[News NIGHT] President Yoon's arrest warrant failed to be executed... "Illegal invalidity" vs "obstruction of public affairs"

■ Host: Anchor Sung Moon-gyu
■ Appearance: Yoon Hee-seok, former spokesman for People's Power, Sung Chi-hoon, vice chairman of the Democratic Party of Korea's Policy Committee

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

[Anchor]
It's a focus night time to look at news of political interest. Today, we will be joined by Yoon Hee-seok, former spokesman for People's Power, and Sung Chi-hoon, vice chairman of the Democratic Party's Policy Committee. Welcome, two of you. Today, the Senior Civil Servant Corruption Investigations Unit suspended its attempt to execute an arrest warrant for Yoon Suk Yeol's president in five and a half hours. It was judged that it was virtually impossible to execute due to a confrontation with the security service, but the Hannam-dong clock turned quite urgently today. How did you see it today?

[Yoon Heesuk]
I didn't want to expect such a situation to happen, but in the end, it went as expected. It is natural that the Senior Civil Servant Corruption Investigations Unit executed the warrant, but wasn't it a little lacking in preparation? Since the president's office has a security office anyway, we could have expected that it would be difficult to physically penetrate it if we did not agree in advance, but it was not a surprise, nor could it be. Eventually, it became a situation in which the people did not want to see it. Of course, the presidential office's legitimate warrant and the court's refusal to execute the warrant also created a scene in which both sides of the blame arouse uncomfortable feelings for the people.

[Anchor]
The bodyguard's resistance was fully expected, but the preparation was insufficient, and both sides said there was something wrong anyway.

[Sung Chi Hoon]
Well, even though I expected it, I didn't know how much the security service would resist, didn't I? The first police cordon, the second military cordon, and the third security cordon surrounding the presidential residence. I knew it was built as a third cordon, but when I looked at the process today, the first and second rounds were easier than I thought. And according to a media report, the 101st and 202nd Guards virtually rejected the orders of the security chief, so they saw and checked them from the point of view of the Senior Civil Servant Corruption Investigations Unit. So, even if you don't physically penetrate the first or second rounds, wouldn't you eventually consult with the person in charge and go to the front of the official residence and finally consult with the person in charge? However, I couldn't reach that agreement, but if the Senior Civil Servant Corruption Investigations Unit had decided to do so, it would have been possible if I had tried to physically rip it off because almost 3,000 people from the National Police Agency went with me. However, in the event of an institutional-to-institutional physical force conflict, there may be human sacrifices, so we took those things and retreated for now to avoid them as much as possible, but I think the Senior Civil Servant Corruption Investigations Unit will analyze it and conduct the second and third executions because I have seen the resistance line to some extent in the future.

[Anchor]
Therefore, the Senior Civil Servant Corruption Investigations Unit was concerned about safety. While talking about it, I revealed the reason why I retreated. Spokesperson Yoon, how about this? You mentioned earlier that the resistance of the security service was sufficiently expected, but some said it was an operation mistake, and some said it was a justification for the second execution. I'm also getting this interpretation.

[Yoon Heesuk]
I don't think it's possible to physically execute even if I try the 2nd and 3rd execution. It's a place where the Senior Civil Servant Corruption Investigations Unit investigates, not a military operation. I went there once today and saw it, so I don't think it's a place to understand the topographical features and things like this. I know that the security of the security personnel of the security service is very strong, so as I said earlier, it is difficult to physically penetrate it unless there is an agreement, that is, unless President Yoon is willing to comply with the execution of the warrant. A justification should probably be viewed as this. It has been four years since the launch of the Senior Civil Servant Corruption Investigations Unit, and there has been a lot of public questions about why the Senior Civil Servant Corruption Investigations Unit exists, that is, there has been little work performance. However, under a series of strategies to highlight the significance of the agency's existence by leading the investigation into the crime of rebellion, the Senior Civil Servant Corruption Investigations Unit may have logically established this process. However, this also created an unsightly situation today, making it difficult to be sympathized with the public. I think so.

[Anchor]
There is also a controversy over whether there was any illegality in the execution process, but the two sides are in different positions. The Senior Civil Servant Corruption Investigations Unit booked the head of the security service for obstructing the execution of public affairs. However, the security agency says that the Senior Civil Servant Corruption Investigations Unit broke in without permission and committed illegal acts.

[Sung Chi Hoon]
Wasn't there a white iron door at the front door that we saw? I locked it, but as the Senior Civil Servant Corruption Investigations Unit entered, they opened it themselves and went in, so they claim it's a trespassing. However, when we think about it, if a suspect who is suspected of certain blood gets an arrest warrant and locks the door and fails to respond, of course, he or she can open the door and enter. That's why the security service's claim of calling it trespassing can be made in that sense because the security service continues to claim that the warrant itself is illegal and illegal on the part of President Yoon Suk Yeol.Ma doesn't think it fits this legal purpose. On the contrary, I am more likely to be obstruction of justice. So didn't you file a complaint only against the head of the security service for obstruction of justice? From the perspective of the security director, I think there is some justification. I've been accused and in this situation, the head of the security has not been able to get any justification until now. Of course, there was only one justification for protecting the president, who they are protecting, until the end. I'm not saying that someone should give up security regardless of whether they are authorized or chief of staff, but help the president cooperate with the investigation. Or open it for me. We need to create this kind of justification, but everyone is avoiding political responsibility. Therefore, I think that the head of the security department must have had some concerns because he was accused in a situation where he could not release it without any justification and could not open it.

[Anchor]
So today, the Senior Civil Servant Corruption Investigations Unit and the police went at the same time, and the police tried to arrest the chief of security, but it was not done because the Senior Civil Servant Corruption Investigations Unit refused to allow it, so they booked it to attend tomorrow. How do you see this situation? I don't even know if I'll attend tomorrow or not.

[Yoon Heesuk]
It's unlikely that you'll be present. In conclusion, he resisted the execution of the warrant. illegally obstructed the execution of official duties Because of this, the Senior Civil Servant Corruption Investigations Unit should attend and be investigated, right? It's a tragedy in modern Korean history. This situation in which the heads of each agency, such as the Senior Civil Servant Corruption Investigations Unit, or the Security Service, force each other to take a position over the execution of this warrant. So, I really didn't want to expect this situation to be physically confronted and this was broadcast live across the country, but there were many people who thought it would be like this. The conclusion is that the solution is physically impossible. The need to prevent confusion in the investigation and prosecution stages that President Yoon claims is also recognized to some extent. In addition, the Senior Civil Servant Corruption Investigations Unit should elaborate its logic on why President Yoon does not comply with the execution of the warrant and create a situation in which neither side can refuse to comply with the investigation. The confrontation between the two sides without any understanding or concession will eventually lead to damage to all citizens and this situation continues to flow endlessly. In this respect, I think a very concerning situation has happened today.

[Anchor]
So, as the Senior Civil Servant Corruption Investigations Unit steps down in five and a half hours, I think they want to find a solution from acting chief Choi Sang-mok. So I think the acting chief Choi Sang-mok has the command over the security service.

[Sung Chi Hoon]
That's how we judge it.

[Anchor]
So use the command of the bodyguard to order them to execute arrest warrants, give the bodyguard an order. How would you judge him when he did that?

[Sung Chi Hoon]
We strongly demand it, but in the last process of appointing a constitutional judge, Acting Chief Justice Choi Sang-mok was so reluctant to be criticized. At that time, both sides said they would make an arbitration judgment in a way, but in the end, weren't they criticized by both sides? I think this one will be the same. Unfortunately, from our point of view, I hope Acting Authority Choi Sang-mok will make a decision. Because actually, what's wrong with the security service or the security staff right now? And the employees of the Senior Civil Servant Corruption Investigations Unit didn't do anything wrong. However, because of the fault of one president, the two agencies are in such a dangerous situation that could even cause a physical conflict. However, in a situation where no one is taking political responsibility to solve the problem, the Democratic Party believes that there is no one who can actually take political responsibility except acting chief executive Choi Sang-mok. That's why if acting chief executive Choi Sang-mok doesn't take responsibility for this, physical conflicts may occur in the second and third rounds, and it's the first time today, so it's like this, but there's a possibility that more supporters will flock to each other now. Then, in this dangerous situation where there can be conflict and conflict between supporters and institutions, someone has to make a decision to clean up the chaotic situation in the Republic of Korea. From our perspective, we think there is only one acting representative, Choi Sang-mok.

[Anchor]
What do you think, Mr. Spokesman?

[Yoon Heesuk]
First of all, if you look at the intermediate stage, it makes sense to create a situation in which the security service is willing to protect and allow President Yoon to comply with the execution of the warrant. So let's have acting chief executive Choi Sang-mok exercise his authority and let the security service comply with the execution of the warrant. I'm talking about this. Before that, the Senior Civil Servant Corruption Investigations Unit is overdoing it. It's nothing else that I said there was a problem in the process of applying for and issuing warrants, but prosecution of the incumbent president. I'm telling you in terms of the importance of this being carried out without any procedural defects. Since the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the crime of rebellion, we requested a warrant based on the logic that we could request a warrant, but the court issued it. However, if you look at it again, the Senior Civil Servant Corruption Investigations Unit does not have the right to prosecute the president. How should we look at this situation? On that point, on the part of the presidential office, this is a warrant request that is close to illegal because there is no strict order for the right to investigate and prosecute. They are also saying that it is the issuance of a warrant, and there is a phrase that I have never seen before in an arrest warrant that excludes the application of Articles 110 and 111 of the Criminal Code. Let's do this kind of procedural. Whether small or large, the fact that there seems to be a defect in itself can the criminal prosecution process in a serious situation be completely accepted by the people. We need to look at this problem more broadly. I think so.

[Anchor]
Procedural defects are the problem. So in the power of the people, floor leader Kwon Sung-dong should transfer to the police. So the police transferred to the Senior Civil Servant Corruption Investigations Unit, but the Senior Civil Servant Corruption Investigations Unit should transfer to the police again.

[Yoon Heesuk]
The reason for that is that everything is split as the Senior Civil Servant Corruption Investigations Unit is established and the prosecution and police are adjusted. In the end, the police have the right to investigate the crime of rebellion. When we divide the investigative agency into three, the prosecution, the police, and the Senior Civil Servant Corruption Investigations Unit, the police have the full right to investigate the rebellion. So, I think the process of investigating the police and requesting a warrant by sending it to the prosecution if the police think it's reasonable for the warrant request is the most flawless process at this time, but I don't know if it's because I don't trust the prosecution, but the joint investigation headquarters centered on the Senior Civil Servant Corruption Investigations Unit requested a warrant and the warrant came out from the Western District Court. In the process, there is also a term "judge shopping," so why are you obsessed with personal detention while making such flaws? He can't avoid this criticism. This level of problem consciousness clearly emphasizes that we should also reflect on it.

[Anchor]
What's your opinion?

[Sung Chi Hoon]
Well, there may be criticism that there is a procedural defect, but that abuse of authority. So, in fact, there are too many crimes committed by President Yoon Suk Yeol, because there are many charges. a crime of rebellion, violation of martial law, and abuse of authority. There are many, so in a situation where it's split like you said before, wouldn't it be separated if you were only in charge of the crime that was split? In the process of integrating it, the Senior Civil Servant Corruption Investigations Unit decided to take charge of it. I think that the judgment of whether it is right for the Senior Civil Servant Corruption Investigations Unit to take over this in those areas, in this division, can only be argued from the outside, and the judiciary makes the judgment on that. That's why judicial institutions and warrant judges made their own judgments while issuing arrest warrants. Since it was a judgment as a constitutional institution, it is necessary to respect it. It talks about the unconstitutionality and illegality of the Western District Court, but there is no illegality. Why did you use the Western District Court when the Seoul Central District Court should do it? There is no violation of the Seoul District Court because it can only be done in the jurisdiction of the Seoul District Court in exceptions. Finally, Articles 110 and 111 of the Criminal Procedure Act have now been decided by the Constitutional Court. Since the
Constitutional Court has said it will make a judgment on this as soon as possible, I predict that the Constitutional Court will have enough judgment by the time the second, third, or second arrest warrant is issued after the deadline for the arrest warrant expires, so I think that the controversial things will be sorted out a little.

[Anchor]
It's a situation where the Constitutional Court has to judge again for procedural defects. What happens then? The arrest warrant is due on the 6th, Monday, when do you think it will be executed again?

[Yoon Heesuk]
Then we have three days left. There are three days left on Saturday, Sunday, and Monday, so will you do it over the weekend? However, I expect that by the weekend, more people will gather around Hannam-dong, and the scale of the protest will be larger. If that happens, wouldn't it be possible to predict physical conflicts between citizens and citizens? It would be hard to imagine the extent of the confusion that might occur in that case. In particular, besides that, isn't there a lot of things that the security office feels like there was something lacking in their position regarding the execution of the warrant by the Senior Civil Servant Corruption Investigations Unit today? For example, why the 101 Guard made way for the Senior Civil Servant Corruption Investigations Unit. 55 Why the guard didn't work properly. I'm going to talk about this. Then the defense will be strengthened. So, physically, as if the Senior Civil Servant Corruption Investigations Unit operates, the execution of an arrest warrant is accomplished? I keep saying that this is almost impossible, but I think it is difficult to proceed with the investigation unless the president of Yoon Suk Yeol responds to the execution of the warrant or voluntarily appears at the investigation agency.

[Anchor] Mr.
Sung.

[Sung Chi Hoon]
In order for such things to be possible, even if the Senior Civil Servant Corruption Investigations Unit eventually enters again, the resistance will be stronger, as you said, if they go the same way without any preparation for the second or third round. Then, what can you change the position of the security service? I think there may be someone's political decision, a change in public opinion, or pressure on public opinion. That is why, in fact, the President of Yoon Suk Yeol continues to protect the supporters who are gathered in front of his residence, please continue to gather, and I will fight hard until the end. Because sending these messages can be a message to the security service and a message from the public itself, I believe that not only supporters of President Yoon Suk Yeol but also those who insist on arresting him may gather over the weekend. However, rather than considering the pressure the security agency is under, it is a very worrisome situation that there will be a conflict between the supporters, and a conflict with the security agency when the airlift company re-enters in a situation where the atmosphere is worse. Who put these people and institutions at risk? I would like to say that President Yoon Suk Yeol should not just enjoy such a process on far-right YouTube, but rather be satisfied with it, but that he should look back on his behavior that put the people and institutions at risk, and make efforts to correct it.

[Anchor]
I think you're saying in common that it would be unreasonable to try to execute it again without any measures. President Yoon's lawyers said this today, in a confrontation with the Senior Civil Servant Corruption Investigations Unit. I asked him to appoint a lawyer as soon as possible and to discuss subsequent procedures, but I don't think a lawyer has been appointed yet.

[Yoon Heesuk]
They don't respond to the investigation.

[Anchor]
What do you think? the possibility of consulting with proceedings in the future

[Yoon Heesuk]
Now that I see it, what President Yoon claims is that as I said earlier, let's think again about who is the subject of the investigation and who conducts it by requesting a warrant. If a warrant is issued after removing all procedural defects, I will comply. That's what it means. I will investigate the story by the police, request a warrant from the prosecution, and respond to the issuance of a warrant accordingly. That's what it means. Does the Corruption Investigations Unit have the right to investigate the Corruption Investigations Unit? Also, isn't there a legal flaw that is bound to be controversial as to whether or not it can be prosecuted? It's a legislative deficiency. In this regard, some argue that why the president should make an exception to the execution of a warrant, but basically, the Senior Civil Servant Corruption Investigations Unit requests a warrant without having the right to prosecute the president. Then, when you go all the way to the end, you can't avoid pointing out whether this is right or not. Regarding the procedural defects, the general public said that the execution of warrants should be done, but why do we make exceptions only for the president? I'm saying that this argument is not correct. This is because the Senior Civil Servant Corruption Investigations Unit does not have the right to prosecute the President
. Considering all these, President Yoon is in a position to defend himself as much as possible, so he is pointing out the defects in the execution of the warrant, and he is guilty of political crimes, so why would he throw the country into such confusion? There is definitely an excessive aspect of this argument. Apart from the crime, we know that the procedure must be justified so that the later results of the procedure can be accepted without any resistance from the people, so there will be no such physical confrontation today. So I emphasize again that this part is very important.

[Anchor]
So, in fact, even though the police have the right to investigate the crime of rebellion, they don't have the right to prosecute, so didn't they form a joint investigation headquarters? Nevertheless, you pointed out that the composition is not legally correct.

[Sung Chi Hoon]
In the end, when an arrest warrant is issued by the judiciary, if an arrest warrant is executed, it usually leads to an arrest warrant, but when an arrest warrant is requested, the court that judges it is legally requested. Does this agency have the authority to investigate this? Is this arrest warrant justified? I did enough when the judiciary made a judgment because it is the judiciary that comprehensively reviews all these things and makes a judgment. If you want to raise an objection to it again, you also have to follow due process. The arrest warrant is wrong? an arresting pride The arrest warrant is wrong? It is a legitimate procedure to request another examination of the binding review process, but it is not a legitimate procedure to continue refusing, refusing, and preventing it. That is why I would like to criticize the way it resists that it is not a legitimate procedure itself as too wrong.

[Anchor]
This happened in Hannam-dong today, and today, the Constitutional Court held a second hearing preparation period for the impeachment case of President Yoon, and these remarks were made between the Constitutional Court and President Yoon. Let's listen to it ourselves.

[Jung Hyung / Constitutional Judge] It was Dec. 3 that martial law was declared, and a month has passed. But it's kind of weird that there's no opinion yet. Shouldn't there be an opinion? Why did you declare an emergency martial law and put in the military and police.... ]

[Bae Jin / Yoon Suk Yeol's lawyer: If you say you've been sent to the military, the media will say, 'Look, didn't you commit me?' and everything will be issued with a warrant for arrest.. This is the first time that a president has become such an isolated underdog in a presidential country. If we say something, we're in a situation where we're being robbed.. ]

[Anchor]
First, President Yoon's lawyer in the back. The front part had a part to say that the media was blamed, and the president is an isolated underdog.
And he said he was being robbed. How did you like it?

[Yoon Heesuk]
First of all, President Yoon's situation is that he can't do anything while his job is suspended. Isn't it almost like a situation where you're exiled to your official residence? In that sense, the lawyer seems to have told the judge in a very desperate manner that he could not respond to the situation in which he could only prepare for legal action, but he had to be attacked by all media and opposition parties.

[Anchor]
Is this an isolated abbreviation?

[Yoon Heesuk]
Physically, of course, they're isolated. From the public opinion, there were reports on various impeachment cases against the president, so the president was on January 1st. Just by looking at the contents of the letter sent to the protesters outside the Hannam-dong residence. Regardless of whether the letter is right or wrong, there must be a state of mind in which they have no choice but to rely on them. Considering that, it seems that the lawyer's story now represents the situation in Hannam-dong's official residence.

[Anchor] How did you see Vice Chairman
Sung?

[Sung Chi Hoon]
You have to play the underdog cosplay, too. Where is this abbreviation? What weak person in the Republic of Korea refuses to comply with the investigation of investigative agencies like this three times, and what weak person stops those who come to arrest them? That's why I think those lawyers actually talked about it on this program last week, but they have to be very polite in front of the Constitutional Court. Because the attitude toward them itself is included in the hearing, from the perspective of the lawyers now, they are as weak as possible, difficult, and difficult. That's why I think it's to appeal that the response has been a little slow so far and that it's difficult to submit it so far. But the Constitutional Court justices are not stupid. So far, I believe that the Constitutional Court judges will be fully aware of their sincerity by judging such things comprehensively because they have submitted late and are not submitting documents.

[Anchor]
The part you just mentioned. We've heard it before.President Yoon's side is delaying the submission of the documents. It's been a month. I criticized why you're not doing it, but I don't think you're really submitting a proof plan yet. Will this affect the outcome of the impeachment trial? How do you see it?

[Sung Chi Hoon]
Of course, I think they'll give it to me. Because now, the Constitutional Court judges will judge that Yoon Suk Yeol's side is trying to delay the ruling as much as possible. Because as the Constitutional Court has said many times, the smaller the number of constitutional judges, the more advantageous the President of Yoon Suk Yeol is. Because it's a system of 8 people and then a system of 9 people. If we return to the six-member system after April 18th, it is President Yoon Suk Yeol's side that is advantageous for that situation. That's why the Constitutional Court believes that these people don't submit documents because they really don't have enough time or they don't submit documents to delay time, so I think these delay operations will never work for the Constitutional Court, and in fact, the purpose of running an impeachment system in a presidential country is to protect the Constitution. It is to protect the Constitution, but the attitude of President Yoon Suk Yeol, who does not show any reflection on the violations of the law and the Constitution, and does not show any cooperation in the impeachment hearing. This is also very insincere and very contrary from the perspective of protecting the Constitution. I think all of these behaviors will work against President Yoon Suk Yeol in the impeachment trial.

[Anchor]
We reported briefly a while ago, but President Yoon also said this today. There is no need for an impeachment trial itself. Because everything was restored before the declaration of the emergency martial law. So you said there was no benefit to protect, how did you hear this part?

[Yoon Heesuk]
That's what the defense might argue. That's why it's been restored. For example, the National Assembly requested the lifting of emergency martial law, but it did not. So, if something became bigger, I wouldn't be able to talk about it, but didn't the National Assembly finally declare the emergency martial law lifted just about three hours after the decision to lift it? So, the president has no more to contend with because the rights and interests to be violated have been restored. It comes up with this logic, and the judges have to judge it. However, in the process, the National Assembly expressed its intention to make only the unconstitutional part of the issue of martial law, excluding the crime of rebellion. It looks like it will be a lot of problems in the future.

[Sung Chi Hoon]
I think that the lawyer's story has not changed since martial law. No one died after saying that the person who tried to kill someone was an attempted murder, right? I think it's no different from saying this. On top of that, Korean society has changed perfectly before and after December 3. I don't know if this is too much, but the economy has been smashed. The number of newcomers looking at Korea from abroad is also falling. In such a situation, how is it the same situation where Korea's credibility is falling and the people are worried and worried and the economy is shrinking like this? It is confirmed by indicators that the economy has contracted and consumer sentiment has contracted since the emergency martial law, but such an excuse that answers almost like this, "How did no one die?" would be a statement that angered the people who were too surprised on December 3rd. I think so.

[Anchor]
So the preparation period for the defense is over by today. It's over now after doing it twice, and the judge said he would enter a formal hearing on the 14th and would hold a hearing twice a week. If we go into a formal defense now, we are interested in whether President Yoon will come out in person. What do you think?

[Yoon Heesuk]
I think there is a pretty good chance that you will come out in person. During the Park Geun Hye presidency, President Park Geun Hye himself gave up his right to plead. In the end, this is not to say that impeachment was necessarily cited for that reason, but the result was not good because he was too defensive and passive at the time. There are quite a few people who watch it like this. Therefore, President Yoon will go to the Constitutional Court in all very active ways. And given that President Yoon also reportedly expressed his intention to others, President Yoon will appear directly in the hearing process and make his own arguments on the reasons for his declaration of martial law and various situations. That's how I see it.

[Anchor]
More than anyone else, I'm an expert in law, so I'm predicting a lot of possibilities.

[Sung Chi Hoon]
I think I'm going to attend, too. But I don't think it's going to be that helpful. Because, as I said earlier, the reason for attending is that the constitutional judges will also see their attitudes, so they will come out in person and see if they are actively defending themselves. The logic of the President of Yoon Suk Yeol has been 12 since the emergency martial law. I don't think it will be that effective even if you attend the Constitutional Court in person because you are continuously pleading with the head of the Constitutional Court to claim legitimacy without any mistakes or remorse for things like 12 discourse or emergency martial law.

[Anchor]
There is a possibility that he didn't ask President Yoon's lawyers today, but he suddenly told them not to stand up and talk. I think a lot of people are seeing that attitude as well. Let's stop listening to what you said today. Yoon Hee-seok, former spokesman for People's Power, and Sung Chi-hoon, vice chairman of the Democratic Party's Policy Committee. Thank you.