Assembly or paralyze its function. However, it is expected to be controversial as circumstantial evidence appears to have attempted to suspend the operation of the National Assembly. The meaning of the instruction to "make a budget for the operation of the emergency martial law legislature" is also expected to be an issue during the investigation of the index and impeachment, which are premised on the dissolution of the National Assembly.
[Anchor]
Cut the running costs of the National Assembly. If this directive is true, how should it be interpreted legally?
[Kim Sung-hoon]
[Kim Sung-hoon] The core purpose of the so-called national constitutional controversy is whether military forces were mobilized with the intention of suspending the function of the constitutional institution. In that regard, National Assembly activities have already been suspended only by decree No. 1. The Democratic Republic has never given the president such authority. There is a problem in that area, but specifically, there was not only decree 1 but also an action plan for it in martial law at the time. In other words, it is right to physically reveal whether the arrest of lawmakers or the blockade of the National Assembly has been carried out in the investigation of rebellion, secure relevant testimony, and in the end, investigate the respondent, who is the party in this area.
If the government wanted to completely neutralize the legislature and block the right to lift martial law and restore the rest of the powers by completely neutralizing the legislature, this will also be an important part of the purpose of the national constitution.
[Anchor]
He said that the purpose of the National Constitution can be a very important basis, but the police confirmed that Deputy Prime Minister Choi Sang-mok submitted the original size of a folded paper and a note A4. What does it mean?
[Kim Sung Hoon]
Isn't the meaning of folded A4 paper and a note different? Of course, there may be differences in expression, but it is an important data for the target criminal to prove the purpose of the national constitution in that regard, what the specific instructions were at the time. It seems that the levels of speech continue to change in that area.
However, if you are a member of the State Council, in the end, what is wrong with this martial law itself constitutionally and in the problematic process, as a person who attended the meeting anyway. Since the actual truth needs to be clarified, it is necessary not only to simply express notes and paper, but also to clearly explain what instructions were taken and what instructions were made in the process.
[Anchor]
We even took a note from Deputy Prime Minister Choi Sang-mok. The prosecution is also focusing on the so-called arrest group investigation. It was also an issue at the National Assembly's luck committee today. Let's listen to the recording first and continue the conversation.
[Han Byung-do / Minjoo Party member: Do you remember who called and the name of the official? ]
[Jeon Chang-hoon / Investigation Planning Officer, National Police Agency: Yes. I remember. ]
[Han Byung-do / Minjoo Party member: Who is it? ]
[Jeon Chang-hoon / Investigation Planning Officer, National Police Agency: Director of Investigation Coordination Division, Counterintelligence Agency. It was Lieutenant Colonel Koo ○○. ]
[Han Byung-do / Minjoo Party member: Don't you know why the counterintelligence agent requested to provide the list? Then, during the call, did you hear about the arrest team? Or wasn't there? ]
[Jeon Chang-hoon / National Police Agency Investigation Headquarters Investigation Planning Officer: I heard it was an arrest team. ]
[Woo Jong-soo / Director of National Investigation Division, National Police Agency: The counterintelligence agent reported to me that he requested about 100 investigators to prepare for the formation of the joint investigation headquarters. Separately, the situation around the National Assembly is confusing, so we request five or five personnel from Yeongdeungpo police for the purpose of guiding the scene and report it to the police chief. It is a matter that requires a strict review of laws and regulations, so I took as much time as possible and instructed them not to respond until I arrived in Seoul. ]
[Anchor]
It is a very important position because Woo Jong-soo, the head of the National Investigation Division, is now the head of the National Investigation Division. My cell phone was confiscated through a search warrant. Director Woo's statement continues to express his position that he did not actively participate, saying, "If you look at it now, I think it is a matter that requires legal review."
[Reporter]
That's right. So far, that's the situation. The prosecution is speeding up its investigation into the police's alleged arrest. There was this comment today, too. And there is a story that the head of the National Police Agency's investigation planning department told at the general meeting of the Administrative Safety and Security Committee. At that time, it is mentioned that the Defense Security Command asked the police to send investigators and said, "Arrest team."
However, the counterintelligence agency said, "I'm going to the National Assembly, but arrest personnel are coming, and I need guidance personnel because of the confusion on the site," and asked for a list of five people. The National Investigation Headquarters asked for five personnel, but the investigation headquarters decided to send detectives from Yeongdeungpo. That's what I said.
When the police asked if they participated in the arrest group, the detectives who gave the list were not even handcuffed at the time. He stressed that he simply understood and acted as a guide, not with the concept of arrest. It's a similar argument to Director Woo Jong-soo. First of all, the police's position is in that situation.
[Anchor]
You're claiming it was a guide, not an arrest team?
[Kim Sung Hoon]
You'll need to check the objective substantive truth. However, as you said, since the central subject of the current investigation is the police, it seems necessary to objectively reveal the roles and responsibilities they have played in the process.
[Anchor]
What's the difference between the arrest team and the guide team?
[Kim Sung Hoon]
If it becomes clear as a civil war, arrest and guidance are all accomplices. Basically, if you knew the purpose of the national constitution and participated in it, you are an accomplice in the civil war. In principle, if you do not know the purpose of the disturbance and simply know that it is a request for instruction or cooperation, you will not be an accomplice in a civil war. In that regard, if you clearly knew what you planned and what you wanted to do in this case, it would be a problem.
However, two things need to be checked. First, if the purpose of arresting a member of the National Assembly is made clear, basically the police cannot arbitrarily proceed with the arrest of a member of the National Assembly. Since it cannot proceed without a warrant and has never given such super-legal authority anywhere, whether it is a state agency, intelligence agency, or police, it would be a problem if you knew this and sent the police to help it.
Second, if it's not a police arrest, then why do you need a guide? Isn't there a possibility that you don't know the way to the National Assembly? It's not even in a special area. In that regard, it seems necessary to confirm whether the intelligence agent tried to arrest him as a military officer as if there was a criminal problem with the police force.
[Anchor]
We've even looked at the investigation into the arrest team. As attention is focused on when President Yoon will appear at the investigative agency, lawyer Seok Dong-hyun, who is providing legal advice to the president, heard a press conference today. Let's listen to that for a moment.
[Seok Donghyun / Lawyer]
In the National Assembly, it has been less than 10 days since the president's impeachment was voted on by the National Assembly. In that sense, why the Constitutional Court is in such a hurry. May the process proceed with sufficient preparation in its own way, hoping that this important issue will be dealt with faithfully in the impeachment court. There is absolutely no such idea as dragging your feet or avoiding procedures. I think that's the position. In this regard, the process will proceed in the near future. I think that's what you think.
[Reporter]
Is there anything the president wants to say to the people or the media?
[Seok Donghyun / Lawyer]
There may be many, but I think there will be an opportunity to do that according to the procedure and the method.
[Reporter]
Can you say something about attendance?
[Seok Donghyun / Lawyer]
I'm not in a position to tell you about that, so I'll tell you this.
[Reporter]
Regarding the appointment of a lawyer by any chance.
[Seok Donghyun / Lawyer]
In general, lawyers are often told to go to court on the day the proceedings begin while sufficiently talking and preparing with the person who will be a lawyer. In other words, the conversation as a lawyer is not made only when the appointment of a lawyer is made to the court and to any institution. Isn't there any procedure, various judicial procedures, in the process of having a conversation with a lawyer-to-be and doing so? It's a senior citizen's job to make a bet on the same day.
[Reporter]
Regarding the request for attendance at the investigative agency.
[Seok Donghyun / Lawyer]
On that point, please wait until the defense comes out. It's hard for me to say...
[Reporter]
You said the Constitutional Court comes first, but even that part...
[Seok Dong-hyun / Attorney]
The President, after all, this topic is not just a trial for any single accident. In the process of running state affairs to the extent that the president even declared martial law, he had a lot of thoughts and difficulties in the former, and came to the end of emergency martial law. Can't you think that this must have been a lot of anguish as the chief executive of state affairs?
Anyway, the constitution called the constitutional trial and the impeachment court on that part. The nation's top constitutional judges have gone through the process of public debate over this, as it has been, but I think it is necessary for the Constitutional Court to make a judgment on this situation where no president can work if someone continues to wield the club of impeachment in the process of forming the National Assembly every day. To that end, he will faithfully state his position as president. That's what I'm going to do confidently. This is a confined confined space in front of an investigator by some investigative agency.
[Anchor]
You listened to the press conference of lawyer Seok Dong-hyun, who is in charge of legal advice for the president. Reporter Baek Jong-gyu, let's point out the related content.
[Reporter]
Lawyer Seok Dong-hyun, there are quite a lot of things we talked about before what you see. As you can see, President Yoon Suk Yeol said that he thinks the impeachment trial process takes precedence over the investigation. The main public debate stage is the open impeachment court. And the impeachment trial comes first in the face of historical upheaval, rather than investigation. That's what I said.
And during the impeachment trial, the crime of rebellion may be cleared. I also revealed this. Reporters also asked if it's dragging its feet. We need a faithful referee. That's why I said it's not dragging my feet. And since the Constitutional Court is coming, the first hearing preparation date will be held on the 27th.
It's too much progress on this, too. That's what I said. Although it has expressed its willingness to participate in the impeachment trial, it can postpone the investigation by investigative agencies without responding. I think I made these comments.
[Anchor]
The investigation is going fast. The summoning and arrest investigation are being conducted, and of course, the Senior Civil Servant Corruption Investigations Unit notified the summons on the 25th. However, the president's announcement of this position is likely not to comply with the second summons, can I look at it like this?
[Kim Sung Hoon]
In fact, it seems that he was talking about the reason why he would not comply with the second summons. It's frustrating, but to be honest, how big is this crisis in our country from December 3rd to now, and the public pain and confusion caused by it?
If you want to clarify your position, it's not that you can't reveal your position if you receive related documents in the impeachment trial process. I'm going to start the process now. If you say you're going to start, you have to reveal it in detail accordingly. The incumbent president is being investigated for rebellion, and the impeachment of the incumbent president is a very important constitutional crisis in our constitutional structure. So we need a quick judgment on this.
Therefore, under the Criminal Procedure Act, if the defendant is not present, the hearing date is not allowed unless there are special circumstances, but under the Constitutional Court Act, if the party is not present, the trial can be conducted after designating the date once more.
Because it's a constitutional trial to protect the constitution. In that regard, if you are basically responsible for the protection of the constitution, at least in the process, the decision is not immediately made just because the date of judgment is held in the future.
If so, it seems that you can accurately receive it, receive it, and then talk about your arguments in various judgment procedures. In conclusion, the first thing is that several commanders have made statements now, block the National Assembly, bring down the lawmakers, arrest them. If those who received instructions are commanders in key positions in Korea, then what do those who said they gave instructions say there, and does it take a lot of time to prepare for this? In order to resolve this, the judges must have had fundamental concerns about whether it would be right to drag on the constitutional crisis for months to fully guarantee the right to defend the parties.
[Anchor]
The president of Yoon Suk Yeol expressed his position. He expressed his position that the impeachment trial process should take precedence over the investigation. He also expressed his position that he is the president. He has only been suspended, but he is still a president. He said that any investigation is not a matter for the president to respond to in front of an investigative agency. It means that it is not appropriate to attend an investigative agency and be investigated by a suspect while maintaining the status of the incumbent president. Nevertheless, the investigation is still ongoing. It seems that they are also considering issuing an arrest warrant if they do not comply with the second summons notification. Also, the Constitutional Court continues to not receive impeachment documents today. You've decided to admit that you've served it, and you're doing it right away on the 27th, right?
[Kim Sung Hoon]
I'm opening a hearing preparation period. Basically, to briefly explain about delivery, it was originally called delivery service, and when you send a registration, it seems that the service was made only when the recipient confirmed that it was received. The service process is basically this kind of trial process, so be aware of this. That's how we can prepare for the trial, right? This is a procedure made to do that.
We are not receiving the delivery service right now, but if you deliver it to the office workers who have the ability to discriminate against them by supplementary service, it becomes supplementary service. The security service is also refusing to pick it up. However, as I said earlier, the constitutional trial is treated as a very important trial for the protection of the constitution. I'm not constantly being served in that area. I don't know if I'm a lawyer or an advisor yet, but I'm in a foreign press conference, but I don't know at all about the start of the constitutional trial. The Constitutional Court's decision is to proceed with the follow-up procedure on the premise that we have no constitutional knowledge, rather than on the premise that we have no idea.
[Anchor]
Thank you. So far, we've looked into it with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and lawyer Kim Sung-hoon. Thank you for your words today. Thank you.
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