[News Now] President Yoon's side appears in preparation for the impeachment hearing...Do you want me to cooperate with the investigation?

■ Host: Kim Sun-young Anchor, Jung Chae-woon Anchor
■ Starring: Attorney Kim Kwang-sam

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

[Anchor]
After a while, the preparation period for the first hearing of the impeachment trial against President Yoon Suk Yeol opens.

[Anchor]
President Yoon's side decided to attend the first day after handing over the appointment to the Constitutional Court. Let's talk with lawyer Kim Kwang-sam about the related content and legal aspects such as the investigation of the Senior Civil Servant Corruption Investigations Unit. Hello,

[Anchor]
I heard that it's the preparation date for the defense, but it'll be held in a little while. What do you mean by the preparation date for the defense?

[Kim Kwang Sam]
First of all, it's the same in a general trial. The Constitutional Court is also required to apply the Criminal Procedure Act. So, before we go into the hearing of the main trial, let's hear from both sides on how to proceed with the trial in the future. And we're going to sort out what evidence we're going to submit from both sides in the future and what the issues are. So, before the main case, it's a preparatory time to listen to each other's opinions for the main trial.

[Anchor]
President Yoon's side kept delaying the appointment of the lawyers and made the announcement at around 8 a.m. today. I decided to attend the hearing preparation period, but what do you think is the reason for the delay to the end?

[Kim Kwang Sam]
First of all, the mainstream prediction was that they would not participate in today's defense preparation period. But I'm sure you've been thinking about a lot of things. The first is today's first hearing preparation date, and if no one of the representatives is present, you can just close it and go straight to the main hearing. Then, we might be pressed for time.

So maybe that's the possibility. So even if I come out today, I think the lawyer was appointed late. You've just paid for the senior representative. So I don't think there will be an opportunity to say that today, and I don't think there's much chance that the issue will be sorted out. So, I think there is a high possibility that the president will come out and say what he wants to say and set another deadline for preparation for his defense.

Because it seems that the president also had no intention of participating today. However, it is highly likely that the decision was made suddenly after judging whether there would be various public opinions or whether it would be a disadvantage if they did not attend. So today, there won't be a lot of things that are not that noticeable, I think.

[Anchor]
First of all, since it starts at 2 o'clock today, we need to see what kind of procedures will proceed and what positions both sides will take, but there is a possibility that they will file a number of witnesses.

[Kim Kwang Sam]
Maybe I can do it today, but I think there's a high possibility that I won't do it today. So, first of all, there is a National Assembly prosecutor who is the prosecutor now on how to proceed with the judgment. Then there are the president and the president's lawyers. Then, first, the prosecution committee must prove the reasons for impeachment regarding the violation of the Constitution and the law.

So I'm going to submit things like how I'm going to give evidence on that. So the National Assembly will submit it. On the other hand, there will be a lot of things to do about what the president will give to refute this, and what data the president will benefit from, and what the witness will be about. It's right to talk about that and argue about it, but it remains to be seen whether we will apply for witnesses today.

[Anchor]
The time of the Constitutional Court is now going as planned, and one of the most important variables in the Constitutional Court's hearing is the number of people. I had a briefing at the Constitutional Court today. Let's listen to the Constitutional Court's briefing on what we're discussing today.

[Anchor]
As you know, there are six people in the Constitutional Court right now. The Constitutional Court has stated this position that six people can do a hearing, but there are some internal disagreements on whether a hearing can lead to a conclusion.

[Kim Kwang Sam]
According to the Constitutional Court Act, it is true that a hearing can be conducted only when there are seven or more people. However, since the clause has been suspended, more than six people can now conduct a hearing. However, it is said that the Constitutional Court is under discussion, but personally, if six people can hold a hearing, they can be sentenced. I think there's a lot of room for that.

But isn't the impeachment trial a very important thing in the history of the Republic of Korea, especially the impeachment trial against the president? No matter how many of the seven or more people stipulated by the law have been suspended, is it right for six people to hear it? And isn't impeachment cited only when there are nine hearings and at least six people in favor of impeachment?

But it's not nine people, but the law is nine people. But six people do it and six people decide. In fact, there may be various controversies over whether it will be an objection to impeachment later. Then, the most important part is that if six people do a hearing and even one of them opposes impeachment, the Constitution must be approved by at least six people to be cited, right?

So the chances of being rejected can be huge compared to nine people. So I don't know what political calculation method the ruling and opposition parties use, but from the president's point of view, he would think that it is highly probabilistic for six people to do this. If one of the conservative judges raises the president's hand, he can actually be rejected and return to the presidency. That's why the ruling and opposition parties are playing a chicken game right now regarding the appointment of a constitutional judge.

[Anchor]
But my question is, if there is a disagreement within the six constitutional judges over whether or not the six can draw a conclusion, will this be decided by vote? How do you make a decision within six people?

[Kim Kwang Sam]
I don't have that. I'm doing a review, but I can't do that.You can't do that. It's not a matter of vote, it's probably going to be adjusted internally. I adjust it, but I personally don't think there is much possibility that it will go as a six-member system, but I don't know how long this will last because Prime Minister Han Deok-soo has expressed his opinion that he will not appoint him.

But actually, it's not right to do it in a six-person system. It does not fit the purpose of the Constitution and does not fit the serious situation of impeachment of the president. It can be seen as a very deformed structure, but then we've talked about it countless times.

But who's responsible for this deformed structure? That's in the National Assembly. Aren't the lawmakers not recommending the three people they should recommend until now, but suddenly, the impeachment is coming in a hurry, so they're trying to recommend it and do this, but as a result, they're fighting each other right now?

[Anchor]
We also have to wait and see how the issue of the appointment of constitutional judges will be. It's the day after tomorrow. On the 29th, the Senior Civil Servant Corruption Investigations Unit sent a request for attendance to President Yoon Suk Yeol. This is the 3rd time, what do you think about the possibility of attending?

[Kim Kwang Sam]
I don't know what the president's position is. But if you look at it now, the majority of people predict that they will not attend on the 29th. But lawyer Seok Dong-hyun said that. He said the impeachment trial comes first. However, does this mean that he will be investigated only after the impeachment trial is over or that he will be investigated after attending the impeachment trial first? It's hard for us to predict what we're thinking about that, but in some cases, the impeachment trial comes first when looking at the overall purpose, which seems to think that they will be investigated after the results of the impeachment trial.

However, we thought we would not participate in the impeachment trial today's hearing preparation period, but we did. It's supposed to be. Then, the impeachment trial comes first in the investigation, so let's talk about what you have to say in the impeachment trial, and then why do you say that the impeachment trial comes first? I want to tell the public what I think, but when we enter the investigation, the investigation is conducted in a closed room.

The opinion can't be conveyed to the outside world. That's why it's read that the impeachment trial will be held first, whether it's a preparatory hearing or an original hearing, so you'll have to see on the 29th to talk about it yourself and then investigate.Ma will be investigated if he says so. Second, I'm going to think a lot about it. If you don't go out on the 29th, there is a high possibility that an arrest warrant will be requested.

[Anchor]
You're saying you're going to get arrested after the third round, right?

[Kim Kwang Sam]
That's possible. We can't just postpone this until the fourth, fifth, or sixth time and just summon it. But the truth is, it remains to be seen whether an arrest warrant will be issued or not, but if it is issued from the president's point of view, it will be a very burdensome situation. So you might think that it would be better to go and investigate yourself and take time rather than an arrest warrant.

[Anchor]
After you go and get investigated on your own, what procedures will you go to the Senior Civil Servant Corruption Investigations Unit?

[Kim Kwang Sam]
But from the president's point of view, there will be a little bit of anxiety. I summoned him on the 29th, but there is a possibility of an emergency arrest while investigating. Then, compared to the arrest warrant, the emergency arrest is an emergency arrest on the spot, so it is actually less burdensome for the Senior Civil Servant Corruption Investigations Unit. But the question is whether the Senior Civil Servant Corruption Investigations Unit has the conditions for an arrest warrant or an emergency arrest.

The conditions here are whether evidence has already been obtained for the crime of rebellion related to arrest or emergency arrest. Or, if the evidence itself is insufficient, it will be difficult to request an arrest warrant or an arrest warrant.

[Anchor]
This is a matter of investigative capacity, but there is a lot of talk in the political world about that, and the Senior Civil Servant Corruption Investigations Unit itself has the capacity to investigate the alleged civil war. And in this situation, I think there is a question of whether all of the evidence has been perfectly prepared to support the grounds if a warrant is filed against President Yoon Suk Yeol.

[Kim Kwang Sam]
That's right. Before the prosecution transferred the investigation into President Yoon and former Minister of Public Administration and Security Lee Sang-min, he said, "If they don't come, I will request an arrest warrant and force an investigation." But now I'm learning that it's a long story. It's not so prepared. Then, if you look at the investigation now, the prosecution is the fastest agency to investigate.

And he has the most recruits. In particular, the prosecution arrested most of the important mission workers in connection with this rebellion. And what the police did was go to the police chief, the two police chiefs of the Seoul Metropolitan Police Agency, and then go to the Senior Civil Servant Corruption Investigations Unit and become an information commander such as Roh Sang-won and Moon Sang-ho. Then these four may actually have no very direct evidence regarding the crime of rebellion.

Then, since the joint investigation headquarters are the Senior Civil Servant Corruption Investigations Unit and the police, the evidence against the president can be very insufficient. Then, the prosecution has the most evidence related to civil war against the president. So the prosecution transferred, but the prosecution did not give evidence documents related to the case. The Senior Civil Servant Corruption Investigations Unit is very inexperienced.

It's not important to get a transfer when we meet that day and have a transfer. The most important thing is to receive evidence documents. Then, on the premise of a transfer, they should have specified that they want some evidence from us, but only the case is transferred. But I got a transfer, but I couldn't do it. Therefore, the Senior Civil Servant Corruption Investigations Unit is now hesitant about any forced investigation into the president.

That's because I'm not confident. I'm not confident when I have evidence. So, looking at the current attitude of the Senior Civil Servant Corruption Investigations Unit, I have a lot of doubts about whether we will just continue with the summons or are ready to arrest no matter how much public opinion tells us to arrest them.

[Anchor]
Even if you are arrested and arrested, there is time pressure. If you have to prosecute in 20 days, isn't the credit for the prosecution eventually going to the prosecution?

[Kim Kwang Sam]
Since it's a very competitive fight for investigation, it's being investigated in a very deformed structure.

[Anchor]
Is it a situation where the efficiency is decreasing?

[Kim Kwang Sam]
That's right. In my opinion, if the prosecution first asked for a joint investigation headquarters, there would be no such problem. But look at it now. While the prosecution was investigating, Lee Sang-min, the former Minister of Public Administration and Security, transferred the right to investigate the president. Then, the Senior Civil Servant Corruption Investigations Unit can't investigate well and finish it and prosecute it.

There is no power to prosecute. Then I have to transfer to the prosecution again. So this is a very unique structure. It's a structure that takes a lot of time. In the end, in my opinion, the prosecution eased the burden of arresting the president by transferring the president. But if the Senior Civil Servant Corruption Investigations Unit arrests the president and transfers him to the prosecution, the prosecution will... I don't know.

I don't know how long the transfer will be, but if you think you can investigate the 20-day period from arrest to prosecution in custody, I think the prosecution has all the evidence with the intention of conducting a supplementary investigation properly. Because if you are prosecuted and have a problem, it is the prosecution's responsibility.

[Anchor]
Finally, I think we should talk about the special prosecutor. The investigation is being carried out in such a division as the prosecution and police, the police, and the Senior Civil Servant Corruption Investigations Unit, and most of the key figures are under arrest, and former Minister Kim Yong-hyun is likely to be indicted today. Some people question what role the special prosecutor will play when the special prosecution begins.

[Kim Kwang Sam]
I've said that on TV countless times. Acting President Han Deok-soo has yet to decide whether to veto the special prosecution or not. But it's probably due until January 1st. I think he didn't reject the special prosecution and just feared it. It takes about 30 days for a special prosecutor to be formed. Already, most of those who have been quite involved in the crime of rebellion, including important mission workers, are arrested.

In my opinion, at least four-fifths of the time is bound. The most important thing is the president and former minister Kim Yong-hyun. Former Minister Kim Yong-hyun is under arrest. If the Senior Civil Servant Corruption Investigations Unit arrests in any form, even if they are not arrested, if they are prosecuted, the special prosecutor will have nothing to do after the 30th.

Then, the police, the prosecution, and the Senior Civil Servant Corruption Investigations Unit will wrap up the investigation, and then the investigation agency has an arrest deadline because they have already been arrested. Aren't you going to prosecute them all then? Then, if you prosecute, where is the power to maintain the indictment? It's in the prosecution. If the special prosecutor investigates and prosecutes, the special prosecutor has the authority to maintain the prosecution, but the prosecution has no choice but to maintain the prosecution.

[Anchor]
So the subject who prosecuted the indictment maintains the indictment?

[Kim Kwang Sam]
That's right. Then what should the special prosecutor do? In my opinion, if the special prosecutor is completed after 30 days and investigated, it becomes a whole body. Perhaps the investigation can only be done one-fifth or one-tenth, the rest of the investigation.

[Anchor]
First of all, President Yoon Suk Yeol's recall investigation, which is key, has been scheduled for the third time the day after tomorrow, and whether President Yoon Suk Yeol will respond this time is likely to be a big variable. So far, I've pointed it out with lawyer Kim Kwang-sam. Thank you.