Senior Civil Servant Corruption Investigations Unit "Arrested by Police"...The police virtually reject it.

■ Host: anchor Lee Ha-rin, anchor Jeong Jin-hyung
■ Starring: Baek Jong-gyu, social affairs reporter, lawyer Kim Kwang-sam

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

[Anchor]
Today, the deadline for the execution of an arrest warrant against Yoon Suk Yeol's president, the Senior Civil Servant Corruption Investigations Unit decided not to re-enforce it and to extend the validity of the arrest warrant. So, the second round of the so-called 'arrest attempt' is expected to begin. However, this time, not only political circles but also investigative agencies are engaged in legal battles over whether the police execute the arrest warrant or the Senior Civil Servant Corruption Investigations Unit. Related News Let's take a closer look at the details with Baek Jong-gyu and Kim Kwang-sam, a lawyer in the Ministry of Social Affairs. Hello. In the end, I don't think it'll be easy to arrest him today. The Senior Civil Servant Corruption Investigations Unit and the police have set up a joint investigation headquarters, but it seems that cooperation is not working well.

[Reporter]
It's a joint investigation headquarters because they're investigating together. However, the Senior Civil Servant Corruption Investigations Unit sent an official letter this morning saying that it will appoint the executive authority of President Yoon to the National Investigation Headquarters. The Senior Civil Servant Corruption Investigations Unit received it last night. The police said they received it this morning. Lee Jae-seung, deputy director of the Senior Civil Servant Corruption Investigations Unit, explained this at today's briefing. The Senior Civil Servant Corruption Investigations Unit said that the professor of Article 81 of the Criminal Procedure Act applied the enforcement regulations to the command of the execution of arrest warrants under Article 200 of the same Act.

According to the Criminal Procedure Act, the arrest warrant is executed by a judicial police officer under the direction of the prosecutor. "The command means that you can entrust the execution of the warrant to a judicial police officer," he explained. The role of the Senior Civil Servant Corruption Investigations Unit is to present a warrant, notify the point of the suspect, the reason for arrest, and the right, and then take over the recruits. He said that the role can be done through the execution of the warrant to the police. At the same time, he said that it comprehensively considered the police's expertise in executing warrants and the uniformity of the field command system. I also mentioned that it was determined that the execution should be entrusted to the national government to proceed with the procedure quickly and efficiently.

[Anchor]
It seems that there is criticism that the controversy has come out and that the Senior Civil Servant Corruption Investigations Unit has been passive in executing the arrest warrant on the 3rd, even though it has been noisy all day due to this issue.

[Reporter]
That's right. Criticism is being raised over the fact that the Senior Civil Servant Corruption Investigations Unit ordered the case to be transferred, but now the police decided to execute the warrant. Some pointed out that if an incident such as armed conflict occurs during the execution of an arrest warrant, the responsibility may be passed on. On top of that, they answered that there are 50 people at the most and 30 on-site personnel, including the Senior Civil Servant Corruption Investigations Unit, prosecutors, and investigators. Considering the unity of the on-site command system, he also mentioned that the police will be able to overpower and execute what they will quickly overpower. The National Defense Agency, which has a unified command system, said it thinks it is efficient to set policies such as on-site arrest.

Regarding the controversy over illegality, he said that even if a general prosecutor of the prosecution office requests an arrest warrant and is issued, the prosecutor does not always go out. He also explained that if the prosecutor fails to secure the suspect even after investigating the suspect, the police officer who finds the suspect's whereabouts can arrest him if he stops prosecution and requests an arrest warrant. However, this part that the Senior Civil Servant Corruption Investigations Unit said seems to be legally controversial.

[Anchor]
The National Police Agency also expressed its position on delegating arrest warrants to the Senior Civil Servant Corruption Investigations Unit. Let's listen to it first and continue with our appearance.

[Anchor]
According to the police announcement, the main body that executes the arrest warrant is still the Senior Civil Servant Corruption Investigations Unit. Then it's going back to the way it was.

[Reporter]
That's right. It's like going back to the way it was. The police actually did not accept the proposal from the Senior Civil Servant Corruption Investigations Unit. In fact, he expressed his intention to reject it.

[Anchor]
So it ended with happening?

[Reporter]
That's right. As a result, yes. Later, we talked to the reporters without a camera because it was called a back briefing. An official of the special team emphasized that the execution of the arrest warrant is clearly the Senior Civil Servant Corruption Investigations Unit. It was judged that there was a legal problem in appointing the executive command police. In the meantime, he said that the police had never executed a warrant issued by the prosecution in the past. He then mentioned that he did not expect the Senior Civil Servant Corruption Investigations Unit to send such an official letter.

After receiving the official letter, the police explained that they spoke to the Senior Civil Servant Corruption Investigations Unit in the morning and discussed it, but the Senior Civil Servant Corruption Investigations Unit also agreed to go out if the Senior Civil Servant Corruption Investigations Unit and the police re-execute it under the main system. There was no separate story about the case. The police agreed to "maintain the system of the Joint Investigation Headquarters with the Airborne Agency." And he also said that "the subject of the arrest warrant is still the Senior Civil Servant Corruption Investigations Unit. We will investigate together." In addition, the police announced that they would actively arrest the security service staff if they prevented the execution of the second warrant. When the security service was executing the warrant, it even mobilized soldiers when it stopped them. I also came up with this explanation.

[Anchor]
Have you had any conversations with reporters since the announcement?

[Reporter]
What the police have mainly said is that they actually expressed their intention to reject it, and as mentioned earlier, the subject of the arrest warrant is still the Senior Civil Servant Corruption Investigations Unit. And we will continue to investigate together. So the main content was to go back to the past. I talked about the bodyguard, and if the bodyguard stops me, I will actively arrest the bodyguard staff. These were the main contents.

[Anchor]
In the end, what the Senior Civil Servant Corruption Investigations Unit revealed this morning, we will lead the investigation, so the police should arrest them directly. I expressed this position and the legal controversy was pointed out at the police briefing. Which part is it?

[Kim Kwang Sam]
The police have been criticized a lot for their ability, expertise, and competence in investigations. However, in the tremendous case of an investigation into the crime of civil war against the president, he is struggling without proper expertise and without proper legal review. First of all, didn't the first warrant execution end in failure? There is room for a second round of execution. Today, the validity of the first arrest warrant itself ends today. That's why I'm going to get an arrest warrant again. It's for them to receive the issuance and the police to take care of the execution.

But how can they completely entrust the police with the arrest warrant they received? If an arrest warrant is issued, the main body of the execution of the arrest warrant should be the Senior Civil Servant Corruption Investigations Unit. But they'll take the order, so the police will execute it? I'm using the word "one's responsibility". This mandate itself is not a legal term. Then can they delegate their work to other investigative agencies? This doesn't make sense. The second thing is to say is command, but the Senior Civil Servant Corruption Investigations Unit currently does not have the authority to direct judicial police officers, legally. And before adjusting the investigative power of the prosecution and police, the Criminal Procedure Act now allows judicial police officials to execute warrants under the direction of the prosecution.

However, as the prosecution and police were adjusted, the police's investigation rules eliminated the rules for prosecutors to lead judicial police officers. As a result, the prosecutor is unable to lead. Maybe it's such a simple rule, but they can't even check this and they'll get a warrant, so execute it. If they execute it again, they will investigate it themselves. The investigation continues, but that seems self-evident. We have no expertise in arrests. That's why the police told me to do it. So I'm walking very far and I'm continuing to act against the law.

That's why the Joint Investigation Headquarters is a joint investigation, and it's done by helping each other. However, the subject of the warrant application must be determined whether it should be issued. It is also a question of whether the Senior Civil Servant Corruption Investigations Unit has the authority to investigate the current rebellion. Also, even if you investigate and find a new person, you can't prosecute it under the Corruption Investigations Unit Act. Then I have to send it to the prosecution. So it's a very deformed structure, so we have to look at it like this. So, in fact, only the police can investigate without any controversy right now.

However, because I tried to do this too expediently, these problems are continuously occurring. It is also a question of who is the subject of the execution of the warrant. And this is also very controversial as to what to do if we secure a recruit for the president. So, the president is refusing to do this regarding the subject of the investigation, whether it is the execution of the warrant. It's a return to the original principle. Don't use this expedient.

[Anchor]
If you look at the part where the legal controversy was pointed out at today's police briefing, it is a cross-section with the part pointed out by the president last week. Nevertheless, the president also criticized today's announcement, saying, "Are you subcontracting the construction?"

[Kim Kwang Sam]
So, I think the Senior Civil Servant Corruption Investigations Unit is making this controversy. Of course, there are quite a few things that the president claims don't make sense. However, there is a part where it does not make sense to argue that the subject of such an investigation and whether it is the execution agency of an arrest warrant or not, and that it is legally wrong. Then, who else will be forced to investigate and arrest new recruits? But who can comply with this and execute the execution of the warrant for such a flaw?

That's why we need to get rid of this controversy. Didn't you go back to square one? The Senior Civil Servant Corruption Investigations Unit will be the subject of the investigation and the execution of the arrest warrant. But the first execution failed. However, from the president's point of view, he is thoroughly doing the quadruple act and even hitting barbed wire. Also, in some cases, at least 30 to 40 people may be in the presidential residence when lawmakers of the People's Power try to execute arrest warrants. Then, there were no first executions or lawmakers, but the second execution is more firmly guarded by the presidential security office, so will the second execution be successful? I think that these things continue to take time and there is controversy because they do not follow the principle of principle.

[Anchor]
As you have said, the Senior Civil Servant Corruption Investigations Unit has not produced any significant results since its launch, but this time, it has shown a strong will to investigate President Yoon.

[Reporter]
That's right. It took a long time, too. This time, the expiration date of the execution of the arrest warrant expires today. It will be completed at 12 o'clock tonight. However, he announced that he would entrust the police with the execution of the warrant without properly reviewing the law. And then I withdrew it again in seven hours.

The Senior Civil Servant Corruption Investigations Unit protested that it sent such an official document because it judged that the prosecutor of the Senior Civil Servant Corruption Investigations Unit did not exclude the authority to execute the warrant against the police. However, they agree with the police in that they should not leave a small controversy. So I said, "Let's go back to the beginning."

He actually reversed his decision to entrust the police with the execution of arrest warrants. Criticism has been raised against the Senior Civil Servant Corruption Investigations Unit, which made such a choice, such as a lack of willingness to investigate and lack of strategy. In fact, some point out that the Senior Civil Servant Corruption Investigations Unit has recognized the limitations of its investigation capabilities. It seems difficult to avoid criticism that the Senior Civil Servant Corruption Investigations Unit, which has been confident and asked to transfer the case, has only wasted time.

[Anchor]
As you told me, I went back to the beginning. In the end, the Senior Civil Servant Corruption Investigations Unit and the police have to execute arrest warrants together, but even if the second arrest warrant is executed, the security agency is now building a stronger security network. We have a picture prepared, so it would be good to explain it while looking at it. It also has a barbed wire fence and a car wall has been built as a quadruple. Then I think the same situation will be repeated or even more blocked.

[Kim Kwang Sam]
I think that's where the police's willingness to arrest, whether it's the Senior Civil Servant Corruption Investigations Unit, will depend. Isn't that why we have 200 bodyguards? If you try to penetrate 200 people, you'll need at least three times as many people as I can see. Moreover, you'll need a specially trained police officer like that. There is a question of whether to use that line to arrest him or not. So, for example, the police have a lot of manpower. Then you'll be able to do it if you decide. However, it would not be easy to consider such things because there is a high possibility of accidents in the execution process, so look at it like this.

Moreover, aren't you saying that the security service will protect you more like an ironclad person unlike last time? It becomes a question of how to pierce this. Personally, I'm getting an arrest warrant again now. Then, the airlift will issue this again. And when it is executed, it should be executed with the help of the police, but the president continues to talk about the illegality of the arrest warrant. Moreover, in principle, a warrant should be issued by the Central District Court, but this is not illegal in my view because I got it from the Western District Court. But if you think it's a trick, don't you mean you're going to keep responding to it?

So, at this level, it is right for the Senior Civil Servant Corruption Investigations Unit to withdraw from the investigation and transfer the case to the police without controversy. So if you try to secure a recruit, the police should apply for an arrest warrant or an arrest warrant and get it. If that's not the case, I'll have to consult with the president. So I'll set the schedule for the investigation. If the president refuses to do so, it is right to review the forced investigation at that time, so in fact, if there is such a controversy, it is right to go back to square one, and it is right to follow the principles in accordance with the procedures stipulated in the law, I think so.

[Anchor]
Is there no legal problem with such a barbed wire fence and several layers of car wall?

[Kim Kwang Sam]
There is no problem with that in itself. Just how much physical force you exert when you try to execute a warrant, and accordingly, whether it is an obstruction of the execution of special public affairs, or in the case of the security chief, there are other charges of abuse of authority in the Security Service Act against senior officials. Abuse of authority under the Security Act and abuse of authority under the Criminal Act. You can apply that. I would like to inform you that Moon Sang-ho, the commander of intelligence, was arrested and charged a little while ago, that is, handed over to trial. I'll give you more detailed news as soon as I get it.

[Anchor]
In the meantime, Yoon Suk Yeol's lawyers have also expressed their position on the delegation of arrest warrants by the Senior Civil Servant Corruption Investigations Unit, and a recording of this part is prepared. We'll continue with our appearance after listening to the recording.

[Anchor]
In the end, the president's position is that the issuance of an arrest warrant itself was wrong in the first place, right?

[Reporter]
That's right. However, the president's argument has continued. It's been consistent. President Yoon Suk Yeol does not have the right to investigate rebellion at the Senior Civil Servant Corruption Investigations Unit. However, the Senior Civil Servant Corruption Investigations Unit continues to make arbitrary interpretations and insist that it has the right to investigate. I made the argument like this. Therefore, it is emphasized that the warrant issued by the court cannot be recognized as effective. He also explained that the fact that the Senior Civil Servant Corruption Investigations Unit entrusted the execution of the warrant to the police could be a matter of validity of the warrant.

[Anchor]
You're saying you can't transfer because you don't have the command, right?

[Reporter]
That's right. He also pointed out that there is a lot of legal controversy over whether the Senior Civil Servant Corruption Investigations Unit can order the execution of warrants for personal and arrest of the police. In general, he emphasized that if the Senior Civil Servant Corruption Investigations Unit received a legitimate warrant, the arrest warrant should be executed with the personnel of the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
And the president of Yoon Suk Yeol reportedly filed a complaint with the prosecution against 11 people, including Senior Superintendent of Airborne Affairs Oh Dong-woon, what is the reason for the complaint?

[Reporter]
Yoon Suk Yeol's legal representatives filed a complaint with the Seoul Central District Prosecutors' Office this morning. Lawyer Song Jin-ho submitted a lawyer to file a complaint. The targets of the charges include Senior Superintendent of Police Lee Ho-young and Vice Minister of National Defense Kim Sun-ho, in addition to Senior Superintendent of Public Transportation Oh Dong-woon. The agents heard the reason that the Senior Civil Servant Corruption Investigations Unit was leading a special police team even though the Senior Civil Servant Corruption Investigations Unit did not have the authority to lead the police investigation. He claimed that he attempted to execute an illegal arrest and search warrant for President Yoon. In accordance with the Presidential Security Act, Lee and Kim refused requests from other security chiefs to increase their manpower. Therefore, he claimed that he was accused of dereliction of duty and abuse of authority.

[Anchor]
The presidential security chief who blocked the first attempt to execute the warrant. Yesterday, I made a very unusual statement myself. We'll continue to appear after hearing this.

[Anchor]
It's unusual for the security chief to announce his position, but it's even more unusual to reveal his face and video message like that. But now that additional security officials are being booked, how should we look at this situation?

[Kim Kwang Sam]
Even if you book and summon them, they're not responding to the summons. We can't comply with the summons because we have to be faithful to our security duties. It will continue to be like that. Even more so, President Yoon's security will be strengthened at the security office, look at it like this. However, although various charges have been filed, there is room for the police to see whether the execution of the warrant itself is not appropriate in the process, and whether it was requested by the Western District Court without requesting the Central District Court. But this itself is illegal or illegal, you can't see it like this. Moreover, arrest warrants are now illegal in the presidential office. And they claim that it is illegal to execute with the police, but the Senior Civil Servant Corruption Investigations Unit cannot direct the police, but they can ask for help with the investigation. So within that range, I don't think there's any problem with going to execution with the police. But the president is trying to make this an issue and argue that it's something illegal, so he's trying to make it very justifiable to reject the arrest warrant and to resist it.

[Anchor]
If the security service prevents the execution of the warrant, it is also considering arresting the current criminal.

[Kim Kwang Sam]
In principle, I thought it was very likely in the first round of execution. But I didn't do that. However, it seems that the police asked the Senior Civil Servant Corruption Investigations Unit to arrest the current criminal at that time. However, it seems that the Senior Civil Servant Corruption Investigations Unit stopped the arrest for now with the intention that no mishap should occur. So I don't know what's going to happen this time. So, don't I have various issues and experiences in the first round of execution? I think that there is a possibility that the results will vary depending on how the Senior Civil Servant Corruption Investigations Unit and the police actively respond to it.

[Anchor]
Whether it is on the president's side or the investigative agency, the problem should be solved quickly someday, but some members of the ruling party seem to have this argument. It is said that the method of being investigated by the police in a third place, such as a presidential safety house, is also being discussed. What do you think about the feasibility of this?

[Kim Kwang Sam]
However, if you try to execute an arrest warrant, but you are blocked by the force majeure of the security office, there is no possibility of executing an arrest warrant as a result. I think I got the second order. I failed again to make an arrest. Third? I don't think so. Then, if the arrest warrant is not executed in the second round, the next step is a preliminary arrest warrant, but I don't think this is easy. In particular, if the Senior Civil Servant Corruption Investigations Unit said it would investigate, the arrest warrant for the president itself this time was not collected by the Senior Civil Servant Corruption Investigations Unit themselves. In the end, the prosecution attached the data of the investigation into the military leadership of former Minister Kim Yong-hyun, and some of them were issued because the police requested an arrest warrant based on the investigation data related to Seoul Metropolitan Police Agency chief Kim Bong-sik. However, he didn't do it on his own with the investigation by the Senior Civil Servant Corruption Investigations Unit, but he just requests a preliminary arrest warrant without a presidential investigation? Then there's no face-to-face survey of the president. All the second data I have were received from the prosecution and the police. Then, if you look at the actions of the Senior Civil Servant Corruption Investigations Unit so far, I don't think it's enough to boldly request a preliminary arrest warrant. Then, as a result, if you receive a second arrest warrant and fail to execute it, you have to transfer the investigation to the police completely.

[Anchor]
The lawyer said that unlike the arrest warrant, it will be difficult to request an arrest warrant. However, the president can confidently take action if there is going to be a substantial examination of the arrest warrant. I'm revealing it like this. How should I look at the president's position?

[Kim Kwang Sam]
If you request an arrest warrant, it is difficult for the president not to go out.

[Anchor]
Is it because of the warrant review?

[Kim Kwang Sam]
That's right. Arrest warrants and arrest warrants are different. Arrest warrants come to the residence to arrest, and arrest warrants are done by the court. It won't be easy for the president to go this far. However, there are parts such as whether the investigation is mature enough to request a preliminary arrest warrant or is it ripe. But I requested a warrant without it. The president has gone to review the arrest warrant. The warrant has been dismissed. This has an unimaginable aftermath.

[Anchor]
Do they think it will be rejected even if it is claimed?

[Kim Kwang Sam]
I can't predict that it will be dismissed. However, there is a part about whether such an investigation is ripe enough to arrest the president or not, so there is a question mark about whether the Senior Civil Servant Corruption Investigations Unit can claim a preliminary arrest warrant with confidence.

[Anchor]
I see. I'll cut it down here due to the time. So far, I've analyzed it with lawyer Kim Kwang-sam and reporter Baek Jong-gyu. Thank you both.