尹 Regarding the legality of the arrest warrant, "Isn't it legalism" VS "Truth-finding profit sentence"

Yoongi-chan
- 尹's attempt to execute arrest is expected tomorrow afternoon
- President has privilege to remove fluoride..Excluding the Criminal Law triggers a decisive controversy
- The contents of the 尹 arrest warrant, a description beyond the scope of interpretation

Seol Ju-wan
- 尹's arrest will be carried out on weekdays to prevent injuries
- Criminal Law related part, profit sentence..Decisive impact such as failure to search and seizure

◆ [YTN Radio SHINYUL's news]
■ Broadcasting: FM 94.5 (17:00-19:00)
■ Broadcast Date: January 2, 2025 (Thursday)
■ Proceedings: Shin Yul, Professor of Political Science and Diplomacy at Myongji University
■ Lawyer Yoon Ki-chan, Lawyer Seol Ju-wan

- If the 尹 arrest warrant is illegal, the issue that can be addressed on the court's main agenda

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◆Shinryul: Let's start the fourth part of the news battle of Shinryul on YTN Radio, which is being sent to you for the first time in 2025. Today's fourth part is Justice League. I will think fiercely about the legal justice of our society with two lawyers. There are two lawyers here. Let's introduce them one by one. First, Yoon Ki-chan is a lawyer.

◇Yoon Ki-chan: Hello.

◆ Shin Yul: And this is lawyer Seol Joo-wan.

◈Seol Ju-wan: Hello.

◆Fastness: Welcome. I sometimes watch that on the show. I think it's already dark. You're curious what I'm looking at, right? We are watching a live video of the presidential residence of Yoon Suk Yeol in Hannam-dong. A lot of people are gathered now, and the police are blocking it, so in other words, there are a lot of comments saying that the execution of the arrest warrant will be done today. Lawyer Yoon, do you think you will do it today?

◇Yoon Ki-chan: I don't think we're going to do it today. It's sunset now.

◆Shin Yul: But you can do it at night.

◇Yoon Ki-chan: So the principle is that you can't do it after sunset and before sunrise, but it's possible if the judge writes in the warrant that you can do it after sunset and before sunrise. That's why this judge must have written it down. It's possible, but in my view, it was difficult to do it even during the day from the standpoint of the warrant enforcement agency. It's gotten a lot more difficult at night. the environment of execution It's a situation where people are a bit angry and it's a dark situation. I'm driving a car, so I personally think I'll do it during the day. If so, it passed today and I expect it about tomorrow. The enforcement attempt will be made tomorrow.

◆ Shin Yul: What do you think, lawyer Seol?

◈Seol Ju-wan: There were a lot of people saying that it would be on January 3rd. Basically, the reason is that there might be a lot of people on weekends, and it's a weekday, and I think it's necessary to prevent injuries when there are a few people, so I think I'll probably execute it tomorrow. I think it will be executed on Friday. But for me, the president said confidently that the supporters who are suffering in this cold are not really going to use them as their shields. Wouldn't it be better for me to come out confidently if you said that you can do it because it's not a crime of rebellion, but of course, it's the authority of the president? I'm going to use some supporters to shield this. I really hope that we don't do that kind of politics.

◆ Shin Yul: You even sent me a letter yesterday saying you were having a hard time in the cold. How do you see it?

◇Yoon Ki-chan: I don't think it's right to say that we will fight until the end, but from the president's point of view, there are issues that are raised. So, for now, not responding to the summons to the investigation is a little criticized from a national point of view. But what the president is raising now is whether the Senior Civil Servant Corruption Investigations Unit has the right to investigate. Wasn't it supposed to be a crime of rebellion or something like that in the political world? Only the police have it when it comes to the crime of rebellion by the Democratic Party. However, the logic that it is possible because the prosecution recognized the crime of rebellion while investigating the abuse of authority against former Minister Kim Yong-hyun and others can be like that. Because they have the right to investigate crimes of abuse of authority. But the Senior Civil Servant Corruption Investigations Unit. That's possible, but the president actually has the privilege of fluoridation. So, I can't investigate the crime of abuse of authority, but I recognized the crime of rebellion while investigating it, so it's possible. This logic is a little difficult. Second, should the fact that it was the Western District Court that requested the warrant also have done so? The question is whether the controversy should have been triggered like that, and it should have been done to the Central District Court. Nevertheless, if you went to the Western District Court, there should be no problem with the contents of the warrant issued, but the judge said that Articles 110 and 111 of the Criminal Procedure Act do not apply, which sparked a decisive controversy over whether you have the right to do so. That's why some argue that the warrant itself is invalid, but even if it's not invalid, there's a question from the legal community about whether the relevant part is partially invalid. So, if there was nothing wrong with the warrant request procedure and the issuance process related to this warrant, the president would have been embarrassed to make such criticism as the lawyer said. However, the contents of the warrant itself are described beyond the scope of interpretation. This is a person who interprets the law himself, but it resulted in making the law. Or the constitutional judges played a role, and wouldn't this be a bit problematic? So, in my opinion, it is right for the head of the Senior Civil Servant Corruption Investigations Unit to return and re-claim the warrant, not to execute it. Personally, if you try to clear the controversy completely, but if you just try to execute the warrant now, I don't know. Rather, I think the president gave an excuse to refuse to comply with this.

◆ Shin Yul: Do you agree?

◈Seol Ju-wan: No. So if you tell me that some arrest warrant is wrong. There is a procedure called arrest suitability. So, after you are arrested, why don't you judge again if the warrant is invalid through the legality process? If so, of course, there is a procedure called arrest suitability and there is another objection procedure, but this is invalid only outside the office. Anyway, of course, there can be a power dispute. In my opinion, there is a high probability of becoming His Excellency, but in that regard, it is not right to go to an off-the-shelf public opinion contest. And I think the criminal procedure law related to Articles 110 and 111 was sentenced to profit. When two regulations collide, the judge seems to have decided that this is the discovery of the truth of reality, that is, the search for the president, arrest him, and know the truth of this case. So, I believe that the security of a certain security guard against the president was sentenced to profit in terms of the nature of a certain security guard and the identification of a certain substance truth, and I think it was pointed out. Why did you do it? All three raids by police have been rejected in this way. That's why I said, "Oh, I should make it clear this time." And of course, I saw that I did. Of course, I think such criticism is possible. You can say that the judge is too much of an authority, but I think that the part that was not raided by the Presidential Security Service for the same reason has had a decisive impact.

◇Yoon Ki-chan: But we're not sure about this. Well, it's beyond the scope of a profit sentence. What I mean is that a judge can't do something that's not in the law. Whether it is justified or not, so no matter how legitimate the purpose itself is, it must be based on the law and the means must be justified. No, just because the judge has some authority, I'll just issue an arrest warrant, so I'll do this, so you can consider the next procedure. This is not the rule of law. So what the judge did now is that it happened before. Previously, special prosecutor Park Young-soo and others conducted the same search and seizure at the Blue House in 2017, but all were disapproved. I didn't approve it. So, what I did to the court at that time was that I asked the court to cancel the disapproval disposition, and I even disposed of it. However, what the court said was that there is no such form of lawsuit in Korea because it is not a revocation of disapproval itself, but a form of a lawsuit to approve it. It should be made into legislation. That's when we've already concluded everything. The court also knew that it was something the judge could not do about this. But now that the judge has done so, no matter how urgent and serious the crime is, should I do so? I'm not sure about this. Regardless of the gravity of the charges against the president, there is a way for the judge to keep them. There's a law. When we look at the work of judges, we say that they are judged by conscience according to the Constitution and laws, but their conscience cannot go beyond the Constitution and laws. I think this is a basic issue that we should not disagree with even among lawyers, and finally, it's also in the book, Court Practice, which we see by court judges. These are also all the contents that Justice Roh Tae-ak of the Presidential Criminal Procedure Act supervised. But of course, it's good to criticize and criticize the president for a different purpose, but I don't know if the president's criminal charges are serious and he needs to achieve a certain goal as soon as possible. I think there's a problem with this.

◆ Shin-ryul: But the question I'm curious about is that many people are actually raising questions like this right now. The warrant was executed in this state. But then, you mentioned earlier that you will go through the process of transferring your position, but isn't there a possibility that this will favor President Yoon at the time?

◈Seol Ju-wan: So for example.

◆Credits: If that happens, you won't be able to get a warrant again.

◈ Seol Ju-wan: No, it's a warrant. Let's play it again. I can get everything. But isn't that a good thing for the president? Rather, this illegal search and seizure is, for example, evidence of illegal possession. We can go to the original trial later. And this is a really wrong arrest. He was arrested on an invalid warrant. Isn't this illegal so we can argue on the court's original bill? But why do I talk about that outside the office?

◇Yoon Ki-chan: No, let's think about this as a general public. Aside from the president's status and evaluation of the president's actions, can we say that about the general public? Then it's too problematic. The judge issued a very illegal warrant for ordinary people. First of all, according to the interpretation, they issued a very illegal warrant, but it's okay with you. Go and check it out from your legitimacy. I don't think this is the rule of law. So the investigative agency has to compete in this part. First of all, if there is a problem with the warrant issued by this court, I will not execute it to the investigative agency and request a warrant again to fix it. It's right to compete on your own like this. I don't know because he's the president and what kind of charges the president receives. He interprets it differently. To be honest, there is a system called arrest suitability for this arrest warrant, and I think the president has filed an objection. If it is clear that this is not legal proceedings for the purpose of suspending the execution, then I think the investigative agency should correct this on its own. I don't know what the judge intended now, but this is the purpose. I think you thought the purpose was to search for seizure and to search for arrest and to be different. But the criminal law doesn't look at it differently. That's why I have a rough idea of what the judge intended, but I think his conscience has exceeded the Constitution and the law. So this part is clearly wrong.

◆ Shin Yul: I think like this. But what is it about doing this to the Constitutional Court, a power dispute, or such a power dispute? I think you did this for the provisional injunction.

◈ Seol Ju-wan: No, I...

◆ Shinryul: No, wait a minute. Can I just execute it even if it's not decided?

◈ Seol Ju-wan: It doesn't matter. It's just that, but if the provisional injunction is cited, the effect will of course be suspended, but I don't think it's the subject of a power dispute. I think I will be Your Excellency.

◇Yoon Ki-chan: I think I'm wrong again on the power dispute, and I think I should have made a provisional injunction by filing a constitutional petition if I originally did it. The power dispute violated the president's authority. I think you've constructed this kind of logic, but it's hard for me to accept it legally. Originally, the act of issuing a warrant or the judge's disposition itself violated my basic rights, so in fact, there is no provisional disposition recognized by the court while filing a constitutional petition, but the court recognizes it. It is right to admit the provisional disposition to suspend its effectiveness. You must have done so for some reason anyway to claim it like that. But today, I just saw that the president filed an objection with the court. The court that issued the warrant, so how that court's objection will come out again.

◆ Shin Yul: It has nothing to do with the execution of the arrest warrant, right?

◇Yoon Ki-chan: So if you filed an objection, if you look at the execution of the arrest warrant, it's until the 6th. So, the result of the objection may actually come out between the 1st and 2nd, so is there a need to execute it today and tomorrow? Because even if it is executed, it will not be smooth because there are various controversies. You will try to execute it, but it is not easy to achieve its execution intention. Rather, the purpose of the execution of this arrest warrant is to summon it, and the purpose of the summons is to investigate, so if the investigation is mature enough to arrest and issue an arrest warrant, you can search for the warrant as it is. There is also a view that there is no need to execute such controversial warrants for many people through this kind of means.

◆ Shin Yul: To be in that court means to be in the Western District Court, right? It's in the Western District Court right now, but the president's office said, "You have to go to the Central District Court, why did you apply for a warrant in the Western District Court?" Isn't it this?

◈ Seol Ju-wan: You're talking about conspiracy theories with that, but I don't think so to get a good warrant, you're connecting with the constitutional judges and doing it to the Western District Court. So, the airlift may have been a little lacking. I think it would have been better if I had done it in the Central District Court.Ma said, "Whether I go to the Seoul Central District Court or the Western District Court, I don't think there would have been any big problems, and I don't think there would have been any problems getting issued. And you can't say that this is illegal at all. Of course, I applied in consideration of the jurisdiction of the case and the address of a suspect, so I couldn't say that it was 100% illegal, so the issuance itself was already cured of such defects. I think so.

◆ Shin Yul: But why do you think he did it in the Western District Court? Is it because Yongsan has jurisdiction over the Western District Court?

◇Yoon Ki-chan: One reason was actually to get a warrant. Because the Senior Civil Servant Corruption Investigations Unit has filed a warrant with the Central District Court all along. I haven't received any orders. However, the only thing I got was the former commander Moon Sang-ho, in the case of the military court. Because they have jurisdiction, they would have decided that this could be dangerous based on the criteria for issuing the warrant to the Central District Court. So I went to the Western District Court, and as you said, I suspected that I did it because there were people like Jeong Gye-seon, the head of the Western District Court, and Ma Eun-hyuk, the head of the department, but it wasn't because I raised a certain question, but it was issued that the question was actually not false. As we said, the issuance warrant states that this is legally possible. If so, some people put such a statement even though the Senior Civil Servant Corruption Investigations Unit didn't ask for it. There's also a report like this. Isn't that impossible? Therefore, such content raised by some resulted in amplifying the suspicion. So, I personally think that I have to return the warrant and proceed with the procedure after healing the defect. Later, there will be no invalidation or cancellation in the middle of the follow-up process. The collected evidence will lose the ability to prove or there will be no such procedure.

◆ Shin Yul: But how do you see it? What do you think the security service will be if the warrant is executed now?

◈ Seol Ju-wan: I think it's right to respond passively. So what the security agency wants to do now is to protect the president's personal safety. I'm not restraining you right now. Rather, wouldn't it be safe if you were arrested? If you go to a detention center, you will be detained by a state agency even if you are arrested. Then you'll be safe. But why is it not so different in the essence that the security agency should just protect the president's safety? I don't think there's much difference between one state agency and another state agency, but I don't think there's much difference, so what's the security agency doing? The law doesn't work at all. The president is just a crime of rebellion, and why is it especially about rebellion? If that's the case, I think it's right for the security to just hand over the president safely this time.

◆ Shin Yul: How do you think it'll come out?

◇Yoon Ki-chan: I'm probably in security. For example.

◆Excellence: Doing it by experience doesn't mean you're going to stop it in the end.

◇ Yoon Ki-chan: I think so. Because, as the lawyer said, if there is no problem with the stage of issuing this warrant or the content itself, such logic is possible. But now, there may be a view that this is an illegal warrant and an illegal arrest. If so, it may be judged that this is not a legitimate execution of official duties. If so, it can be judged that protecting the security is a legitimate execution of public affairs, and this is now said that all warrants raised by the judge are valid in accordance with these criminal law issues. But the problem is that there is a separate law on the protection of military facilities. According to the Military Facility Protection Act, of course, there are people who raise objections to the scope, but when someone enters the official residence designated as a military protection facility, they must obtain permission from the commander of the unit. If you enter without permission, you will be subject to punishment. That's why it's a legitimate execution of public affairs. This is also a legitimate execution of public affairs, but on the other hand, there is a problem with the warrant itself, so it may be an illegal execution of public affairs. That's why we have different perspectives. That's why, for example, there's no controversy, and this logic doesn't apply now, saying, "You guys who block legitimate execution of official duties don't have the authority." So, it is right to dispel these controversies for each other and then proceed and promote something.

◆ Shin Yul: But isn't the best thing about President Yoon just voluntarily appearing?

◈ Seol Ju-wan: That's right. So don't make many people suffer right now, and the people in the security service are not special. Most of them are always balls.

◆ Credit: Civil servants.

◈Seol Ju-wan: Someone I know has been working for almost 20 years, and I don't know if you're trying to make them suffer. So I just have to go out confidently. What I'm showing you right now is a coward. It's only the appearance of a really scared president. The same is true of yesterday's letter, but I would like to do so by walking on two feet without causing many people to suffer.

◇Yoon Ki-chan: That's why it happens because of the president's status in light of the past precedent. Because the president's status is maintained, there is a security task, so the reason why this problem did not arise before was that he was impeached first. After deciding whether to dismiss the president through impeachment, he went on to criminal punishment. But now that we're doing this backwards, isn't the president asking for that? Of course, I don't know which one is right.Ma is in that situation, so it's a controversy based on his presidential status. So, personally, whether or not this is arrested, I think it should be investigated individually. I think the investigation method, whether it's a summons, a visit, or a written letter, should be coordinated and received in a timely manner. So, since lawyers such as lawyer Yoon Gap-geun have been formed, we have to coordinate them. Now, we have to coordinate with the investigation line of the Senior Civil Servant Corruption Investigations Unit to determine the timing of the investigation. However, there is a theory as to whether it must be investigated in the form of forced arrest. Why wasn't it like that before? Previously, there was no problem with the execution of the warrant. Even though the impeachment process has just begun at this time, and the president may leave tomorrow at 2 o'clock when the impeachment preparation process is underway, according to the report, he will execute it at 10 a.m. tomorrow. Then, there is no room for it to be seen as violating the president's right to defend the impeachment process as he is preparing for the impeachment process. Depending on this time, isn't it okay to hold it without detention until the impeachment process proceeds? In a way, do you run away? I heard it's the principle of a trial without detention. Then why would you arrest and issue an arrest warrant?

◈Seol Joo-wan: But I have to talk about the concern of destroying evidence. So, of course, all military generals under former Defense Minister Kim Yong-hyun, who discussed at the time, are under arrest or arrest, so there is no evidence to destroy them anymore, but for example, there should be some documents or things like that in the president's official residence. But it's been almost a month now. Tomorrow, the emergency martial law is almost a month old, but I think it's a big problem that the investigation into the president has not been conducted yet. In this case, it was revealed in the indictment of Defense Minister Kim Yong-hyun that the most vulnerable person was the president. I think it's actually an indictment against the President of Yoon Suk Yeol. Therefore, it is quite problematic that the investigation itself is not conducted on the suspect who committed such a serious crime. I think this is quite likely to be criticized for the ability of the investigative agency.

◆ Shin-ryul: There may be a few people who judge that President Yoon is doing appropriate things right now, but I think there are as many as others who don't think that President Yoon's actions are so appropriate.

◇Yoon Ki-chan: You don't know if it's a minority or a majority.

◆ Shin-ryul: I don't know what that is, but anyway, for example, he often talks about the opposite of many testimonies right now, or he keeps fighting against his supporters until the end. We're talking about this on December 7th. I'll talk about it again yesterday and fight with the people until the end.

◇Yoon Ki-chan: Doesn't everyone do that? For example. .

◆ Credit: The important thing is, do these acts themselves affect President Yoon Suk Yeol's impeachment trial anyway?

◇Yoon Ki-chan: For example, the president now says he will protect democracy can be interpreted in various ways. So, it can be said that it is a critical position on the behavior of the National Assembly, but in fact, there is an inappropriate part related to yesterday's letter. Because I think I should have told my supporters not to get involved in any public officials who come to execute the warrant. After that, if the task force, which lawyer Yoon Gap-geun talked about, comes in, it is illegal, so security officials and citizens can be arrested. I think this is also inappropriate. Because if a citizen enters and that happens, it can be misunderstood as inciting in a way. So I think we need to correct that part. Now, apart from all of those things, they are inappropriate. However, as a politician, some of the word choices in the message are inappropriate to send a message to supporters. But you can't say anything about it. Didn't CEO Lee Jae-myung send a message to his supporters every time? I also paid when I went for a substantive examination of the warrant. Then, he sent a message to avoid the National Assembly's approval process for the actual examination of the warrant, which he said he would receive confidently. Then, you were not investigated even if there were a lot of stories related to you in the indictment or judgment. For example, the corporate credit card is not like we blame CEO Lee Jae-myung for this, but politicians have a message to their supporters. However, as I said earlier, if the content of the message itself is likely to have a negative impact on some bloodshed, you should be careful about those parts.

◆ Shin Yul: I will reflect on myself. When CEO Lee Jae-myung said that, I criticized him a lot.

◈ Seol Ju-wan: Conservative supporters should not criticize Lee Jae-myung anymore. It's the same. Both of you are the same. From what I can tell.

◇Yoon Ki-chan: No, they criticize each other. Each.

◈ Seol Ju-wan: No, but until now, you have to criticize the other person while following the due process, and you haven't done politics once during your tenure. It's politics with the other person. Politics is. It's not about politics with someone who follows you and someone who supports you. In a way, it is politics that draws conclusions through political compromise and some dialogue with people who have opposite intentions. I don't think this is politics. Yesterday, I was literally just an instigation. And then he confessed that he was still watching YouTube in real time. I'm confessing. That's why I think he really showed everywhere the dignity that he really shouldn't show as a president.

◆ Shin-ryul: I don't know about that, but anyway, President Yoon Suk Yeol seems to be in dire need of an objective judgment, but I don't think it will be very helpful to say that he watches YouTube.

◇Yoon Ki-chan: I think the YouTube we're talking about here is probably the live YouTube of the site. So, I saw people there through YouTube that broadcasts the scene, not YouTube that evaluates or critiques certain issues.

◆ Shin Yul: Who was the target of delivering the letter yesterday? Wasn't it YouTube?

◈ Seol Ju-wan: It was YouTube. So anyway, no, but I don't know if the YouTuber broadcasting there is so-called far-right or not. I don't know because I didn't watch it either.Ma is the so-called radical YouTube.

◇Yoon Ki-chan: No, but you shouldn't evaluate all the people who came out there as far-right.

◈ Seol Ju-wan: No, so I don't think I'm a far-right either.

◇Yoon Ki-chan: Actually, whenever we do something, we say it's the far right, and when we raise the American flag and the Korean flag, we say it's the far right, but there are people who made us really worried.

◆ Shin Yul: It's not about whether YouTube is far-right or not. The nature of YouTube is that when we look at the three stages of information, facts, and knowledge, YouTube mainly talks about information. And legacy media serves to confirm information as fact. So, even if it's YouTube, it's not like that, but I asked you because there can be a lot of information that has not been verified too much, so it's impossible to make an objective judgment.

◇Yoon Ki-chan: There are a lot of people watching YouTube right now. Young people are watching YouTube right now, right? So how are you going to evaluate them the same way?

◆ Shin-ryul: That's in politics, that YouTube has a very negative impact on political phenomena.

◇Yoon Ki-chan: So I have an internal evaluation standard of whether it is desirable or not, but I don't reveal it because I don't watch a lot of TV or the so-called legacy media right now, and young people watch a lot of YouTube. But we're not going to evaluate all of them by any evaluation criteria. Of course, there's something I'm worried about. However, since they are all people with their own values, it is not right to put a label on them.

◈ Seol Ju-wan: There are a lot of fake news.

◆ Shin Yul: That's all for today's talk. Thank you. We've been with two lawyers, Yoon Ki-chan and Seol Ju-wan.