[New Square 2PM] "Arrest warrant suspended at 1:30 p.m. today."

■ Host: anchor Lee Se-na, anchor Na Kyung-chul
■ Starring: Kim Hwan-mok, special professor of security police administration at Shinansan University, lawyer Yang Ji-min

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.

[Anchor]
From 8 a.m. today, the Senior Civil Servant Corruption Investigations Unit is executing an arrest warrant for President Yoon Suk Yeol, the first incumbent president in constitutional history. In the official residence, the Senior Civil Servant Corruption Investigations Unit and the Presidential Security Service have been confronting each other for a long time. Today, we will be joined by Kim Hwan-mok, a special professor of security and police administration at Shinansan University who has been guarding the former president for 23 years, and two lawyers, Yang Ji-min. Please come in. Since the Senior Civil Servant Corruption Investigations Unit started executing the warrant from 8 o'clock, about 5 and a half hours have passed, so please first summarize the process of the court issuing an arrest warrant and President Yoon's charges.

[Jimin Yang]
First of all, the charges that President Yoon Suk Yeol is facing are the crime of rebellion and the crime of obstructing the exercise of rights of abuse of authority. So you can think of one act as two criminal charges. As many people recognize, martial law was declared on December 3rd. And since then, there have been statements from the parties concerned that there has been an order to bring down the lawmakers, and there have been testimonies that they have actually tried to neutralize the functions of the NEC or the National Assembly. So, in relation to that, the allegations have been found that this falls under the National Constitution stipulated in the crime of rebellion.

If you are suspected of committing such a rebellion, you are accused of abusing your authority, so you are accused of both. In this regard, there was a dispute over the investigative power of the prosecution and the Senior Civil Servant Corruption Investigations Unit at the beginning. However, the prosecution agreed to hand over the right to investigate President Yoon Suk Yeol and his whereabouts to the Senior Civil Servant Corruption Investigations Unit.

After that, the Senior Civil Servant Corruption Investigations Unit was issued an arrest warrant. Of course, even before the arrest warrant was issued, efforts were made to notify the summons or investigate the summons, but this was not achieved, and the warrant was eventually issued on the 31st. The valid deadline for the warrant issued this time is the 6th.

[Anchor]
The arrest warrant issued by the Western District Court on the 31st has been being executed by the Senior Civil Servant Corruption Investigations Unit since this morning. What is the process of executing an arrest warrant?

[Jimin Yang]
In order to execute the arrest warrant, you must face the president of Yoon Suk Yeol, who is the subject of the arrest. However, the current situation is that his duties are suspended, but he is protected because he is the incumbent president and he is not in a situation where he can freely enter and exit the official residence, so he cannot face each other. In order to execute the arrest warrant, if I assume it under general circumstances, I will...

[Anchor]
I'm sorry, lawyer. You're looking at the situation in front of the presidential residence. People who appear to be on the side of the Senior Civil Servant Corruption Investigations Unit appear to be leaving their official residence. I don't know the exact situation right now, but I think a lot of people are coming out toward the main gate. He's looking at me coming down the hill. Earlier, at around 8 a.m., the entrance to the mission where the first confrontation took place, a bus is blocking the entrance to the mission. Through this area, there were a lot of airborne personnel and police personnel, but now it seems that more than 20 personnel, quite a lot of them, are coming back down through the hill.

Today, there are about 150 people, including 30 from the Senior Civil Servant Corruption Investigations Unit and 120 from the police special team, who are executing arrest warrants at the official residence in Hannam-dong, Seoul. It is not known exactly what kind of personnel are coming out in front of the official residence or what the situation is. As soon as the exact details are covered, we will tell you in detail. The lawyer was talking earlier. Please keep on delivering it.

[Yang Ji-min]
I said that in order to execute the arrest warrant, we have to face the target party, President Yoon Suk Yeol. Assuming a general situation, you face the subject to confirm the subject's identity and then notify the Miranda principle. So you have the right to an attorney. You're being arrested on some charges. After announcing that you will execute it, you will execute it. As things stand now, it seems that the face-to-face has failed, but the deadline for the warrant still remains, so the Senior Civil Servant Corruption Investigations Unit seems open to the possibility of trying today and taking an additional opportunity next time.

[Anchor]
The professor has more than 20 years of experience guarding the former president. The security service's response continues to be the key today, so how did you see the situation so far?

[Kim Hwan-mok]
I believe that the presidential security office has been implemented in accordance with the Presidential Security Act, the personal safety of the President and the security of the official residence, and the Presidential Security Act.

[Anchor]
You're looking at the screen you just saw. There are almost 20 people from the official residence to the entrance to the official residence. Almost 30 people were coming out. I just got some new news. Today was the announcement of the Senior Civil Servant Corruption Investigations Unit, the execution of an arrest warrant for the President of Yoon Suk Yeol. There was an announcement from the Senior Civil Servant Corruption Investigations Unit that it decided it was impossible and suspended the execution of the arrest warrant. Once again, I would like to inform you of the notice of the Joint Investigation Headquarters. Today, he announced that he decided that it was virtually impossible to execute the arrest warrant due to the continued confrontation with the president of Yoon Suk Yeol, and that the execution was suspended at around 1:30 p.m. due to concerns about the safety of field personnel due to the execution block. It said it will decide on future measures after reviewing them. And I deeply regret the attitude of the suspect who did not comply with the legal procedures, that is, the attitude toward President Yoon Suk Yeol. There was also an announcement like this.

[Anchor]
In summary, there is new news that the Senior Civil Servant Corruption Investigations Unit decided that the arrest warrant could not be executed and suspended the execution today. In fact, in the case of tomorrow or the day after tomorrow, there were several points of concern because it was the weekend, so it seems that the Senior Civil Servant Corruption Investigations Unit chose today, but the execution was eventually suspended. If so, how should the Senior Civil Servant Corruption Investigations Unit use the rest of the period because it is due until next Monday? I think this part will be the key.

[Yang Jimin]
That's right. As you pointed out, the execution should be carried out within the valid range of the warrant's deadline. It is said that if it passes today, of course, it can be executed after sunset, but in fact, if it goes to the weekend, there is a higher possibility of a large crowd such as a rally. The Senior Civil Servant Corruption Investigations Unit set the date for the first execution today, taking into account the possibility of clashes between protesters and crowds, or the possibility of physical clashes with the military and police in the process. In the end, as we end up in failure, we'll actually be able to give it a try on Saturday and Sunday, but it may not even be as easy to get through the first and second gates like today because there will be more crowds.

So, there's only one day left on Monday, but Monday is the last day of the warrant's expiration date. Therefore, from the point of view of the Senior Civil Servant Corruption Investigations Unit, you will have no choice but to feel that you are running out of time. Of course, if these warrants expire, the opportunity to arrest them completely disappears? This is not it. You can get a warrant again and execute it, but there is inevitable time inefficiency and pressure to proceed with such a procedure again from the beginning.

So, from the perspective of the Senior Civil Servant Corruption Investigations Unit, I think it will be more difficult to think about whether to try this again on the weekend or try this again on Monday after the weekend.

[Anchor]
I passed the first cordon at the airlift this morning and then entered the second cordon. After that, he reportedly entered the front of the official residence, presented an arrest warrant to the security chief, and even asked for cooperation. However, it is said that the chief of security expressed his position not to search because it is a security zone under the Security Act. It is said that there have been some physical clashes in the ongoing confrontation. Professor, what do you think about this part when the head of the bodyguard said he refused to search for the bodyguard law?

[Kim Hwan-mok]
According to Article 5 of the Presidential Security Act, the security chief can set up a security zone. The security zone setting is set to overlap in multiple layers depending on the security environment. So, the control methods and things like this are different to minimize the inconvenience of ordinary citizens and unrelated people and to perform the perfect mission with appropriate security measures and safety activities. I can't tell you what form the security zone in Hannam-dong's official residence has been set up.

Because it is a way of protecting the security area, it is also a state secret. Therefore, there are areas where it is limited to say, and if necessary, depending on the environment in which it is located, several layers of control lines, and a cordon that can be used for safety activities are made. I think it would be right for me to refrain from talking about how many layers of control lines have been installed in the official residence.

[Anchor]
To the extent that we have now understood it, we only heard that we passed through the first and second cordons and eventually faced the security chief, but looking at it earlier, it seemed that military troops were also deployed in the official residence. In the case of military personnel, where will they be controlled in that case, and what is the control of the presidential office? Or will it be under the control of the Joint Chiefs of Staff or the military?

[Kim Hwan-mok]
According to reports, the 55th Guard Corps is mentioned, and the area currently used as the presidential residence was used by major military commanders, including the defense minister, the foreign minister, and the army chief, so the Ministry of National Defense has been directly tasked with carrying out security personnel or safety-related tasks. What we can think about right now is that there is a limit to what we can approach and say about the control lines that are actually in the residence, or the routes that we can enter, rather than mentioning how far the security services are controlling right now.

[Anchor]
Lawyer, but you didn't respond to the legally issued arrest warrant, so what do you think about the possibility of being punished for obstruction of justice?

[Yang Ji-min]
Since the expiration date is still alive, it seems that we need to see if the warrant will fail to execute completely for now. However, as you mentioned, of course, there is a legal controversy over the warrant issued now. Although there are various controversies, starting with the Western District Court, and why did you mention Articles 110 and 111 of the Criminal Procedure Act, it is a warrant issued by the court, a judicial institution recognized in Korea.

Then, the warrant is considered legitimate, and it is not intended to arrest something or punish it according to the warrant, but it is an arrest warrant issued to open an investigation, the first basic stage of the investigation. Therefore, it seems that it is correct to respond to this part by considering it legal, but nevertheless, it seems that there is a difficulty in such enforcement because of the specificity of this current presidential status.

As you mentioned, if there is a situation in which some physical force is exercised by blocking the execution of such a warrant and physical force is exercised against the personnel of the Senior Civil Servant Corruption Investigations Unit to execute with a legitimate warrant, this may be regarded as an obstruction of justice. In the case of obstruction of public affairs, of course, assault and intimidation should be used, but violence and intimidation are recognized in a very broad sense. For example, blocking a police car or lying down in front of it can also constitute a crime of obstruction of public affairs.

Therefore, it is necessary to be cautious in security, military, and police because these specific individual actions, such as locking the iron door and lying down in front of it, or pushing and blocking the body, are likely to be established as obstruction of justice.

[Anchor]
In fact, I think everyone's common perception was that the most worrisome part was the physical conflict between the Senior Civil Servant Corruption Investigations Unit and the police and the security service, which should be minimized. Of course, there were some physical fights. But the security personnel in the official residence were also curious about this part. What is the level of armament? And to what extent can they respond. If you have a weapon, in what situation and to what extent can you use it? Professor, is this part confidential as well?

[Kim Hwan-mok]
It can be classified. Because in a battle or war, the forces you want to protect and the forces you attack will conflict, and those that expose the ability or level of defense of the security forces responsible for presidential safety are quite vulnerable. If you consider the preparation for a certain regional infiltration and attack, it would be right not to inform the public. As I asked earlier, the 55th Guard is a military unit under the Defense Command, and I understand that command and control are currently assigned to guard the Hannam-dong residence and the presidential residence.

And I think it would be right to judge that security has dozens of times more power than the ability of the enemy to attack the military or the police to respond to the risk factors. I think the command, which is in charge of the command and management of the incumbent presidential security office, will determine how much of the expected threat to attack.

[Anchor]
The right word on the screen is looking at the front door of the presidential residence a while ago. At around 1:30 p.m., the government decided that it was impossible to execute the arrest warrant and suspended the execution. They said they will decide on future measures after reviewing them. The screen on the left is looking at supporters near the presidential residence at this time. Supporters of Yoon Suk Yeol's president have gathered around the residence since dawn, continuing to protest, and there are no major clashes. The police are keeping an eye on the supporters around the residence in case of an unexpected situation.

[Anchor]
I've heard about this, too. Therefore, there were some disagreements within the security office. However, because the head of the security service is very strong, the security service had no choice but to prevent the execution of the arrest warrant. If the crime of obstruction of public affairs is applied, everyone can be punished. Then, the personnel in the security service said, "I didn't want to do that, but I couldn't help it because the chief ordered it, can't this situation happen?" What do you think, professor?

[Kim Hwan-mok]
I want to explain the characteristics of the organization or organization of the Presidential Security Service. The reason bodyguards wear body armor is not because they wear it to live. In case of emergency, it is an organization that aims to protect guns or threats by blocking them with their own bodies. So other people are loyal groups, so they used to talk about this in the past, but in their thoughts, in a way, the unification of command. So I think there will probably be an internal conflict. Of course. Some of the things you're doing, as you just said, or you may know that your work is illegal right now. It can be so confusing that it can be difficult to determine whether or not the order from above is legitimate under the circumstances that I know, or the organization that I have been in, I think the unification of command and control is clearly standing. In the sense that the votes or indicators of the security service are organizations that exist only for a moment, it is said that they are only for a moment. So, in their consciousness of carrying out this position with their lives as collateral, there is loyalty to the object I must protect, this. It's not just the concept of providing personal security and safety for the President of Yoon Suk Yeol, but it's about protecting the President of the Republic of Korea. In their consciousness, they have a strong sense of security or security for the President of the Republic of Korea. I want to say this.

[Anchor]
I see.

First of all, the execution of the arrest warrant by the Senior Civil Servant Corruption Investigations Unit has been suspended today. In response, the ruling party is a very unfair and excessively unjust act. It is not an illegal warrant execution process for the security service and the president's attitude toward attempting to execute arrest warrants and refusing to respond to the execution. It's a situation where they're confronting each other that it can interfere with the execution of public affairs. I think the Senior Civil Servant Corruption Investigations Unit will be very worried. The deadline is the 6th, so it's next Monday. What are you thinking about?

[Yang Jimin]
As you said, the warrant expires on the 6th. That's why it can't be executed after that deadline. Of course, there is a way to extend the deadline and issue it again, but it is highly likely that the Senior Civil Servant Corruption Investigations Unit will become a very burdensome situation because the Senior Civil Servant Corruption Investigations Unit has failed to do so. First of all, the Senior Civil Servant Corruption Investigations Unit has a valid deadline for the warrant, so if you are in a hurry on the weekend, you may try it. However, if you think there is a possibility that the situation will change significantly, there seems to be a high possibility that it will not. This is because the president of Yoon Suk Yeol is now fighting hard because it is an execution by an illegal warrant. Then there is a very high possibility that no matter how much the airlift penetrated the first cordon and came through the second cordon on the weekend, it will not come out of the official residence.

And there is no guarantee that it will be easy to break through the first cordon like today because there is a possibility of more protesters and crowds on the weekend. In the process, if an ordinary citizen is injured due to a physical collision or someone is injured due to a conflict between the transitional forces, the Senior Civil Servant Corruption Investigations Unit may also be difficult to avoid criticism. So if all of these things act as a burden, there is a high possibility that we will try again on Monday after the weekend. Even so, if there is only one day left on Monday and President Yoon Suk Yeol does not respond until the end, I think there is no sharp way for the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
In the midst of this, the president's position came out. Today, in connection with the attempt to execute an arrest warrant by the Senior Civil Servant Corruption Investigations Unit against the President of Yoon Suk Yeol, he expressed regret over the attempt to enforce an illegal invalid warrant. And today, a police task force was mobilized during the execution of the warrant, and a task force dedicated to security participated in the execution of the investigation. Some argued that they strongly demand that the Senior Civil Servant Corruption Investigations Unit execute its work in compliance with the law because this constitutes obstruction of the execution of special public affairs and attempted illegal imprisonment. Eventually, the execution was suspended.

During the confrontation, another official answered that the security service seems to be still in discussion when asked if it will continue to block its execution in the future, but the Senior Civil Servant Corruption Investigations Unit later decided to withdraw. The airlift said it will decide after reviewing future measures, but it has not yet said how the bodyguard will respond to further warrant enforcement attempts. Even before the execution of the warrant today, the security service did not explain the exact response policy, saying that security measures will be taken in accordance with due process.

Professor Kim Hwan-mok, who has more than 20 years of experience in guarding the former president, is concerned that the confrontation with the Senior Civil Servant Corruption Investigations Unit will not be repeated even if the security service changes its position now, but what will the chief of the security guard's attitude and what will he do in the future? Does the head of the security finally decide the direction? Or is everything done under the direction of the president?

[Kim Hwan-mok]
I think it would be so for the security chief to unilaterally judge by the president's instructions. I think it would be good to think that the security chief's final judgment on the personal safety of the president stipulated in the law is made by the security chief. You can admit that it is up to the head of the security department to determine the level of safety activities and security activities related to the security of all Korean presidents, starting with the establishment of the security zone.

[Anchor]
Now, he is Park Jong-joon, the head of the bodyguard, and he was appointed as the deputy head of the Blue House's bodyguard during the Park Geun Hye administration. According to the president's lawyer's earlier statement, it corresponds to an invasion of military confidential protection facilities. I give you a stern warning. He also criticized the fact that the Guard Corps participated in the execution of the investigation. What do you think about this?

[Kim Hwan-mok]
I think it's enough to mention. I think it is a misunderstanding caused by interpreting the explicit roles and duties of each person according to their own standards, but now I think it is the most reasonable part to act, judge, and make decisions based on the most legal basis. It is judged that it is correct to judge and decide the given task and the actions and procedures to be performed through due process or within the given authority.

[Anchor]
What do you think about the scope of the bodyguard's security zone now?

[Kim Hwan-mok]
Regarding security, the head of the security department is supposed to decide. As I mentioned earlier, the part related to the establishment of a security zone for the official residence is confidential, so it is difficult to tell you specifically what control line and how the zone was set up. For example, in March or February of last year, the expansion of the security zone at the President of Moon Jae In's Angsan residence became an issue and became controversial. Usually, the security area of the official residence for former and retired presidents was limited to the fence. So, on the road entering the official residence, protesters swearing through loudspeakers or saying things that could put a mental burden on President Moon Jae In made him feel very conflicted and difficult. There was even a situation where an employee of President Moon's annex to work was attacked with a cutter knife.

In addition, the security office suggested that the security area should be expanded as there is a situation where the security office is shooting at the residence with a gun, and the security chief said that it is reasonable to expand safety measures according to the risk factors that are being exposed. Therefore, the security chief has expanded the security area of the residence for President Yangsan Moon Jae In.

[Anchor]
At the head of security's judgment?

[Kim Hwan-mok]
That's right. So even now, I think it should be said that depending on the security environment and the location, it is up to the security chief.

[Anchor]
He said that the future judgment is up to the security service for now. Later at 2:40 p.m., there will be a back briefing on the arrest warrant at the Senior Civil Servant Corruption Investigations Unit, so there will be some briefing. It is expected that there will be talks about how to proceed with the investigation and how to execute the warrant in the future. I'll let you know when the breaking news comes in a little while. Professor, in this situation, the security service, that is, the security service, moves in accordance with Article 5 of the Presidential Security Act. The head of the Security Service may designate a security zone where he/she deems it necessary to perform security services. In addition, safety activities can be carried out to prevent harm, such as maintaining order, traffic management, inspection, access control, detection of dangerous objects, and safety measures. There is a regulation like this, but you're saying that the specific judgment is made by the security director in this area, right?

[Kim Hwan-mok]
That's right. The risk factors for the security environment can be judged according to the information after coming up from various intelligence agencies. In fact, there is a separate bodyguard organization that judges it, so after conducting due diligence on the site, it is necessary to determine how many layers of security control lines will be created, and how to maintain order within the control line.

[Anchor]
There's something like that right now. So, wasn't his job as president of Yoon Suk Yeol suspended? by the approval of the impeachment motion So when acting president Choi Sang-mok is acting as an acting president, who should the security agency be under the command of in this situation? It's the first time in Korea's constitutional history, so it's hard to make a decision.Professor Ma, what do you think? Now, in fact, the security services are moving to protect the president of Yoon Suk Yeol. Then, I have questions about what will happen to the security of acting Choi Sang-mok.

[Kim Hwan-mok]
The Presidential Security Service is also protecting acting Choi Sang-mok. with some troops out The basis for this is that the Presidential Security Service is responsible for security of domestic and foreign factors that are deemed necessary. In the second group of security guards. So I'm out right now. As you all know, you're acting as an acting president. Of course, it is a role of taking over the presidency as an acting president in a situation where it is said that it should be limited, but I would like to tell you that the acting president is in the right and position to mention some parts of the security agency's work because the presidential security agency controls it under the direction of the president.

[Anchor]
I see. You told me about this situation based on your experience today. Kim Hwan-mok, a special professor of security and police administration at Shinan Mountain University, should say hello here. Professor, thank you for talking today.

[Anchor]
Let's continue to talk. We just asked the professor a question, so who on earth should this bodyguard be under the direction of? Isn't this a part that could be controversial? What do you think, lawyer?

[Jimin Yang]
That's right. So the security service exists to protect the president, and the security service is blocking the execution of arrest warrants against the president based on the Presidential Security Act. But you've kept mentioning it, but it's really unprecedented in the history of the constitution. So, the incumbent president has never been subject to execution by issuing an arrest warrant like this, and the security agency seems to be very concerned about how to respond now.

From a legal point of view, the personnel of the security service or the targets that the security service should consider as the object of security include the incumbent president, but if the incumbent president is suspended from office, it is an acting system. It is a common story in the legal profession that in such a situation where the acting president has the right to inherit and transfer all the powers of the president, it is right to follow the acting authority and follow the de facto order of the acting president.

Therefore, the acting president Choi Sang-mok has the final right to judge, and of course, does that mean that the security system of acting president Choi Sang-mok is completely reversed. No, because he is still an incumbent president, he can stay in his official residence, receive honorable treatment, and of course receive security, but since the current president's entire duties are completely disenfranchised, it is legal to view those who can issue orders to the security service and those who have the final right to judge as acting chief executive officer. But of course, there will be some conflict with reality. The person who is still staying in the official residence is also the president, and there is such a realistic problem that the security service is forced to move around the official residence, so I think there may be a difference between the legal approach and the reality.

[Anchor]
The presidential security just came in. It is said that there is no separate position on the suspension of the execution of the arrest warrant, but that measures have been taken as an extension of the position that security measures will be taken in accordance with due process.

[Anchor]
And since we only showed you the outside of our official residence, there was a lot of concern about what happened afterwards and this. The Senior Civil Servant Corruption Investigations Unit said that the execution was suspended due to concerns about the safety of the field personnel, but if it was executed excessively, such concerns could arise, but today, there was no situation about safety concerns. In addition, the Presidential Security Service has just stated that when the Senior Civil Servant Corruption Investigations Unit executes additional warrants, it will make a comprehensive judgment and proceed with the procedure. I'll tell you again when the related contents are organized.