President Yoon's arrest failed...Until when?

■ Host: Lee Yeojin, Lee Hyunwoong, Anchor
■ Starring: Attorney Seo Jeong-wook, Attorney Jo Gi-yeon

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

[Anchor]
The execution of an arrest warrant for the president of Yoon Suk Yeol was canceled after a confrontation.

[Anchor]
The ruling party protested that the execution of the warrant was unreasonable, but the party's concerns seem to deepen as President Yoon holds out. Seo Jeong-wook and Jo Gi-yeon, two lawyers, will be invited to organize the political issue.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit finally stopped executing the arrest warrant for President Yoon in five and a half hours. How did you like it?

[Jungwook Seo]
I think the Senior Civil Servant Corruption Investigations Unit is overstepping its authority while not having the right to investigate rebellion. The Senior Civil Servant Corruption Investigations Unit can investigate the president. However, when making laws, investigating the president is the only crime of rebellion and foreign exchange in Korea. The rest have prosecution privileges. Then, when creating the Corruption Investigations Unit Act, civil war and foreign exchange should be included in the scope of the investigation. There were a lot of claims about this. Because the only thing investigating the president is civil war, foreign exchange. But I took it out then. Why did you take it out? The Senior Civil Servant Corruption Investigations Unit mainly investigates corruption issues and there are only a few people to check the prosecution's power, so the ability or purpose of investigating civil war and foreign exchange is not right.

Therefore, the civil war and foreign exchange were excluded at that time, but now that the abuse of authority becomes us, we can even conduct civil war. But I've never investigated abuse of authority. There is nothing to investigate about the president while investigating related cases. Therefore, why is such an agency suddenly coming to arrest without the right to investigate civil war itself? Therefore, fundamentally, the Senior Civil Servant Corruption Investigations Unit has no authority. Let me be very clear about this, and the police do the rightful investigation. Then, if necessary, you have to request a warrant from the court through the prosecution. Since the prosecution and the police are not getting along well, it is a voluntary organization that holds hands with the Senior Civil Servant Corruption Investigations Unit and cooperates. This is also not a legal instrument. This is why I am conducting an unreasonable illegal investigation. So there's no reason to respond. [Anchor] You mentioned overpowered and illegal investigations, and the domestic media and foreign media reported the situation from moment to moment yesterday. I'm curious how you saw it.

[Early Delayed]
It's only been a month since the emergency decree was triggered on December 3, 2024. Looking at the situation over the past month, I couldn't help but wonder if this could happen in the reality of Korea in the 21st century. Most of the people would have seen it the same way. Foreign media also watched the situation in real time with keen attention. This is because what cannot happen at the level of the Republic of Korea occurred on December 3rd in the form of emergency martial law, and in the process of handling the situation, all those involved were arrested as suspects of emergency martial law and civil war, and the security service physically blocked the arrest with a legitimate warrant issued by the court for the investigation of the head of the president, Yoon Suk Yeol.

There is no choice but to sigh and worry about how this situation can occur. It's all being done legally. As you mentioned a little while ago, the investigative power is not directly specified in the scope of the investigation by the Senior Civil Servant Corruption Investigations Unit, but related crimes can be investigated directly, and the prosecution cannot investigate rebellion, but aren't there 10 people in custody right now? Therefore, it is only a justification and argument to avoid criminal proceedings because it is interpreted very narrowly, so it is impossible to physically reject all acts that are being done legally. In this regard, I think the security agency that prevented this yesterday and the president himself should take additional legal responsibility.

[Anchor]
The ruling and opposition parties also immediately protested yesterday. However, the object of protest was different. Let's listen to it first.

[Anchor]
According to Kwon Young-se, the chairman of the emergency committee, he said that the unfair transaction between the Senior Civil Servant Corruption Investigations Unit and the judge was wrong from the request for a warrant, right?

[Jungwook Seo]
That's right. The Senior Civil Servant Corruption Investigations Unit says that the case prosecuted is done by the Seoul Central District Court. And then there is no right to prosecute like this case. In this case, we transfer to the Seoul Central District Prosecutors' Office. So, all cases of the Airborne Service have been requested by the Central District Court, and of course, they've all been dismissed. It was all rejected because the Senior Civil Servant Corruption Investigations Unit was incompetent. But this is the only time I went to the Western District Court. What's wrong with that? If you go to the Central District Court, the judge in charge of the warrant does not have the right to investigate, the crime of rebellion. There was a time when I did it with this nuance. So if you go to the center, the warrant will be dismissed, so if you go to the western court, a progressive judge from the Korean Law Research Society is in charge of the warrant. I think it will be issued if I go here. That's how I shopped.

However, they say where jurisdiction should go, but there are principles and exceptions. The principle is that the central court is the principle, and in some inevitable special cases, it is the jurisdiction of the address. So the principle is that the Central District Court has an earthquake and all the buildings have collapsed, so if you can't try, you can go west. But why are you suddenly going to the west of your address when the central court is intact and the principles are alive? So what's wrong with shopping, and what's wrong with the judge to point out one more thing. You just have to decide whether to issue an arrest warrant or dismiss it. Why do you write something useless on the warrant? Articles 110 and 111 of the Criminal Procedure Act do not apply.
mentioned something that you don't have to write down. This means that it's over the top again. Therefore, it is a collusion between the judge and the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
But isn't it another dimension to raise the issue that there is a problem with the warrant execution process now and to refuse to comply with the warrant execution?

[Jungwook Seo]
You filed an objection to the warrant. In addition, the Constitutional Court also made a power dispute trial against the Senior Civil Servant Corruption Investigations Unit. And what the judge wrote is that it's invalid. For example, what the judges wrote is invalid, so it's a military facility. Since the president's residence is a first-class military facility in Korea, the security service can protect it under the Criminal Procedure Act. I saw that what the judge wrote was not effective.

[Anchor]
You took issue with the person who issued it. What do you think?

[Early Delayed]
The principle is that the Central District Court is the judge.Ma may only take into account the crime, evidence, and the special circumstances of the accused into another court as an exception. There's nothing wrong with that. In particular, the presidential residence is Yongsan, so it is under the jurisdiction of the Western District Court. This in itself is not an illegal warrant request. It's called judge shopping, and I thought it was the same as what you think of the judiciary and the president's perception. Take a look at the emergency martial law civil war this time. A judge who found not guilty of representative Lee Jae-myung was put on the arrest list. In addition, there is evidence that former Supreme Court Chief Justice Kim Myung-soo and Election Commission Chairman Roh Tae-ak also planned to arrest and torture them. It has been shown that the judiciary itself has a perception of the legal system that reigns over the judiciary, not a degree of distrust, and this perception is seen as a perception that the power of the people is no different. Even though there is no problem with jurisdiction and no problem with investigative power, the past tendencies of presiding judges and judges do not specifically present evidence like this in the ruling now, or that there is an actual biased ruling.

It is simply the Western District Court and the court group where judges belonged in the past, and for this reason, they shopped for judges. I think I will approach all crimes and investigations related to the President of Yoon Suk Yeol or this time to emergency martial law and civil war with the same logic. I think it is just a logic created to avoid the investigation itself and claim that the investigation itself is illegal, no matter what reason or justification is made. After all, if I do this, I think this is not a matter of one individual, but the ruling party until now. How will the ruling party of the Republic of Korea lead the Republic of Korea if it makes a statement to the effect of distrusting the judiciary or denying its actual existence? I think it's a shocking statement that makes me doubt whether I really intend to continue politics with such conviction.

[Anchor]
If I ask you one more question, there is a time when I think it is illegal to make exceptions to the application of Articles 110 and 111 of the Criminal Procedure Act, what do you think about this?

[Early Delayed]
Not at all. Articles 110 and 111 of the Criminal Procedure Act, which require the consent of the person in charge in the case of military or official secrets, have nothing to do with the arrest search warrant. Articles 110 and 111 of this Criminal Procedure Act are set because military or official secrets are leaked in the process of seizure and search and securing material evidence, which could harm significant national interests. There is no room at all for an arrest warrant for a person or a search warrant for an arrest. In order to confirm this, it is not legal at all to claim that an arrest warrant is illegal because of this entry, and it is not true at all.

[Anchor]
Kwon Young-se, chairman of the emergency committee, said that a voluntary investigation should be conducted, but how should we investigate it?

[Jungwook Seo]
Since it is a forced investigation and a voluntary investigation, there is no fear of the incumbent president fleeing like an arrest warrant or arrest warrant, and there is no fear of destroying evidence only by themselves. Because they're all already indicted. Therefore, in principle, do not arrest and try or investigate without detention, this is a voluntary investigation. The meaning is. And the principle is that arresting or prosecuting a sitting president like this is very important. These issues shouldn't leave a single point of controversy. So, we have to do this perfectly, perfectly, fairly, and very correctly so that all citizens do not raise any objections. That's why you shouldn't make controversy. Then what should I do? If the police are in charge of the investigation, there is no such thing as a rebellion. The police were investigating, but the president kept not coming. Then you might need an arrest warrant. What do you do in this case? The prosecution does not have the right to investigate. The prosecution does not have the right to investigate, but if the judge issues an arrest warrant to the court's Central District Court through the prosecution, then the president should go. No one can dispute that.

I mean, there's this way. Then why don't the police do that? The police and the prosecution are investigating each other right now. The prosecution confiscated the police's noodle manager's cell phone in writing. So, since the police and the prosecution are fighting each other because the prosecution entered the election committee, the only agency that can request a warrant is the Senior Civil Servant Corruption Investigations Unit. That's why they attracted the Senior Civil Servant Corruption Investigations Unit as a collaboration copy. Everything is legally controversial from here. According to the principle, no one can object, and the president's lawyers can't say a word.

[Anchor]
Then the police have to transfer. Will it be solved if I transfer it?

[Jungwook Seo]
If the police transfer and investigate, and the president asks you to come, but you don't go, you may need a warrant. In that case, if you go through the prosecution, you need an arrest warrant with the prosecution, and if you don't do it, wouldn't the judge issue an arrest warrant again if you make the first decision and send it to the court? No one can object to this procedure.

[Anchor]
Controversy continues over the procedure and the subject of the investigation, and at this point, President Yoon Suk Yeol said he would take legal and political responsibility to be in the spotlight again. However, you don't seem to have any intention of responding to the investigation, so what do you think about this?

[Early Delayed]
That's right. They have no intention of investigating or taking legal or political responsibility. Furthermore, isn't it maintaining the position stated in the declaration of martial law on December 3rd? Take a look at the letter sent to the protesters at the residence the day before yesterday. It aims to fight against the forces of sovereignty and anti-state forces until the end. There is no attitude to take legal or political responsibility at all. That's why the public's power is talking about the voluntary investigation yesterday, but it's not feasible at all. To receive a voluntary investigation is to comply with the investigation procedure and reveal the innocence or injustice that you have claimed so far. You didn't respond to three summonses, did you?

That's why an arrest warrant was inevitably issued. Then, I knew that at least an arrest warrant was issued and I was forced to execute, so if there was an extreme confrontation or a physical conflict like yesterday, it was the last opportunity to respond to the execution through voluntary attendance as the president of the Republic of Korea. Didn't you even reject that? I have no intention or intention of taking legal or political responsibility. That's why the Democratic Party is still not done with the civil war because it is clear that it will break through this situation with this in its thoughts and will when it declared emergency martial law on December 3rd, ignoring all laws and political responsibilities.

It is confirmed that President Yoon Suk Yeol intended to use the military to seize control of the National Assembly, identify illegal occupation, and dissolve the National Assembly in order to eradicate the anti-state forces that he talked about in his statement at the time. Even though this is still not the case, the people's power vaguely waits for the president to return by conducting a voluntary investigation or in a way that agrees with the president's claims? So are you now in sympathy for the completion of the failed emergency martial law and civil war on December 3rd? I'd like to ask you something like this.

[Anchor]
What many people are paying keen attention to is whether the arrest warrant will be re-executed, and if so, when will it be done?

[Jungwook Seo]
You can't do three things for the Senior Civil Servant Corruption Investigations Unit. First, it should not be re-executed until the 6th. After that, you can't get another arrest warrant. There's a saying that they're asking for a preliminary arrest warrant because this doesn't work. Let me make it clear that all three are illegal. Even now, the only way to end the controversy is to leave the Senior Civil Servant Corruption Investigations Unit and turn the case over to the police. The fact that the president is legally and politically responsible means that he will respond to legitimate investigations. I don't mean that I'll even respond to illegal investigations. Therefore, they will know about the investigation into the Senior Civil Servant Corruption Investigations Unit. Prove first that you have jurisdiction over me. Since the Constitutional Court has a power dispute trial and provisional injunction, why didn't you investigate a related case while investigating a related case instead of claiming that you have the right to investigate a rebellion? I can't investigate the president for abuse of authority. There was no investigation, but a civil war broke out while investigating related cases, and since this is a ridiculous claim, they should no longer execute arrest warrants unless they are properly judged by the Constitutional Court and prove that they have the right to investigate.

[Anchor]
The validity period of the arrest warrant is until the day after tomorrow and Monday, so do you think the Senior Civil Servant Corruption Investigations Unit will make a second attempt?


[Early Delayed]
I think it should be done of course.

[Anchor]
When do you think you'll do it?

[Early Delayed]
That's the weekend, and there will be a large-scale protest today. In this situation, if you go into execution, you should avoid this time because the crowd may get excited again and an unexpected situation may occur. Appropriately, the security agency confirmed yesterday that it was practically difficult to execute with only 130 investigators or police personnel through the first, second, and third detentions, so we need to strategically judge manpower, access roads, and other aspects. While there is one such aspect, we also requested that the security chief and deputy chief be present today for preventing the execution of the arrest warrant.

Of course, I don't think he will attend and I don't think he will respond in the future. We have to clearly punish them for yesterday's illegal activities. And not only the chief of security who blocked the execution yesterday, but also the head of the on-site command center and the personnel who participated in all the blockings should be held responsible for obstructing the execution of special public affairs or concealing criminals. And if you block it again when you start the second execution, you have to arrest him as a red-handed criminal and send him right away. I don't think the security service will be able to stop it physically in that way anymore if it shows this clear and certain will. Perhaps the Airborne Division and the Senior Civil Servant Corruption Investigations Unit are fully considering and judging these areas.

[Anchor]
Some have to execute a warrant at night. There is a possibility that there is a need for a more active response.

[Early Delayed]
In reality, that would make it more enforceable. This is true because there are various possibilities in entry, but since night is dangerous at night, it is likely to be considered as the most basic measures to prevent physical collisions or personal problems.

[Anchor]
Didn't Gong Dong-bon ask for a postponement when he booked the head of the security and asked for his attendance at 2 p.m. today? I think it's a move with the possibility of re-enforcement in mind today, right?

[Jungwook Seo]
There will be no re-enforcement this weekend. I won't be able to re-execute this time. To do it again, we need to prepare about 3,000 police task forces. It's not easy to enforce. Just because a few people go again doesn't mean it's executed. What's wrong with the security chief? It is his duty to protect the president. Why does a security guard exist if you give the president to the airborne office where he came to arrest him illegally? It's right to get rid of that bodyguard. Therefore, the head of the security agency is not allowed to search for military facilities after the security law. It was done according to the law.

Therefore, I keep saying that the Senior Civil Servant Corruption Service is unreasonable, but obstruction of public affairs does not mean that obstruction of public affairs is established only when it is a legitimate public service. In other words, I explained several times that the jurisdiction of the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate, and the Constitutional Court must first be judged. If the court decides that there is no right to investigate after an illegal arrest and later an insurrection, the responsibility should be taken entirely by the Senior Civil Servant Corruption Investigations Unit. Rather, the Senior Civil Servant Corruption Investigations Unit becomes an illegal arrest. There are still a lot of people and people who support the president. I'm the incumbent president now. Then you can make it transparent without any controversy. The airlift is in such a hurry. If it is ruled that there is no investigative power later, the Senior Civil Servant Corruption Investigations Unit should take full responsibility, I warn you.

[Anchor]
Amid such a view as lawyer Seo, the Senior Civil Servant Corruption Investigations Unit said it would strongly demand Acting President Choi Sang-mok to cooperate with the security agency's response, but is there a possibility that Acting President Choi will take a position?

[Early Delayed]
Of course, I think I have to pay for it. In practice, the head of the security agency or the authority to command and supervise security personnel lies with the acting president. In some ways, it can be seen as a dereliction of duty that the acting chief executive is not taking any action despite this dangerous situation continuing. What would you do if the Senior Civil Servant Corruption Investigations Unit excessively executed yesterday and caused a physical conflict? Acting President Choi Sang-mok must also take responsibility for this. However, as if the current situation is irrelevant to you, you just want it to be executed in accordance with laws and principles, and all that is said is that the Senior Civil Servant Corruption Investigations Unit or the Security Service is responsible for the consequences, right? How could such an irresponsible remark be made?

So, regardless of whether it is a second execution or any future investigation, President Yoon Suk Yeol is charged with being a suspect in a rebellion and the head of a rebellion. Since it is illegal not to go to the investigation process when all other important mission workers are arrested, I think the acting president should order, demand, and strongly warn the president of Yoon Suk Yeol to actively cooperate from immediate execution to subsequent investigations to contribute to the stability of the state.

[Anchor]
Even if the Senior Civil Servant Corruption Investigations Unit fails to execute this within the Monday deadline, can't it extend the expiration date with court permission or claim it again?

[Jungwook Seo]
He insisted that we shouldn't re-claim it. Please do it to the Central District Court to re-claim. Don't keep going to the west. I've never done anything other than the center. Why use an expedient you've never done while arresting a sitting president? I told you earlier that there is a jurisdiction in principle and an exceptional supplementary jurisdiction in inevitable cases, but it will not be issued if you request an arrest warrant again with the Central District Court. It won't be issued. It is because of the unique political orientation of the warrant judge in the west. Therefore, if the Senior Civil Servant Corruption Investigations Unit applies for re-issuance to the West in such a way and later, it will be difficult to escape criticism.

[Anchor]
Do you think there's a high chance of re-claiming or do you think you'll be seeking an arrest warrant right away?

[Early Delayed]
I have no choice but to make a prediction. I don't think I'll go out in a way of re-claiming an arrest warrant. If you continue to refuse, I think you will strongly consider going to a pre-arrest warrant request. However, in practice, it cannot be executed without responding to the arrest warrant stage, so even in the case of a preliminary arrest warrant, we have to go through the process of securing personal information, will it be possible at that time? With such consideration, in order to ensure completeness from the investigation process, measures to ensure that the arrest warrant is executed within the deadline should be considered first, and if it fails, the judgment should be made after that.

[Anchor]
Related controversies are expected to continue for a while. Let's turn to the Constitutional Court. Yesterday, the Constitutional Court held a second hearing on the case of President Yoon's impeachment, and there is a saying between President Yoon and the judge. Let's listen to it together.

[Anchor]
The isolated underdog is being robbed. How did you hear the president's lawyer's remarks?

[Early Delayed]
This statement itself is shocking. I think they're making excuses, not arguments, in that way because there's no legal logic to respond. Everyone saw the situation on December 3rd. Even if the president's agent does not explain whether this is legally a crime of rebellion, the public already knows it at the level of common sense. Various problems such as trying to dominate the National Assembly and trying to hold illegal elections with a kind of delusion of illegal elections by the NEC. Isn't it confirmed that this part clearly paralyzed the exercise of functions by mobilizing physical power of the constitutional institution? That's the national constitution, and that's why it's a rebellion.

Why have you not been able to refute that part so far? Of course, Judge Jeong Hyung-sik and the Constitutional Court said yesterday that President Yoon Suk Yeol is deliberately delaying the emergency martial law because he cannot claim that it is constitutional and legal and does not constitute a crime of rebellion. It doesn't make sense, does it? There was an emergency martial law on December 3rd, and the impeachment decision was made on December 14th. And while we've already gone through two preparations, we haven't even given a clear answer to that position yet. This can only be seen as a time delay intention, so the Constitutional Court led the lawsuit with me yesterday. In the subsequent proceedings, I think President Yoon Suk Yeol will probably take such a decisive position to quickly reach a conclusion through his position if he delays, delays, or tries to delay the impeachment trial through indiscriminate applications for evidence.

[Anchor]
It's the chief judge appointed by President Yoon himself. Judge Jeong Hyung-sik's criticism of the delay in submitting documents by President Yoon is also drawing attention. How did you like this part?

[Jungwook Seo]
To tell you two things, the National Assembly has to give an accurate answer to the reason for the impeachment. However, when the impeachment is passed by the National Assembly, the number one reason is the crime of rebellion. Then, rebellion, rebellion, rebellion. You're talking about me, aren't you? I'm going to take this out. Then, the answer must first be clearly confirmed as to why the National Assembly's prosecutors impeached it. Until now, civil war has passed the National Assembly as a civil war, and if the civil war is suddenly excluded, isn't the passage of the National Assembly invalid? Did any of the lawmakers really commit rebellion? That's why I voted for it, but if I take out the crime of rebellion, then we have to vote again. So, I mean, the reason for the impeachment of the National Assembly has not been confirmed. So the first reason is that I can't answer.

Second, did the National Assembly give evidence? I published 60 newspaper articles. At the same time, since they had no evidence, they were asked to send data investigated by the Senior Civil Servant Corruption Investigations Unit, the prosecution, or the police, which is clearly against the law. Even when a judge judges, if you look at the prosecution's Japaneseism and investigation records in advance, you will have a prediction. So, the National Assembly also has no evidence, so please send me a record of your investigation to the Senior Civil Servant Corruption Investigations Unit, to the police, or to the prosecution. This is the request for sending. It's ridiculous that the court accepted this. This is clearly against the laws of expertise and evidence, and have you ever called the police chief or the defense commander directly to talk to the president? Why do you bring an indictment or an existing record if you ask like this? I mean, the National Assembly has not given any evidence. It is illegal to try to receive data in cooperation with the prosecution, the police, and the Senior Civil Servant Corruption Investigations Unit because they published a few newspaper articles and there is no evidence. I'm telling you this.

[Anchor]
Do you have a rebuttal to this?

[Early Delayed]
I think I just need to check a few facts. It's not about rebellion. The first reason for the prosecution this time is Article 77 of the Constitution, the substantive procedural unconstitutionality of the emergency martial law, and the violation of the law. The violation of martial law is basically included. Of course, the crime of rebellion is also included in the reason. However, there is no need to determine whether the crime of rebellion is established, that is, whether the crime of rebellion is established under the criminal law, and thus the violation of the law prepared for it is not judged. The reasons for impeachment of related civil war and acts for the purpose of national constitution remain the same. Of course you'll make a judgment about him. You're talking about the request to send records. I made the same judgment during the impeachment of President Park Geun Hye. And it was also the investigation record that was mainly used as the reason for impeachment at that time. The National Assembly has already submitted all the evidence that the National Assembly has. There are CCTVs in the National Assembly's precincts, minutes of the National Assembly's meetings, and newspaper articles, of course. In the case of the impeachment of President Park Geun Hye, about 20 of the 23 initial impeachment submissions were newspaper articles. Since the National Assembly does not have the right to investigate from the beginning, it is said that it constitutes only the reasons for impeachment and decides whether to dismiss it based on the evidence secured in the constitutional trial process.

We are proceeding the same way as we did in the last presidential impeachment case in Park Geun Hye. It is not that there is no evidence, but it seems that the unconstitutionality of the emergency martial law secured through the investigation records and the unconstitutionality and illegality of the alleged rebellion itself can be sufficiently verified. These impeachment proceedings are legally organized into precedents already established in the impeachment proceedings of President Park Geun Hye and the exercise of command organized by the Constitutional Court at the time. I'm just doing it as it is. It is as if the current judge and chief judge are not unreasonable by interpreting new laws.

[Anchor]
There are 10 days left for the formal hearing. It will be held twice a week, and we will see if President Yoon Suk Yeol will come out and if he comes out, we will show his position. I'll wrap up the two of you here. Seo Jeong-wook and Jo Gi-yeon were lawyers. Thank you.