The Senior Civil Servant Corruption Investigations Unit has repeatedly considered executing the arrest warrant for President Yoon...There's a risk of a collision.

2025.01.02. PM 8:25
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■ Host: Anchor Jeong Jin-hyung and anchor Lee Eun-sol
■ Starring: Baek Jong-gyu, social affairs reporter

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 8PM] when quoting.

[Anchor]
There is a possibility of warrant execution today and tomorrow. The Senior Civil Servant Corruption Investigations Unit has not made any moves yet. Let's point out a little more with Baek Jong-kyu, a reporter from the Ministry of Social Affairs. Hello. It's the third day of the arrest warrant for President Yoon, and confusion continues in front of his official residence. What is the situation now?

[Reporter]
On the road in front of the Hannam-dong residence, supporters of the president gathered against the arrest of President Yoon. Even at this time, supporters are still guarding Hannam-dong's official residence. The rally continued to be violent, lying on the road of supporters. Police ordered the dissolution five times, but some supporters fiercely resisted. After ordering the dissolution, the police ordered the dissolution and even forced the dissolution. A task force was deployed to grab and move the supporters' limbs one by one. They also put the forced dissolution into action. In the process, some supporters were arrested. Many supporters gathered about 200m away from the official residence. Groups calling for the impeachment of the president also held a press conference in front of the official residence. Citizens who need to execute an arrest warrant immediately also gathered in front of their official residence. President Yoon Suk Yeol, the leader of the civil war, and his allies have spoken out that they are resisting. The chaotic situation in front of the residence, with less than four days until the arrest warrant is valid, is expected to continue for the time being.

[Anchor]
In the midst of this, President Yoon Suk Yeol said he handed over a letter to supporters in front of his residence on New Year's Day, what was the content?

[Reporter]
The meaning of this letter seems to suggest that it will not cooperate with the execution of the arrest warrant for President Yoon's Senior Civil Servant Corruption Investigations Unit. As a result, concerns about physical collisions are growing. President Yoon delivered an A4 paper message to supporters gathered near his residence yesterday afternoon. "The Republic of Korea is in danger now due to the reaction of the forces of sovereignty and anti-state forces inside and outside the country," he said. "I will fight with you to the end to protect this country." And I mentioned, "I'm watching you struggle through YouTube." This can be interpreted as an announcement that he would disobey the arrest warrant and refuse to comply with the summons investigation by the Senior Civil Servant Corruption Investigations Unit. In fact, it seems that the supporters ordered all the mobilization to gather. When an arrest warrant is executed, there is a growing concern that supporters from both camps, including the Senior Civil Servant Corruption Investigations Unit, the Security Service, and the anti-impeachment rally, will be intertwined. Although his duties have now been suspended, it is pointed out that President Yoon, who maintains his current presidency, has put his supporters as a shield. There are also criticisms that they are inciting supporters to incite physical conflict. There are also criticisms that it is a dangerous idea to recognize only one's supporters as citizens. The Senior Civil Servant Corruption Investigations Unit plans to arrest all those who block the execution of the warrant on charges of "obstruction of official execution."

[Anchor]
The Senior Civil Servant Corruption Investigations Unit has begun full-fledged preparations for the execution of arrest warrants. This news is being reported, so when will the actual execution be carried out?

[Reporter]
It will be executed today in the first place. That's how my voice came out. The sun has set today. And since the supporters are still holding rallies like that in front of the official residence, it will be a little hard today. That's what we're talking about. It has been pointed out that the warrant will be executed quickly in terms of speed and trafficking of the investigation. This issue, the process has been carried out in public.Considering the peculiarity of being an incumbent president, the Senior Civil Servant Corruption Investigations Unit seems to have considered the timing and method of execution. The Senior Civil Servant Corruption Investigations Unit plans to execute the warrant by the 6th, the validity period of the warrant. As it has already entered the third day since the issuance of the warrant, there is a possibility that it will be executed as early as tomorrow. We also sent an official warning in advance that if you block the execution of warrants to the Senior Civil Servant Corruption Investigations Unit and the Security Service, you can be punished for dereliction of duty and obstruction of special public affairs. Oh Dong-woon, head of the Airborne Division, told the media yesterday that locking barricades and iron doors and refusing to comply with the execution of arrest warrants are obstruction of justice. He warned me that if the security agency physically blocked me, I would punish him. The Presidential Security Service is urging the Senior Civil Servant Corruption Investigations Unit to comply with law enforcement, saying that failure to open the official residence constitutes an obstruction of justice. Regarding the execution of the warrant, the head of the Senior Civil Servant Corruption Investigations Unit said, "We will keep our manners." As a result, the possibility of nighttime enforcement seems low. If so, it seems likely that the warrant will be executed tomorrow morning or afternoon. In the execution process, it seems that detailed coordination is being made, such as the division of roles between agencies and countermeasures for each scenario.

[Anchor]
The Joint Investigation Headquarters is weighing the timing of the execution of the arrest warrant. We will continue our conversation after looking at the report of reporter Youngsoo Kim.

[Reporter]
After the New Year's Day, the atmosphere that a warrant for President Yoon Seok-yeol's arrest could be executed drew reporters from the Airborne, causing tension. As the sun went down, he became calm and three days have passed since the arrest warrant deadline. The remaining time is four days, and the cooperation investigation headquarters can't afford to take a moment, but I'm worried about the conflict with the police department. Under the Presidential Security Act, the Ministry of Security can designate security areas, check, search, and access control, but President Yoon mentioned the law and emphasized that the authority will be exercised legally. In order to prevent the first-ever conflict between public authorities, the collaboration is said to be preparing for several possibilities.

[Dongwoon Oh / Senior Civil Servant Crime Investigation Director (last 1) : We have sent an official letter (warning to the police) and are preparing in advance. Anyway, even if there is such opposition, we will take due process. ]

[Reporter]
There is a prospect that it may be difficult to guarantee that you can secure a new disease in just one attempt.As two of the three previous summons notices were designated as holidays, a scenario of attempting to execute a warrant tomorrow (3rd) is discussed. Even if you fail to arrest, you can build up a justification and try again over the weekend, and if successful, you can schedule a two or three investigations over the 48-hour deadline for arrest warrants on weekends with fewer civilian access. It may also be a burden that the rally around the Hannam-dong residence could be more crowded if it goes to the weekend. However, there is still a possibility that it will go over to the weekend as the government keeps the time of execution of the warrant confidential. This is YTN Youngsoo Kim.

[Anchor]
There are many possibilities in the timing right now.Ma will be the first arrest of a sitting president in constitutional history if he goes into execution. How is the enforcement process going?

[Reporter]
The execution of the arrest warrant is expected to be a method in which the prosecutor of the Senior Civil Servant Corruption Investigations Unit presents a warrant to President Yoon and then issues a copy. At this time, the point of the suspect and the right to appoint a lawyer should be notified and given an opportunity to make excuses. You can also use handcuffs if necessary. Considering the fact that he is an incumbent president and the fear of fleeing is virtually slim, he is unlikely to be handcuffed. Usually, you'll be moved by an investigative agency car. However, there is a possibility of using a bodyguard car for security purposes. If President Yoon is arrested, the Senior Civil Servant Corruption Investigations Unit will enter the Senior Civil Servant Corruption Investigations Unit in the 5th building of the Gwacheon Government Complex and will investigate immediately on the same day. It is said that they have prepared more than 100 pages of questionnaires for the newspaper. There seems to be a possibility that President Yoon will exercise his right to reject statements.

[Anchor]
If the arrest warrant is executed as you said and the president of Yoon Suk Yeol is arrested by the Senior Civil Servant Corruption Investigations Unit, how will the next investigation proceed?

[Reporter]
First of all, if President Yoon Suk Yeol is arrested, he will be brought to the Government Gwacheon Government Complex's Senior Civil Servant Corruption Investigations Unit, investigated, and detained at the Seoul Detention Center. It is about 17km away from the presidential residence to the Senior Civil Servant Corruption Investigations Unit. If traffic is blocked, it takes 20 minutes to get there. The Senior Civil Servant Corruption Investigations Unit has set up a separate investigation room by referring to past cases such as former President Park Geun Hye. We are also considering video recording of the investigation process. Once arrested, an arrest warrant must be requested within 48 hours or released if a warrant is not requested, so it is expected that an arrest warrant will be requested after a high-intensity investigation. Many analysts say that if an arrest warrant is executed, it should be viewed as actually going through the procedure of requesting an arrest warrant. The Senior Civil Servant Corruption Investigations Unit is expected to investigate President Yoon not only on the day of his arrest but also the next day. Since he is also an incumbent president, it seems highly likely that he will seek an arrest warrant after conducting as many investigations as possible. The next procedure, like criminal proceedings, will be scheduled by the court for a warrant review. The court's judgment will determine whether to arrest him or not. Attention is also focusing on what reasons will come out following the issuance or dismissal of an arrest warrant. If the execution is not carried out within the expiration date of the arrest warrant, the court is expected to extend the execution of the arrest warrant.

[Anchor]
If you have a 100-page questionnaire prepared and the investigation is over like this, will President Yoon stay in Seoul Detention Center?

[Reporter]
That's right. Once they are brought to the Government Gwacheon Government Complex's Senior Civil Servant Corruption Investigations Unit, they will be detained at the Seoul Detention Center. Earlier, an official from the Senior Civil Servant Corruption Investigations Unit said he will be detained in the Seoul Detention Center if a warrant is executed for President Yoon, who was issued with an arrest warrant on charges of rebellion. Also, if you secure a recruit, you have to have a place to inch. In the case of Inch, it is said that it is an airlift or a police station near the arrest site. Inch means that it is pulled out or pulled out and put in a certain place. If you secure a recruit, you have to have a place to inch, but it's called the Senior Civil Servant Corruption Investigations Unit or a police station near the arrest site. However, it is highly likely to be an airlift. If the arrest is made today and tomorrow, President Yoon Suk Yeol is expected to be held in the Seoul Detention Center after the investigation by the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
The execution of the arrest warrant for the president of Yoon Suk Yeol has begun to count in earnest, but I think there will be a lot of things that the Senior Civil Servant Corruption Investigations Unit will prepare in earnest in this regard. What kind of things are there?

[Reporter]
First of all, the Senior Civil Servant Corruption Investigations Unit is strengthening access to the Gwacheon Government Complex ahead of the execution of President Yoon's arrest warrant. From tomorrow, we have taken measures to allow only those who have registered for the access management system to enter. It also showed restrictions on parking around the building from the 20th of last month. As the execution of the arrest warrant for President Yoon Suk Yeol is imminent, it seems to be strengthening the surrounding control in terms of security. The Senior Civil Servant Corruption Investigations Unit is expected to apply the access control method for the time being even after the 6th, the validity of the arrest warrant.

[Anchor]
President Yoon's position is that the warrant itself is invalid, so what are the main issues?

[Reporter]
On New Year's Day yesterday, Oh Dong-woon, head of the Airborne Division, said, "We will enforce the law strictly but keep manners, so please comply with the Airborne Division." I delivered this message to President Yoon, but he expressed his intention to reject it. At the same time, the Senior Civil Servant Corruption Investigations Unit said it will also consider mobilizing police personnel, including mobile squads, in case the security agency does not cooperate with the execution. Depending on the situation, the Senior Civil Servant Corruption Investigations Unit or the police can arrest employees of the security service as current offenders for obstructing the execution of public affairs. In response, President Yoon's lawyers and Yoon Gap-geun's lawyers protested. In a statement this morning, he said, "If the National Police Agency goes beyond congestion security activities to prevent physical conflicts and executes arrest or search warrants on behalf of the Senior Civil Servant Corruption Investigations Unit, it can be arrested not only by the police but also by any citizen as a current offender for abuse of authority and obstruction of justice." There were also criticisms that the security service or supporters were ordered to physically stop police officials who came out to support the execution of the warrant.

[Anchor]
Now, reporter Baek has summarized what part of Yoon Suk Yeol's presidential side is opposed to and is protesting, and the police's position is considering not to cause any legal problems, he said. Reporter Chung Hyun-woo prepared the related information. I'll look at the report and continue my appearance.

[Reporter]
During the execution of an arrest warrant for Yoon Suk Yeol's president, there is a possibility that the Senior Civil Servant Corruption Investigations Unit will clash with supporters who flocked to the presidential security service and the residence. As such, the Senior Civil Servant Corruption Investigations Unit says it is not impossible to ask the police to support the task force for the execution of the warrant.

[Dongwoon Oh / Senior Civil Servant Crime Investigation Director (last 1) : We hope that it will proceed without much trouble, but we are also cooperating to mobilize police personnel in preparation for such a situation.

[Reporter]
Then, President Yoon protested that it was an offense without legal basis for the Airborne Agency to receive support from the police task force during the execution of the arrest warrant. Lawyer Yoon Kap-geun said the Airborne Division Act does not stipulate the Airborne Division's comprehensive right to command the police and that the execution of warrants goes beyond the task of maintaining public order and policing the police task. He argued that if the police task force goes beyond congestion security activities to prevent physical conflicts and arrests and search warrants on behalf of the Senior Civil Servant Corruption Investigations Unit, it could be arrested by the security service and any citizen as a current offender for abuse of authority and obstruction of justice. In response, the police special team issued a statement and said it was fully aware that there were various opinions regarding the support for the execution of arrest warrants by the Senior Civil Servant Corruption Investigations Unit. In addition, he said he will fully review and consult with the Senior Civil Servant Corruption Investigations Unit so that there will be no illegality problem in the execution of the warrant. As the execution of the arrest warrant by the Senior Civil Servant Corruption Investigations Unit is in the countdown, the police are expected to finally decide whether or not to deploy the task force and its role soon. I'm Jeong Hyeonwoo from YTN.

[Anchor]
The fact that President Yoon Suk Yeol is now setting up defense logic is Articles 110 and 111 of the Criminal Procedure Act, and if you look at the contents of the warrant, isn't it stated to the effect that these two criminal proceedings are excluded? So it's controversial right now, so I think it would be good if you could explain this part.

[Reporter]
An arrest warrant and a search warrant were also issued from the Senior Civil Servant Corruption Investigations Unit and the court to find out where President Yoon is located. The search warrant states that Articles 110 and 111 of the Criminal Procedure Act do not apply. Articles 110 and 111 of the Criminal Procedure Act state that places requiring military secrets or items related to public officials' job secrets cannot be seized or searched without the consent of the person in charge, public offices, or government offices. When investigative agencies raided the presidential office and the safe house earlier, the cause of the presidential office or the security office was the criminal law. However, the phrase in the warrant was exceptionally admitted that the security service could not refuse to search, citing the provisions of the Criminal Procedure Act. The legal basis for the bodyguard to reject the search warrant has disappeared. However, opinions on this are somewhat divided in the legal profession. Some say there is no legal problem with judges issuing warrants at their discretion, considering President Yoon's refusal to summon investigative agencies several times and his refusal to search and seizure through the security office. On the other hand, there is also a position that excluding the law based on the judge's personal judgment is beyond the scope of the judiciary's role.

[Anchor]
As you said, there are various debates in the legal profession about the exceptions. Regarding the related information, I prepared a report by reporter Lee Kyung-guk.

[Reporter]
The search and seizure of the presidential office by the investigative agency has been canceled repeatedly.

[Kim Geun-man / Special Investigation Team on Emergency Security (last month 11th): They refused to go in person, and decided to receive voluntary submissions accordingly. ]

[Reporter]
Articles 110 and 111 of the Criminal Procedure Act are the grounds for the Presidential Security Service to prevent the execution of warrants. It is said that places that are military secrets cannot be confiscated or searched without the consent of the person in charge, and the goods of public officials that are confidential for their duties cannot be confiscated without the consent of the government office. However, the search warrant issued by the judge in charge of warrants at the Seoul Western District Court along with the arrest warrant for President Yoon stated that these provisions do not apply. The security agency's defense logic has become powerless, but the legal community continues to argue about it. First of all, some argue that the court's stipulation of exceptions to the application in the warrant is "excessive judicial law." There is no basis for either the Constitution or the law, and there may be controversy over the validity of the warrant.

[Jang Young-soo / Professor of law at Korea University] Isn't it issued in accordance with the Constitution and laws? But the warrant excludes the validity of the law? It can't happen in the legal system. ]

[Reporter]
On the other hand, there is a counterargument that the search warrant is only for the arrest of President Yoon and that the court only wrote down the principles to prevent possible conflicts, as there is no fear of violating security or official secrets. A judge-turned-lawyer pointed out that the warrant was issued after a legal review and that it could be contested through a later trial, but it is not a matter of validity in the current situation. However, there was no disagreement that it was unusual for such a matter to be stated in the warrant, as it was the first issue in contact with the arrest of an incumbent president. This is YTN Lee Kyung-guk.

[Anchor]
Exclusion of regulations. The president of Yoon Suk Yeol is claiming that this is illegal, right?

[Reporter]
That's right. Yoon Gap-geun, a lawyer for President Yoon, took issue with the search warrant. He claimed that the judge in charge of warrants did not have the authority to judge whether to apply exceptions to the Criminal Procedure Act. They protested that they were not giving judges such authority anywhere in the Criminal Procedure Act. Accordingly, they say the warrant is illegal and invalid, and it is not legal to execute the warrant. At the same time, the Supreme Court insists that a fact-finding investigation should be conducted quickly and that the judge in charge of the warrant should be immediately excluded from his duties and disciplined. It also said that it plans to file an additional dispute trial in this regard. However, the Airborne Division only declared that the phrase was legally taken for granted in the warrant. The judge countered that it could not be considered to have exceeded his authority. An official from the Senior Civil Servant Corruption Investigations Unit explained, "Articles 110 and 111 of the Criminal Procedure Act are related to seizure and are not related to the search of people, so they are not originally applied." The judge once again confirmed that it was not a provision to prevent the search for suspects to be arrested.

[Anchor]
From the perspective of President Yoon Suk Yeol, in addition to Articles 110 and 111 of the Criminal Procedure Act, he seems to be protesting against each procedure of the investigative agency, but basically, the investigation of the Senior Civil Servant Corruption Investigations Unit is illegal.

[Reporter]
That's right. Can the Senior Civil Servant Corruption Investigations Unit investigate the crime of rebellion? I'm taking issue with this first. Basically, they claim that it is illegal for the Senior Civil Servant Corruption Investigations Unit to investigate. According to the Corruption Investigations Unit Act, the targets and crimes that the Corruption Investigations Unit can investigate are specified. However, although the president is the subject of investigation, it is argued that rebellion is not included. With this as a link, he is emphasizing that the summoning of the Senior Civil Servant Corruption Investigations Unit is illegal. At the same time, it does not clarify where to investigate. It also argues that the impeachment trial at the Constitutional Court could deal with more martial law than the investigation by the investigative agency. However, the Senior Civil Servant Corruption Investigations Unit emphasizes that the controversy over investigative rights has already ended with the issuance of warrants by the court. He received a legitimate arrest and search warrant from the court for abuse of authority and rebellion. I emphasized that the discussion on the right to investigate ended with the court's decision.

[Anchor]
The deadline for Yoon Suk Yeol's arrest warrant is January 6. The charges are abuse of authority and rebellion, so please summarize specific crimes.

[Reporter]
President Yoon Suk Yeol is accused of abuse of authority and a rebellion. On December 3rd of last year, when the emergency decree was declared, a riot was held to paralyze the function of an independent constitutional institution, such as sending martial law troops and police to the National Assembly and the NEC. If you look at the decree No. 1, which was announced shortly after President Yoon Suk Yeol declared martial law, it is the first to ban political activities. It is revealed that the National Assembly was blocked and major politicians, including National Assembly Speaker Woo Won-sik, Democratic Party Chairman Lee Jae-myung, and People's Power Representative Han Dong-hoon, were ordered to be arrested. Testimony is pouring out, saying, "Even if you shoot, you can break the door and bring down the lawmakers," or "You can declare the martial law two or three times." In particular, the prosecution's recent indictment of former Defense Minister Kim Yong-hyun and Yeo In-hyeong, commander of the Defense Security Command, reveals the situation of the president's direct involvement.

[Anchor]
In the midst of this, didn't acting Chief Justice Choi Sang-mok appoint two constitutional judges? But the Constitutional Court said it would put new judges directly into the case and proceed with the hearing, right?

[Reporter]
The Constitutional Court emphasized today that "the vacancy of the Constitutional Court is still not resolved." At the same time, he expressed his position that he called for prompt recruitment to restore the nine-judge system. They say they want the constitution to be completed as soon as possible for a quick hearing. Yesterday, the new judges, Jeong Gye-seon and Cho Han-chang, began their terms and became an "eight-member system," but they still did not become the entire nine judges. The new judges will be put into the case immediately and proceed with the hearing. The Constitutional Court will hold a second hearing tomorrow in the case of President Yoon's impeachment trial. He also mentioned that details on detailed fact-finding or requesting the sending of documents will be revealed. He also explained that there was no additional document submitted by President Yoon since the 31st of last month. On the 20th of last month, the Constitutional Court asked President Yoon to submit a response within seven days from the date of service, considering that he served the notice of receipt of the impeachment trial, but it seems that President Yoon still has not submitted the document.

[Anchor]
Let's stop here. So far, I've talked with Baek Jong-kyu, a reporter from the Ministry of Social Affairs. Thank you.



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