When will the arrest warrant be re-executed?From the 14th day of the impeachment trial,

■ Host: Anchor Chung Chae-woon, anchor Hwang Ji-yeon
■ Starring: Attorney Kim Sung-soo

* 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 the arrest warrant for Yoon Suk Yeol's president has been breathless since the morning of the 3rd, but it was finally canceled in five and a half hours. The Senior Civil Servant Corruption Investigations Unit, which expressed regret over the suspect's attitude, is expected to execute the arrest warrant again within the expiration date of tomorrow.

[Anchor]
In the midst of this, the Constitutional Court, which has an eight-member system, held the second hearing preparation date for the impeachment trial of President Yoon on the 3rd. Let's connect experts to point out various legal issues surrounding the execution of arrest warrants and the impeachment trial. Attorney Kim Sung-soo, are you out?

[Kim Sung-soo]
Hello, I'm Kim Sung-soo.

[Anchor]
Two days ago, the execution of President Yoon's arrest warrant failed. At the same time, the speed of the investigation by the Senior Civil Servant Corruption Investigations Unit is slowing down, so how do you think the investigation of the Senior Civil Servant Corruption Investigations Unit would have proceeded if the execution of the arrest warrant had been carried out without the security service being blocked?

[Kim Sung-soo]
If the suspect's personal safety was secured through the execution of an arrest warrant, the Senior Civil Servant Corruption Investigations Unit would have ultimately led to the interrogation of the suspect against President Yoon Suk Yeol. According to the newspaper, the Airborne Service would have considered whether to request an arrest warrant within 48 hours, and if the warrant was requested, the court would have an opportunity to make each claim with a warrant date, so it could have been a more specific opportunity for President Yoon Suk Yeol to make a more specific claim on the current case.

[Anchor]
Also, if you look at the manpower that executed the warrant, there were 30 personnel from the Senior Civil Servant Corruption Investigations Unit and 120 police personnel, a total of 150. What role did each of them play?

[Kim Sung-soo]
First of all, in the case of the Senior Civil Servant Corruption Investigations Unit, it can be said that the manpower consisted of the Senior Civil Servant Corruption Investigations Unit and investigators, but even if all of these personnel are combined, the number is actually very small. As a result, it seems that there was a request for cooperation from police personnel because there were rumors that conflicts with supporters or security agencies were expected during the execution of the warrant. In this regard, there was a claim that it was illegal if the police were to receive investigation command during the execution of the warrant because the Airborne Service did not have the right to command the investigation. Even if there was such a claim, the police would have played a role in cooperating with the safety measures of the Airborne Service under Article 17, Paragraph 4 of the Airborne Service Act, and the Airborne Service would have played a major role in the execution of the warrant.

[Anchor]
The confrontation lasted five and a half hours. The Senior Civil Servant Corruption Investigations Unit declared the suspension of execution at 1:30 p.m. and withdrew, but they said they were concerned about the safety of the site. However, some say that it is justification building for the second arrest attempt by the Senior Civil Servant Corruption Investigations Unit, which way do you think the lawyer is looking?

[Kim Sung-soo]
There seems to be a variety of possibilities. As you said, there was a very confrontation from the early morning, and the first and second cordons were very easy to pass. As a result, there were talks about whether the warrant would be executed on the same day, and since the news came out that the withdrawal was made five and a half hours later, I think it was decided that it was impossible without physical conflict at the end of the day when entering the building of the official residence.

If so, I think that the physical conflict between state agencies was considered very inappropriate, and in this situation, if it is impossible to enforce it for now, I think the Senior Civil Servant Corruption Investigations Unit also reviewed those areas because continuing to build up this form could be an important fact in the process of obtaining an arrest warrant or requesting an arrest warrant in the future.

[Anchor]
It also put forward Articles 110 and 111 of the Criminal Procedure Act, the legal basis for the Security Service to prevent the execution of warrants. What's this about?

[Kim Sung-soo]
Let me explain from Article 110 of the Criminal Procedure Act. Article 110 of the Criminal Procedure Act stipulates military secrets and confiscation, and places requiring military secrets cannot be seized or searched without the consent of the person in charge. In addition, in the case of Article 111, there is a provision that a public official or a former public official cannot be confiscated without the consent of this part.

Therefore, there are cases where the security service did not allow the search or seizure of the presidential office or the presidential safe house because of Articles 110 and 111 of the Criminal Procedure Act. In this regard, this time again, in order to arrest President Yoon Suk Yeol, it was necessary to determine the location of President Yoon Suk Yeol and to enter the building, but for that to happen, a search through a search warrant was necessary.

So, through this part, there was a story that eventually, the fact that it could not be searched for reasons of Article 110 of the Criminal Procedure Act would become an issue. And unlike the current one, the seizure and search warrant was previously a search warrant, and the seizure and search of objects and certain records became an issue. In this case, it was an arrest warrant and it was about the president, right?

Therefore, there is a legal conflict over this because the Security Service claims that Article 5 of the Presidential Security Act is based on traffic management, maintenance of order, and safety measures in the security area.

[Anchor]
However, these two provisions do not apply to this arrest warrant, the warrant judge stated in the arrest warrant. There was a controversy between the Senior Civil Servant Corruption Investigations Unit and President Yoon's lawyers over this, so please point this out as well.

[Kim Sung-soo]
In this case, as I mentioned earlier, arrest and search warrants were issued, and Articles 110 and 111 of the Criminal Procedure Act were at issue as to whether the search could be conducted. However, in the case of Article 111, since it is a regulation that confiscates or searches for goods, Article 110 of the Criminal Procedure Act was considered the most important issue in the end.

In the process of issuing the warrant, there was a story that Articles 110 and 111 of the Criminal Procedure Act were excluded from the warrant. If so, there was a controversy over whether the court could exclude this part in advance regarding the contents of the law stipulated by the Criminal Procedure Act, and that is why President Yoon Suk Yeol said that the fact that this part was written violates the integrity of the arrest warrant.

[Anchor]
The expiration date of the arrest warrant is until tomorrow, January 6th. Do you think the Senior Civil Servant Corruption Investigations Unit will go back to execution? If you come out again, when do you expect it to be?

[Kim Sung-soo]
First of all, in the case of a warrant, it is basic to set an expiration date of about 7 days. Therefore, this warrant is also known to be until midnight on the 6th. So, before midnight on the 6th, there was a question of whether the Senior Civil Servant Corruption Investigations Unit would attempt to execute one more time, and if the Senior Civil Servant Corruption Investigations Unit does not execute this part through the security service or supporters again, as I mentioned earlier, it could be a very important fact in this regard, such as requesting an arrest warrant or re-issuing an arrest warrant.

As I said, it's until midnight on the 6th, so if you say you're going to do it in the end, there's only today or tomorrow. If you're going to do it today, there's a question of whether you're going to do it this morning because we did it last morning, and tomorrow, it's the last day of the warrant's expiration date, so there's a part where the security of supporters and security agencies can be increased, so today was the most likely day. Given that no movement has been reported so far this morning, I think the Senior Civil Servant Corruption Investigations Unit is reviewing various other things.

[Anchor]
Since the time is until midnight tomorrow, the Senior Civil Servant Corruption Investigations Unit is expected to continue to struggle. However, if the execution is not carried out within the expiration date, the Senior Civil Servant Corruption Investigations Unit is more likely to request a warrant again or the pre-arrest warrant mentioned earlier. Which one do you think is more likely?

[Kim Sung-soo]
The Senior Civil Servant Corruption Investigations Unit is also thinking a lot about it and I don't think it's something I haven't decided yet. It seems that we have no choice but to think about whether we will be able to obtain another arrest warrant and try to arrest it again is more helpful in the progress of the court or related cases, or, as I said, if we apply for an arrest warrant, we will have detailed answers to various facts from President Yoon Suk Yeol during the warrant review process, so we have no choice but to think about whether we will try to make the case proceed a little faster.

There will be concerns about whether to re-execute the arrest warrant today or tomorrow, and if the execution is not carried out, I think there are many possibilities to think about what to do about it.

[Anchor]
There was also a dispute over the jurisdiction court requesting a warrant. Last time it was the Western District Court. How will the jurisdiction court you claim be determined?

[Kim Sung-soo]
Articles 26 and 31 of the Corruption Investigations Unit Act can also be seen as an issue in this regard. In Article 31, it is stated that in cases where a prosecutor of the Senior Civil Servant Corruption Investigations Unit files a prosecution, it shall be under the jurisdiction of the Seoul Central District Court, but it can be filed with another court in consideration of the crime location, location, and special circumstances of the accused.

In addition, in the case of Article 26, the case is to be sent to the prosecutor belonging to the Seoul Central District Prosecutors' Office for that part where the prosecutor of the investigation office cannot prosecute this part. Therefore, since the Seoul Central District Prosecutors' Office's response court is the Seoul Central District Court, there is a controversy over whether the Senior Civil Servant Corruption Investigations Unit should have become the Seoul Central District Court when it requests a warrant or makes a request to the court. However, as I said, the jurisdiction of the trial and the sending to the Seoul Central District Prosecutors' Office are specified, and there are parts that cannot be seen as clearly under which jurisdiction the warrant request should be made.

[Anchor]
Regarding the failure to execute the arrest warrant, there are criticisms such as whether the investigation was weak in cooperation with the Senior Civil Servant Corruption Investigations Unit, or whether it is necessary to take more manpower at all. What do you think about this?

[Kim Sung-soo]
It can be said that the number of personnel itself is how many people have been put in, and this is also an indicator of various willingness to investigate.Even in this case, if there are about 150 people who entered the cordon, such as the official residence, the road inside, etc., it is not a small number at all.

And if there is a conflict with the security service in the absence of this enemy personnel at all, someone may be injured in the end. This physical conflict between state agencies inevitably causes someone to be injured, so the security service and the Senior Civil Servant Corruption Investigations Unit are forced to withdraw. It seems a little difficult to conclude like this, and in the case of the Senior Civil Servant Corruption Investigations Unit, there is a lack of investigation capability or continuous lack of investigation capability in this case. Since this is a situation where this kind of story comes out, we have no choice but to be more active even considering such a view, but nevertheless, physical collisions were inevitable, I think we should interpret it like this.

[Anchor]
Then, is there anything the Senior Civil Servant Corruption Investigations Unit did not expect that so many personnel would resist?

[Kim Sung-soo]
The number of people in the security service itself must have been able to grasp some extent, whether it was the police or the airborne office. There was a situation where some dispatched from the military came out, and there was also a situation where the police were dispatched, right? If so, I could understand that there would be a certain amount of manpower inside the Senior Civil Servant Corruption Investigations Unit, but if we reviewed the compulsory event by putting in more manpower than that, as I said, a physical collision could eventually cause someone to get injured.

If that happens, the president of Yoon Suk Yeol claims that the execution of the arrest warrant itself is illegal, so it could be an issue such as obstruction of public affairs. So, even if there are situations in which each other claims that they are obstructing the execution of public affairs, I think we have to be more cautious and cautious.

[Anchor]
In addition, the special investigation team of the National Investigation Headquarters of the National Police Agency booked the chief of security and the deputy chief on charges of obstructing the execution of special public affairs and asked him to appear again. Do you think you'll be present? What kind of investigation will take place if you attend?

[Kim Sung-soo]
As far as I know, in the case of the head of security and the deputy head of the department, he replied to the police's notification that he could not attend because he could not leave the president's side until the expiration date of January 6. And if the situation is not over even if it is after January 6, the head of the security service and the deputy head of the department may have no choice but to think about whether to comply with the notice of attendance. If it becomes an issue to not attend, there is considerable reason to suspect that 2 is a warrant arrest under the Criminal Procedure Act 200 and there is a possibility that the arrest warrant is issued if there is a reason to refuse or fail to attend without justifiable reasons. There may be concerns, but when requesting an arrest under this warrant, there is likely to be a dispute over the interpretation of whether such an answer from the security service or the deputy director is not attending without justifiable reasons in the court, so there are likely to be various legal issues, so I think I have no choice but to think about how long the investigative agency will attend and send them.

[Anchor]
There are a lot of pending issues, but we have to wait and see the relevant situation as the execution of the arrest warrant is valid until tomorrow. This time, let's look at the progress of President Yoon's impeachment trial. So far, there have been two preparatory sessions. Now, the pleading date will begin on Tuesday and Thursday, so please tell us the difference between the pleading preparation date and the pleading date.

[Kim Sung-soo]
The date of pleading can be seen as a full-fledged date, and in the case of the date of pleading preparation, it can be seen as a date that sets a big framework for how to proceed with the case as a whole. Therefore, in the preparatory period for the defense, the National Assembly, the National Assembly on the claimant's side, and the President of Yoon Suk Yeol on the respondent's side each have this factual relationship and some legal issues on this part, and suggest how I will prove it.

So, since it can be a process of preparing the overall framework through this hearing preparation period and proceeding according to the framework on each date, there are parts where the hearing preparation period is important, and the current hearing preparation period will be completed in two sessions, and then the hearing period will proceed, so I think the answer will probably be made more actively now.

[Anchor]
The National Assembly's impeachment committee and President Yoon's representatives will face off. What size and who are they each composed of?

[Kim Sung-soo]
The National Assembly can be seen as a claimant, and in the case of the National Assembly, the prosecution committee member is Chung Chung-rae, chairman of the National Assembly's Legislation and Judiciary Committee. In addition, the National Assembly's representatives consist of lawyers Song Doo-hwan and Kim Yi-soo, who served as co-representatives and constitutional judges. And on the part of the respondent, President Yoon Suk Yeol, Bae Bo-yoon, a former constitutional researcher, Bae Jin-hwan, a judge-turned-lawyer, Yoon Gap-geun, a former high prosecutor, and lawyers who recently submitted additional appointments are drawing attention to what role these lawyers will play.

[Anchor]
The arguments of the two sides are very tight. Can you point out the core logic of what the defense of the president of Yoon Suk Yeol is making?

[Kim Sung-soo]
In the end, the most important part of the impeachment trial was whether there was any violation of the law or constitution. And the question is whether the act is so important that it leads to dismissal. So, the National Assembly submitted about five issues regarding the alleged violation, and the Constitutional Court once again organized the issues to about four.

Then, the National Assembly will argue that each of these four facts is a violation of the constitution, and the president of Yoon Suk Yeol will argue that it is not a violation of the constitution, and that it is not a violation of the constitution. Through the process of presenting the facts on the fact that each side can be trusted more, and there will be work to specify even these parts.

[Anchor]
There was also news that the Constitutional Court adopted the National Assembly's request to secure the December 3 emergency martial law investigation records. What does this mean?

[Kim Sung-soo]
As I said before, proving the facts is the most important part.The National Assembly has requested to secure the current 12.3 emergency martial law investigation records. The part of securing this investigation record is that in the case of President Yoon Suk Yeol, there are not many parts that can be called investigation records because there has been no actual investigation of suspects, but the investigation into former Minister Kim Yong-hyun and each commander has been filed.

As a result, the Constitutional Court said that the investigation records, which have been prosecuted, should be used to identify and prove the facts, and President Yoon Suk Yeol seems to have argued that the acquisition of the records should not be sent for various reasons under the Constitutional Court law, but the Constitutional Court will accept the National Assembly's request to secure the investigation records.

[Anchor]
Now, the defense preparation process has ended, and the impeachment trial will begin in earnest from the 14th. I wonder how you think the Constitutional Court's impeachment trial will proceed in the future and whether President Yoon will express his intention to attend.

[Kim Sung-soo]
In principle, the parties should attend on the pleading date, and if they do not attend, they can proceed through an agent. Therefore, if the Senior Civil Servant Corruption Investigations Unit is considering arrest, warrant arrest, or emergency arrest in the process of attendance, the process could also be a problem. Therefore, President Yoon Suk Yeol has no choice but to think about that comprehensively, and on the issue, there are also disputes that there has been a change in the prosecution resolution regarding the crime of rebellion, so it seems that there will be a judgment on each argument through legal settlement.

If the prosecution resolution is changed and it is not changed by the procedure, there may be legal disputes over that because there are parts where judgment should be put on hold. First, the claimant and the respondent expressed their respective arguments and argued about these parts in the process of the Constitutional Court. Then, ask them to submit something more as evidence of this or clarify what the basis for the claim is. There are parts where you can order even these parts, so you will have to watch various situations.

[Anchor]
Now there is news that the Constitutional Court, which has an eight-member system, will hold its first meeting of judges tomorrow. In addition to the presidential impeachment trial, there are many pending issues in the Constitutional Court. What will be discussed in this meeting?

[Kim Sung-soo]
First of all, I think the most important content of the discussion is how to proceed with the pleading date. However, as you said, there are some impeachment judgments against Prime Minister Han Deok-soo right now, so if there is a part that needs to be carried out quickly, I think there will be a comprehensive briefing on that part because we can think about how to deal with it and have each decision.

[Anchor]
That's all for today's talk. So far, I have reviewed the possibility of re-execution of arrest warrants with lawyer Kim Sung-soo and legal issues related to the impeachment trial. Thank you for talking today.

[Kim Sung-soo]
Thank you.