Senior Civil Servant Corruption Investigations Unit Enforces President Yoon's Arrest Warrant

[Anchor]
Reporter Shin Gwi-hye is in our studio.

After that, let's go through the details. Please come in.
First of all, the vehicle from the Senior Civil Servant Corruption Investigations Unit has arrived, so will the execution begin after that?

[Reporter]
I think it's better to say that we've started enforcement yet and that we're trying to enforce it. So the main place is the presidential residence in Hannam-dong, Yongsan-gu, Seoul. In addition to the presidential residence, arrest and search warrants have been issued in several places, and warrants are being executed simultaneously. It has been three days since an arrest warrant was issued for President Yoon on December 31 last year on charges of rebellion. The expiration date of the arrest warrant is until January 6, but it was executed in a surprise manner before the expiration date.

[Anchor]
It appears that enforcement is being attempted. What is the procedure for executing an arrest warrant?

[Reporter]
The arrest warrant for President Yoon Suk Yeol was requested under the name of Cha Jung-hyun, the chief prosecutor of the Senior Civil Servant Corruption Investigations Unit. Prosecutors and investigators from the Senior Civil Servant Corruption Investigations Unit go to the execution site with the original arrest warrant. First of all, before executing the warrant, we need to present an arrest warrant to the suspect, President Yoon Suk Yeol, and explain the reason. We also have to talk about the Miranda Principles. It is a procedure that explains the rights of suspects, such as having the right to refuse unfavorable statements and having the right to appoint a lawyer.

[Anchor]
In general, we announce the Miranda Principles when we arrest them, and if you look at the screen right now, you can see the vehicle of the Senior Civil Servant Corruption Investigations Unit on the left, and supporters on the right have been gathering and holding rallies since yesterday. In the process of executing an arrest warrant, there is a risk of conflict with the bodyguard or the supporters out there, what about this part?

[Reporter]
I was there yesterday. There have been since the morning, but in the morning, there are not that many police personnel, but as the supporters flock in the afternoon, the deployment of personnel gradually increases. At the same time, the car wall was originally one layer, but according to field reporters, the police seem to be making efforts to prevent conflicts with supporters as much as possible just because it has increased to two layers. And regarding the security service, it has been said that the execution of warrants can be restricted because the presidential residence is a military security facility.

It is argued that arrest attempts can be prevented based on the military secrets of Article 110 of the Criminal Procedure Act and the official secrets of Article 111. However, it was found that the arrest and search warrant for President Yoon indicated that exceptions were made to the application of the criminal procedure law. Unlike the search and seizure warrant to secure evidence, there is room for a different interpretation of the law as it is used to identify the whereabouts of the suspect. In response, President Yoon's position is that the arrest and search warrant itself are illegally invalid, so the possibility of a conflict cannot be ruled out.

[Anchor]
Is it possible for a judge to issue an arrest warrant and make an exception to the application of the Criminal Procedure Act?

[Reporter]
There is also a divided interpretation in the legal community as to whether the authority of the judge who issued the arrest warrant takes precedence over the Criminal Procedure Act. Lawyers for Yoon Suk Yeol immediately raised the issue. A warrant judge in the Western District Court has committed an offense that makes the Criminal Procedure Act an exception while issuing an arrest warrant requested by the Airborne Division, which has no authority to investigate the crime of rebellion. At the same time, the Supreme Court insists that the judge who issued the warrant should conduct a fact-finding investigation, exclude his duties, and take disciplinary action. Therefore, he applied for a power dispute trial and a provisional injunction to suspend the validity of the warrant to the Constitutional Court in defiance of the issuance of the warrant, and yesterday filed an objection with the court, asking the court not to allow the execution of the warrant.

[Anchor]
There are concerns about physical clashes and bloodshed that may occur on the spot, but was there anything the Senior Civil Servant Corruption Investigations Unit prevents?

[Reporter]
The Senior Civil Servant Corruption Investigations Unit has decided to work with the police task force in preparation for any clashes that may arise during the execution of an arrest warrant against President Yoon Suk Yeol. As mentioned earlier, the police personnel who gradually increased are the task force personnel. In response, President Yoon said that the Senior Civil Servant Corruption Investigations Unit does not have the authority to command the police investigation, and that the police task force can only maintain order and conduct security activities. He warned that if the task force starts arresting or executing a search warrant, the security service or any citizen can be arrested for obstruction of business or abuse of authority.

Earlier on New Year's Day, President Yoon Suk Yeol delivered an A4-page message to supporters gathered in front of the presidential residence. He said the Republic of Korea is in danger due to the invasion of sovereignty and anti-state forces, adding that he will fight together to protect the country until the end. As the execution of the arrest warrant became known, more people gathered as you can see now. It is also true that there is a concern of confusion at the site as tensions in front of the official residence, where both sides of the pros and cons are rallying every day, are also increasing.

[Anchor]
When the Senior Civil Servant Corruption Investigations Unit enters the official residence and the execution is completed, where and how will President Yoon move?

[Reporter]
It's a warrant requested by the Senior Civil Servant Corruption Investigations Unit, so we're going to the Senior Civil Ser President Yoon will be placed in an internal facility in the Gwacheon Government Complex 5 of the Senior Civil Servant Corruption Investigations Unit. It is about 17 kilometers away from the presidential residence, and if traffic is blocked, it can be reached in about 10 minutes.

[Anchor]
We're going to be investigated inside the Senior Civil Servant Corruption Investigations Unit, right?

[Reporter]
That's right. The Senior Civil Servant Corruption Investigations Unit has set up a separate investigation office by referring to cases of past presidents such as former President Park Geun Hye. If President Yoon is arrested, the Senior Civil Servant Corruption Investigations Unit must decide whether to request an arrest warrant within 48 hours from the time of his arrest. During these 48 hours, President Yoon is expected to be detained at the Seoul Detention Center in Uiwang, Gyeonggi Province.

[Anchor]
To sum up what has been coming in so far, the Office of the Criminal Investigation of High-ranking Officials is attempting to arrest President Yoon Suk Yeol. This part is in it. It also says that it will be enforced soon. There are about 200 pages of preparation, but I think there are more. There is a risk of collision at the Hannam-dong residence in the attempt to arrest the president, and as you can see on the screen, there are many supporters and the car wall is standing in double and triple. Hundreds of supporters of the president have gathered around the residence since dawn, raising fears of a clash.

The police deployed about 2,800 people with experience to manage the assembly. As a result, traffic congestion continues around the area. Supporters still say they will block the execution of the arrest warrant. I've summarized the contents that came in so far. Then, if the president of Yoon Suk Yeol is arrested and enters the investigation room of the Senior Civil Servant Corruption Investigations Unit, who will be in charge of the investigation?

[Reporter]
The Senior Civil Servant Corruption Investigations Unit went through internal discussions to have formality and courtesy because it is the first time in the constitutional history that an investigation into an incumbent president has been conducted. Cha Jung-hyun, the chief prosecutor, and Lee Dae-hwan, the chief prosecutor who directly requested an arrest warrant for President Yoon, are expected to participate in the investigation. As the Public Prosecutor's Office is setting up a joint investigation headquarters with the police, there is a possibility that officials from the special investigation team of the National Investigation Headquarters of the police will participate in the process. As you said earlier, it is known that you have prepared a 200-page questionnaire.

A separate investigation room was established inside the 5th building, and all the equipment for video recording is complete. On the opposite side of the Yoon Suk Yeol's presidency and the lawyer's seat, Chief Prosecutor Lee Dae-hwan and Chief Prosecutor Cha Jung-hyun, mentioned earlier, will sit down and conduct the investigation. It is said that the investigation room is about the size of a regular inspection room and has prepared a rest area of similar size across the corridor.There will be a sofa and table in the lounge, and a simple drink will be prepared. Depending on how President Yoon will handle it, the method, time, and number of investigations can vary widely.

[Anchor]
How did the presidential investigation go in the past?

[Reporter]
Although President Yoon Suk Yeol has been suspended due to the impeachment, he has limitations in comparing it to past cases because he is a sitting president. Former President Park Geun Hye was investigated by the prosecution after he was dismissed for the manipulation of state affairs. Former Prosecutor General Lee Won-seok, who was the first special director of the Central District Prosecutors' Office at the time, alternated with Han Woong-jae, the then senior prosecutor. In the investigation of former President Lee Myung Bak, Song Kyung-ho, former head of the Seoul Central District Prosecutors' Office, participated as the second special director, and Shin Bong-soo, chief of the Daegu High Prosecutors' Office, participated as the first head of the high-tech crime investigation.

In the case of former President Roh Moo Hyun, after his retirement, he was investigated by the prosecution over allegations of Park Yeon-cha's gate. In the investigation room, Woo Byung-woo, former senior presidential secretary for civil affairs, participated in the suspect's interrogation as a senior prosecutor at the time. In the past, he did not head to the investigation room directly to honor the president, but had a simple tea time with the head of the investigative agency. Before the investigation, Lee Jae-seung, deputy prosecutor of the Senior Civil Servant Corruption Investigations Unit, is expected to greet President Yoon. However, it is unclear how it will proceed as President Yoon denies the investigation authority of the Senior Civil Servant Corruption Investigations Unit itself.

[Anchor]
There are charges filed against President Yoon now. allegations of abuse of authority and rebellion Can you summarize the specific crimes?

[Reporter]
As you said, President Yoon Suk Yeol is accused of abuse of authority and rebellion. On December 3 last year, when the emergency martial law was declared, a riot was staged to paralyze the function of an independent constitutional institution, including sending martial law troops and police to the National Assembly and the NEC. First of all, if you look at decree No. 1, which was announced shortly after President Yoon Suk Yeol declared martial law, it is the first to prohibit political activities.

To this end, it was 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. President Yoon himself ordered, "Even if you shoot, break down the door and bring down the lawmakers."Or, testimonies poured out saying, "You can declare martial law two or three times." In particular, if you look at the prosecution's recent indictments of former Defense Minister Kim Yong-hyun and Yeo In-hyeong, the head of the Defense Security Command, the president directly intervened.

[Anchor]
Isn't the president denying the allegations?

[Reporter]
President Yoon Suk Yeol denies the charge of rebellion for three main reasons. First of all, declaring emergency martial law is a high-level act of governance and is the president's own authority. Therefore, they are confronting that it is not subject to judicial review and is not a matter of investigation or trial. It also claims that there was no purpose or riot in the national constitution for the crime of rebellion. In order to actually paralyze the National Assembly, they would have cut off the water and electricity first and carried out it in a surprise manner at dawn on a deserted weekend. He also argues that it is not a riot, saying that there were no injuries at the time of martial law, and that only small soldiers were deployed to maintain order and that they did not take live ammunition. However, as the statements of officials contrary to this came out in the open inquiry of the National Assembly, the truth is expected to be revealed through the investigation.

[Anchor]
For the first time in constitutional history, an arrest warrant is being attempted for a sitting president, and as you mentioned earlier, conflicting statements from officials are being made, and can you point out the situation and procedures of the investigation?

[Reporter]
First of all, the investigation was triggered when President Yoon Suk Yeol declared an emergency martial law on December 3 last year. A week later, President Yoon was banned from leaving the country, and the prosecution formed a "special investigation headquarters" with the military prosecution, and the police and high-ranking government officials formed a "special investigation team" with the Ministry of National Defense's investigation headquarters. In the process, controversy over investigative competition arose. The police and the Senior Civil Servant Corruption Investigations Unit notified President Yoon of the summons three times on December 18th, 25th, and 29th, and the prosecution notified him of the summons as a suspect twice on December 15th and 21st. Eventually, on December 18 last year, the controversy over the investigative power ended when the prosecution transferred the case of President Yoon Suk Yeol to the Senior Civil Servant Corruption Investigations Unit.

Since then, President Yoon has rejected both the service of the request for attendance and the seizure and search procedures of the Joint Investigation Headquarters, and at midnight on December 30, the Joint Investigation Agency requested an arrest warrant for President Yoon. After about 33 hours of consideration, the court issued an arrest warrant for President Yoon on charges of rebellion and other charges on the morning of December 31, 2024.

[Anchor]
The investigation has been busy for the past month. What happens if the arrest warrant doesn't go through today?

[Reporter]
The court-issued arrest warrant is valid until January 6. Until the expiration date is over, you can try to execute it again several times with the warrant issued this time. However, when the expiration date of the arrest warrant ends in the process, you must request an arrest warrant from the court again to seek the judgment of the government officials.

[Anchor]
I see. First of all, we are informing you that we are currently trying to find out how the execution of the arrest warrant will proceed today.

We will talk about new news as soon as it comes in.

So far, we have looked at breaking news related to the execution of President Yoon's arrest warrant with reporter Shin Gwi-hye. Thank you for talking today.