[Trying to correct the situation] The first time in the constitutional history of the president's arrest warrant has been issued...The ruling and opposition parties' positions are "temperature difference."

■ Host: Kim Sun-young Anchor
■ Starring: Rep. Bok Ki-wang of the Democratic Party of Korea, Kim Geun-sik, former head of the National Power Vision Strategy Office
■ Telephone connection: Lawyer Park Sung-bae

* 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]
Political commentary with a living angle, let's start at the minute. Today, we have Kim Geun-sik, former head of the People's Power Vision Strategy Office, and Bok Ki-wang, a lawmaker of the Democratic Party of Korea. Welcome. For the first time in constitutional history, an arrest warrant for a sitting president was issued this morning. I think many people must have waited for the court hearing, but when the results will come out. It took more than 30 hours.

[Keunsik Kim]
As a court, I think I had no choice but to worry a lot. President Yoon was also talking about this and that he did not have the authority to request a warrant and that he did not have the authority to investigate. Also, isn't it the first time in constitutional history that an arrest warrant for an incumbent president is reviewed? So, it seems that the judge and the court also had a lot of trouble when hearing the court's request for a warrant. Therefore, it is believed that it was issued after a long period of judgment. Since there is another difficulty left in the execution of this part later, I think Korea has become a ridiculous situation where the world's attention is paid to the execution of the arrest warrant following the issuance of the arrest warrant. Rather than avoiding the issuance and execution of such arrest warrants for one reason or another, I would like to ask the President to act confidently like the promise he made in front of the people.

[Anchor]
It is said to be the longest court review, so what criteria can we estimate that it would have been judged by when reviewing for this long?

[Return King]
It was unprecedented and probably difficult to find a case around the world, as it was almost impossible to hold such a trial again in the history of the trial. I think I've uncovered all the parts that could be illegal as much as possible and checked them one by one. In particular, regarding the authority, we continue to raise questions about whether the Senior Civil Servant Corruption Investigations Unit has authority or not, and I think we made a very in-depth judgment on that part. So, from a very conservative standpoint, considering the issuance of a warrant, I think we have finally decided that it is possible to issue a warrant after pointing it out and pointing out various routes. In the process of deciding to issue a warrant, I think the judge has aged about 10 years.

[Anchor]
The fact that it took more than 30 hours means that we've been thinking about it for a long time, so let's call an expert to see what the legal meaning of issuing a warrant means. Lawyer Park Sung-bae is on the phone right now. Hello, lawyer.

[Park Sung-bae]
Hello.

[Anchor]
It is illegal to request a warrant because the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the allegations that the president of Yoon Suk Yeol continues to make civil war. I have argued like this, but the court's issuance of a warrant, what meaning should this be interpreted?

[Park Sung-bae]
First of all, the authority to investigate abuse of authority clearly exists in the Senior Civil Servant Corruption Investigations Unit. However, it was important whether it was possible to investigate the crime of rebellion by including it in related cases based on the right to investigate abuse of authority, and President Yoon has argued that he has no authority to investigate the crime of rebellion through such an inclusion process. Perhaps the judge in charge of the warrant who issued the arrest warrant seems to have considered a lot, but he seems to have concluded that the Senior Civil Servant Corruption Investigations Unit can also investigate rebellion by taking it into the scope of the relevant case. In fact, this problem is a common problem not only for the Senior Civil Servant Corruption Investigations Unit but also for the prosecution. The prosecution can also investigate abuse of authority, but there have been disputes in many ways over whether it can investigate rebellion as a related case.

However, the prosecution does not clearly judge that the court can investigate the rebellion in the case while issuing a warrant in the case of former Defense Minister Kim Yong-hyun, who first requested an arrest warrant in connection with the case, and the prosecution has the authority to investigate the police airlift, so a police official is among those involved in the case. If so, it came to the conclusion that it was possible to investigate former Defense Minister Kim Yong-hyun in the related case, but it seems that the court explicitly decided that it could investigate rebellion in related cases based on the authority to investigate the abuse of authority of the Senior Civil Servant Corruption Investigations Unit. However, the court issued the warrant as it was when the Senior Civil Servant Corruption Investigations Unit requested an arrest warrant for Moon Sang-ho, the commander of information.

This also seems to be based on the fact that the investigation of the crime of rebellion can be conducted as a basis for investigating the crime of rebellion, and that the crime of rebellion was also included as a related case, but the fact that President Yoon issued the arrest warrant despite explicitly mentioning the issue can be said to have come to the conclusion that the Senior Civil Servant Corruption Investigations Unit can investigate the crime of rebellion by accepting the crime of rebellion in related cases based on the right to investigate the abuse of authority.

[Anchor]
I think we should also point out the meaning of hiding in the issuance of this warrant, but the court has admitted to some extent that it has committed civil war, can it be interpreted like this?

[Park Sung-bae]
The issuance of an arrest warrant in this case is the head of the rebellion and the obstruction of the exercise of the right to abuse authority. The reason for issuing an arrest warrant is issued when the criminal charge is clarified to some extent and yet the suspect refuses to attend even though he or she has requested to attend. It can be judged that the explanation of the head of the rebellion has been made to some extent, but there is a difference in the degree of proof at the time of issuing an arrest warrant or arrest warrant and at the time of the court's judgment through the process of arguing with each other in the main criminal trial.

At the stage of issuing an arrest warrant or issuing an arrest warrant, an arrest warrant can be issued as long as the accused's active defense is set aside and the investigative agency decides that the criminal charges have been partially cleared. Even so, President Yoon has not presented various protests in earnest so far, but in light of the data and claims collected by the investigative agency, it can be said that such charges of the head of the rebellion have reached an acceptable stage.

[Anchor]
Attention is now being paid to whether to start the arrest process immediately or how the security agency will respond if it does, but now the Senior Civil Servant Corruption Investigations Unit is guilty of obstructing the execution of public affairs, if the security agency prevents it as a group. How do you see that part when you're claiming it like this?

[Park Sung-bae]
Usually, when an investigative agency obtains an arrest warrant, it begins executing the arrest warrant as soon as it finds out the location of the suspect. However, it is difficult to find the location of the suspect in this case.Rather, the possibility of physical conflict is expected when the arrest warrant is executed. Perhaps from the point of view of the Senior Civil Servant Corruption Investigations Unit, which lacks experience, has no choice but to ask the police for career support, and as long as a collaborative copy is already formed, a number of police are expected to be mobilized in the execution of arrest warrants.

Unlike search and seizure warrants, arrest warrants do not have a legal basis for refusing to execute warrants on the grounds of official or military secrecy. If the security agency blocks the execution of arrest warrants beyond a certain level of security, this is an obstruction of the execution of public affairs. If many members of the security agency are involved in obstructing the execution of public affairs, they are expected to face up to seven years and six months in prison, which adds up to one-half of the criminal sentence, including five years in prison or less. If an official of the Airborne Division or a police official who executes an arrest warrant is injured in the process, that is, if they are injured, they are likely to face more than three years in prison. In the process of executing the
arrest warrant, the security service personnel may be arrested on the spot and eventually found President Yoon to execute the arrest warrant.

[Anchor]
Lawyer, to the end. Now, if the arrest is made, do you think the next procedure will be to claim a warrant right away if the recruit is secured? What do you think?

[Park Sung-bae]
When an arrest warrant is executed, it is common to investigate as a suspect and release him. However, in this case, even if an arrest warrant is executed and an investigation into President Yoon is conducted, it is quite likely that an arrest warrant will be requested within 48 hours of the execution of the warrant rather than immediately releasing it. The reason for this is that, first, since the case itself is feared to be sentenced to heavy sentence during the court sentence, there is a fear of escape and President Yoon's attitude toward the investigation so far, that is, his refusal to submit a request for attendance, is quite high. Moreover, many people are arrested, and in light of the contents of the public conversation, there is a high possibility that they will talk to those involved, that is, the destruction of evidence. If an arrest warrant is executed, it is highly likely that the Senior Civil Servant Corruption Investigations Unit will also have an arrest warrant in mind from the beginning.

[Anchor]
I pointed out major legal issues with lawyer Park Sung-bae. Thank you for the call today.

[Park Sung-bae]
Thank you.


[Anchor]
How the security service will come out, when the arrest warrant will be executed, and this will happen within a few days. Some say that there is a possibility that the Senior Civil Servant Corruption Investigations Unit will not execute it right away and still request another summons.

[Keunsik Kim]
I think that's the right thing to do. Anyway, his job has been suspended, but his status is that of the incumbent president. So the issuance of an arrest warrant is an extraordinary and extraordinary event.Ma believes that it is necessary to at least honor the execution process. And as I said earlier, if President Yoon Suk Yeol has already reached that point, and if he said he would confidently participate in the investigation and the trial, there is no reason to refuse to comply with the summons, right? To match your own words and actions. That's why I think the Airborne Service has a warrant issued, but once or twice. . . . doesn't that mean there's still a seven-day warrant execution period? Then, first, ask the president to appear again. Wouldn't it be different in weight to request an appearance after obtaining an arrest warrant? So, I think it is right to make a public request to request an appearance with respect to the president first, and the president should also appear then.

What would that look like if the security service blocks the execution of the warrant and a physical fight is mixed with the people who support and oppose impeachment? So for me, the position of president is a symbol of the rule of law, right? And when the president takes office, he's saying that he complies with the Constitution under oath. Then, considering the president's own role, which is the most important of the law, I think it is right for the president to respond to his appearance before executing an arrest warrant.

[Anchor]
The ruling and opposition parties were divided today, and we will listen to the contents when the recording is ready. Do you think there is a possibility that it will come out if the president of Yoon Suk Yeol subpoenas additionally? From what I've shown so far, I don't think I'll go to the Senior Civil Servant Corruption Investigations Unit and get investigated. How do you see it?

[Return King]
After the arrest warrant was issued, lawyer Yoon Gap-geun has already announced his position that this process is illegal, so it is invalid and he does not respond. That is why it is impossible to voluntarily respond to the investigation on its own, making it inevitable to make this judgment. And the Senior Civil Servant Corruption Investigations Unit has already notified the summons the last three times and is not responding to this, so isn't it going through a compulsory recruitment process?

However, since they refute the issuance of this warrant as illegal, the summons to voluntarily comply is no longer meaningful, and if they say they have issued another summons, they will face criticism as to what they did with the arrest warrant. So, aren't the employees at the hangout or security service also public servants to ease the concerns of our people? If they are punished by the wrong order, I think it would be right for Yoon Suk Yeol to respond to the investigation on his own to eliminate this case. [Anchor] The ruling and opposition parties were also divided over the issuance of the warrant today. Let's listen to the ruling and opposition parties.

[Anchor]
First of all, the ruling party has no fear of destroying evidence or fleeing. I made this position, saying, "Isn't it an excessive measure?"

[Keunsik Kim]
Lawyer Park explained the arrest warrant well earlier.As a suspect, Ma needs to investigate the criminal charges, so didn't he notify the summons a few times? So I requested an arrest warrant because I asked for attendance three times and there was no response to the request, so I applied for an arrest warrant, and the court accepted this arrest warrant. But as you said, the arrest warrant, which is the reason for arrest, is another dimension. Once an arrest warrant is issued, criminal charges have been clarified in the process of recruiting and investigating. And wouldn't an arrest warrant be issued only when there is a fear of destroying evidence and fleeing?

But as floor leader Kwon Sung-dong said earlier, where else would the incumbent president run away? And I don't know about the destruction of evidence. I don't know if the destruction of evidence is a kiss.Anyway, unlike the arrest warrant, I think issuing an arrest warrant in the court is another level even if an arrest warrant is requested after the investigation after the arrest is secured this time. Once arrested, investigated, and a certain amount of investigation into allegations of rebellion is carried out, I wonder if I will even go to the situation of arresting the incumbent president, and I think it is right to keep what I said because the president said that he would accept all of these in accordance with due process and respond to the investigation with confidence.

[Return King]
The most difficult thing about the current situation is what will happen to the country. What concerns this country is is to eliminate uncertainty, as it has yet to appoint a constitutional judge among various measures to eliminate uncertainty, and the public has doubts about whether each state agency is functioning properly. However, arresting President Yoon Suk Yeol now can be a major means of removing some uncertainty because the system is working. Then, we can relieve a lot of people's worries.

[Anchor]
There is a tension in front of Hannam-dong's official residence. Since the Senior Civil Servant Corruption Investigations Unit has been issued a warrant, we will see if it will be executed immediately or whether it will request a summons once again. In the midst of this, former Minister Kim Yong-hyun has recently continued to express a strong position on the investigation, but he has filed a complaint against former representative Han Dong-hoon, representative Lee Jae-myung, and lawmaker Park Joo-min. I heard you accused me of violating the decree, what does this mean?

[Return King]
They're crazy people. Martial law itself is said to be unconstitutional and illegal in both substance and procedure, and to file a complaint for violating the included decree is to make the people wear their clothes and not to be done by normal thinkers. I think all the people will laugh. However, on the premise that their martial law was justified and legal, this decree also works and works, so the ban on political activities was included in the decree, but it is a violation of the martial law law for political activities. This is how you approach it. It's really a cow's joke.

[Anchor]
As for former representative Han Dong-hoon, he expressed that he broke into the plenary session without permission, but as everyone knows, lawmaker Park Joo-min let former representative Han Dong-hoon into the plenary session because he thought it would be dangerous at the time, and this is how it is known. Representative Park Joo-min said this in an interview this morning. Let's listen to it. In fact, many people have never heard of the alleged violation of the decree, so I don't know the punishment regulations. In what sense do you think you made this accusation?

[Keunsik Kim]
So, isn't it Kim Yong-hyun's lawyer who accused Representative Park Joo-min, former Representative Han Dong-hoon, and Representative Lee Jae-myung of violating the decree? So I don't know if that's former Minister Kim Yong-hyun's intention or if the lawyers are really trying to make an illusion. I don't know. As far as I know, the lawyers were the ones who defended Pastor Jeon Kwang-hoon, right? They are people of a personal disposition who have a definite idea about rigged elections.

[Anchor]
Looking at the contents, I think former CEO Han Dong-hoon is the purpose.

[Keunsik Kim]
I think so, too. So I think he's probably going to accuse him to use it as a subject for a political offensive. Rep. Bok said earlier that it's not possible. There is a party opinion that the power of our people is against impeachment.Ma said that no one in the power of the people has ever said that martial law is unconstitutional or illegal. However, as you said earlier, it is absurd that former Minister Kim Yong-hyun's lawyer will accuse him of violating the decree issued by martial law. In that case, when the president said he would declare martial law on TV at 10 o'clock, I posted to lift it within an hour that I was absolutely against Facebook. So should we all be arrested for violating the decree? I think he did something that didn't make sense in the 21st century.

[Anchor]
Anyway, CEO Han Dong-hoon, who was accused of breaking into the plenary session without permission, has not yet expressed his position on this part, so we will deliver it as soon as it comes out. You said a little while ago that stabilizing the state of affairs is important, but you are now an acting agent. The acting chief. Many people are paying attention to the Cabinet meeting this afternoon. What decision will be made on the
special prosecutor bill. How do you view the Democratic Party? I'm looking forward to it, but I don't think it'll be easy.

[Anchor]
Do you think you're going to use your veto power?

[Return King]
If nothing is done after a certain period of time, the law will automatically take effect, so I think I have no choice but to veto this special prosecution law if I think I have to put on a brake. But the veto is an expression of a very active event. It's because of that in the case of Prime Minister Han Deok-soo last time. He was impeached because he judged that it was wrong not to appoint a constitutional judge and not to recommend a recommended member in the permanent special prosecution. In the case of acting Choi Sang-mok, I would like you to make a more wise judgment.


If you veto the special prosecution law at least basically, don't you think it will be with the appointment of three constitutional judges? Politically, shouldn't you embrace the part of the people's power, and the public think that the Supreme Court and Constitutional Lawyers should also be appointed as judges? If I accept both of these, I hope that I will be able to run the country until the next presidential election under the acting president Choi.

[Anchor]
So, what you're saying is that if we appoint three constitutional judges, the Democratic Party of Korea will not take out the impeachment card even if we use the veto power today, can we interpret it like this?

[Return King]
I think it would be too much to do that. However, it seems that the three judges of the Constitutional Court must be appointed.

[Anchor]
So, from the Democratic Party's point of view, the appointment of a constitutional judge is more important, can it be seen like this?

[Keunsik Kim]
Regarding the veto, isn't there any controversial provisions on the Special Prosecutor Act even if the party's position and the floor leaders' position exercise the veto this time and go to a re-vote? Whether it violates the separation of powers or is unconstitutional. It has stated that it is willing to negotiate on such things as the subject of the investigation is too broad. So, personally, for the government to stabilize quickly and for the system to work, acting president Choi Sang-mok probably vetoed the special prosecution today after deliberation, and instead, representative Lee Jae-myung has already proposed something last time, right? There is a parliamentary consultative body on state stability between the ruling and opposition parties. Then, I think that the ruling and opposition party's government stability consultative body, which was actively proposed by representative Lee Jae-myung, will be operated next week, and Kwon Young-se, representative Lee Jae-myung, and chairman Woo Won-sik will negotiate again what can be agreed upon by the ruling and opposition parties on the special prosecution law.

Because the investigation is proceeding quickly in relation to the civil war. So I think it would be good to deal with the Special Prosecutor Act like that. Personally, the appointment of a constitutional judge will take a long time for acting Supreme Court justice.Shouldn't the Constitutional Court now hear the impeachment of the president and the impeachment of Prime Minister Han Deok-soo? We also have to hear the trial for a power dispute. Then, no matter how the whole system is concluded, the people's power or the Democratic Party will be given legitimacy that the people can understand.

[Anchor]
Do you think you're going to be appointed today?

[Keunsik Kim]
Today's appointment. Because there's no fixed deadline. However, since there is a fixed deadline for the two special prosecutors, I think the appointment of a constitutional judge is also possible for both the ruling and opposition parties, and I think politics will work again.

[Anchor]
However, in an interview with the media, there is a view that Choi Sang-mok raises the question of whether to exercise the right to appoint by saying that the acting president has very limited authority. What do you think of that?

[Keunsik Kim]
So I think I'll probably have a lot of worries. Since there is a deadline for veto power, the ruling and opposition parties can negotiate again so that politics can work, but it is right to organize the appointment of constitutional judges with nine people rather than six, and nine people rather than six people want to cite impeachment.
That's why for the normal role of the Constitutional Court, it's a nine-member system. Even acting Choi Sang-mok concludes like that after thinking about it, the Democratic Party will no longer impeach him by pushing the numbers.

[Return King]
I thought there might be a misunderstanding about what I said earlier. It doesn't mean you accept the veto of the independent counsel law, but what's more important is the appointment of three constitutional judges. My personal speculation is that the Democratic Party will not bring up the impeachment card again if it uses the veto of the independent counsel law to reduce the confusion and appoints constitutional judges at the same time.

[Anchor]
You're saying it very carefully. Anyway, to summarize, it's a very burdensome part of the Democratic Party of Korea to continue impeachment even though there is a national disaster. Can I interpret it like this?

[Return King]
That's the way most of the atmosphere is, the atmosphere I'm reading.

[Anchor]
I see. Let's wait for this at the Cabinet meeting to see what decisions will be made today. So far, Kim Geun-sik, former head of the People's Power Vision Strategy Office, and Bok Ki-wang of the Democratic Party of Korea. Thank you.