[News Now] Reissuance of President Yoon's arrest warrant...When is the second execution of the Senior Civil Servant Corruption Investigations Unit?

2025.01.08. PM 12:53
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■ Host: Anchor Lee Ha-rin, Anchor Jung Ji-woong
■ Starring: Attorney Lim Joo-hye

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

[Anchor]
The court issued a warrant for Yoon Suk Yeol's president's arrest again last night.

[Anchor]
As Oh Dong-woon, the head of the Airborne Division, said, "I am determined that the second warrant execution is the last," attention is being paid to the timing and method of execution. Let's talk with lawyer Lim Joo-hye. Welcome.

[Anchor]
It is possible to execute an arrest warrant today, but the expiration date of this second arrest warrant is not known. You're doing this on purpose, right?

[Lim Joo-hye]
I think that's what it looks like. When you originally request an arrest warrant, you can make a claim by writing down the expiration date of how long this arrest warrant is valid. Usually, it is based on 7 days, but if you need more than 7 days, you can make a claim with the reason.

However, when the first arrest warrant was issued and the execution was attempted, the validity period was 7 days from the beginning, but in fact, it cannot be regarded as special information. It is said that it usually has a validity period of seven days, but if this part is disclosed internally, it has effectively made it clear when to attempt arrest except for weekends. As a result, the execution date of the arrest warrant was disclosed, and the execution failed in the end. I think I probably extended that period rather than 7 days.

[Anchor]
It is said that the arrest warrant also included the exclusion related to Articles 110 and 111 of the Criminal Procedure Act, but as in the first round, President Yoon's opposition is expected, right?

[Lim Joo-hye]
That's right. There will be a backlash. This time, it's actually about an arrest warrant, but for arrest, you need to search anyway and find where the person is, so an arrest warrant and a search warrant are included together. At this time, even when we tried to search and seizure, the president's office confirmed that this part could not be confiscated without the consent of the person in charge because it was a military secret or official secret.

In this case, there seems to be no disagreement that the relevant provisions of the Criminal Procedure Act apply to confiscated objects, military secrets, or official secrets.

However, the search this time is not targeting any confiscated objects, but people and people, but the majority of the people who issued the warrant now claim that the provisions of the Criminal Procedure Act do not apply to the search process to find this person, and if this part is included in the warrant again, it has now been confirmed that the provisions are excluded from the search for people at least in the process of finding people and in the process of arrest. As you can see, in fact, I think President Yoon Suk Yeol will argue once again that it is illegal to explicitly exclude at the discretion of a court or judge what is stipulated in a law.

[Anchor]
Barbed wire fences are also installed around the residence and several layers of car walls are made up, and Senior Civil Servant Corruption Officer Oh Dong-woon said, "I will prepare thoroughly thinking that the second execution is the last." What measures do you think you will take?

[Lim Joo-hye]
That's right. At the time of the first execution, there were already criticisms that the Senior Civil Servant Corruption Investigations Unit was too complacent in preparation. That's inevitable because it was predicted that the security service would also block arrest to some extent. Nevertheless, there were criticisms that the Senior Civil Servant Corruption Investigations Unit could not properly predict the execution and lacked preparation, so I think I will do my best as long as the arrest warrant is issued again and I get another chance.

However, at the time of the first execution, at least the main gate and such parts were passed. However, if you look at the video and photo data shown now, the first and second lines have already been built. Large buses are blocked, and the outside is filled with barbed wire, and later on, there is a possibility that a lot of people, people in the security services, literally build a human wall.

[Anchor]
This is the picture of the last 3 days, when the first arrest warrant was executed. On the 6th, we are showing you several layers of car walls.

[Lim Joo-hye]
If so, it seems more difficult to break through this at the moment, so we will take measures such as pulling out a certain number of people through the police's special forces or the arrest of the current criminal. If one person is arrested, at least four people will be put in to make the arrest, which is also for safety.

In a way, it is necessary for safety to run away or to execute as a more overwhelming majority to prevent physical conflict, so I think we will try to break through the cordon through all-round pressure, especially with the cooperation of the police.

[Anchor]
Last time, we watched the first and second cordons break through together, but this time, the security service is blocking the entrance to the official residence from the first round. Isn't it more likely that there will be more physical collisions?

[Lim Joo-hye]
I'm very concerned. It looks like a situation where physical collisions can occur. It is possible to speculate that the installation of large barbed wire fences on the mountain road is to prevent attempts to enter indirectly. If the car wall is installed like that in the front, there are many stories about whether bigger cranes will reveal the car or whether a large number of personnel will physically push in at once, or whether they will be put in the air through the deployment of commandos or helicopters, but all of these issues have the possibility of a physical collision, so preparation for this is also essential.

[Anchor]
Last time, the police were blocked by the security service personnel, so this time, if the security service personnel were blocked, they would arrest the current criminal. What do you think of the possibilities?

[Lim Joo-hye]
When it comes to the arrest of a current offender, if there is a warrant issued anyway and you try to impede this part by using your physical force against the people who are going into execution of this warrant, especially if this obstruction of justice is used by a large number of people, this constitutes an obstruction of the execution of special affairs, and if this is the case, we will arrest the security officers who are doing this as current offenders at this scene where special affairs are currently being obstructed.

In fact, in theory, if a warrant is issued anyway and the process of executing it is prevented by force, there is a possibility of being arrested as a current offender for obstructing the execution of special public affairs. However, if this happens, concerns about the possibility of a physical conflict will be raised again. However, if even a few people are actually arrested, it may be difficult for the security department to carry out this security work more firmly or to prevent the execution of this official.

Therefore, in fact, from the perspective of the Senior Civil Servant Corruption Investigations Unit, there seems to be a good possibility that even some personnel will consider arresting the current criminal.

[Anchor]
Even if we penetrate with such a physical conflict in mind, if there is no President Yoon Suk Yeol in it, wouldn't another phase unfold? Rep. Ahn Kyu-baek and some others are raising such suspicions that President Yoon left his official residence and fled.

[Lim Joo-hye]
Right. Rep. Ahn Kyu-baek of the Democratic Party of Korea got these tips. We're talking about it. So, President Yoon Suk Yeol has already left Yongsan and is in a third place. Therefore, even if an arrest warrant is attempted, it will not be in the official residence. I'm making this argument. In fact, I don't think it's been confirmed at all.

There is no way to know where it is right now, but it doesn't make sense to say that the presidential security agency also fled or all fled. I'm taking this position, but if I don't really stay in my official residence, the execution of the arrest warrant is expected to be more difficult, and this is a situation that we don't know. We have no choice but to wait for the announcement of
.

[Anchor]
Let's wait and see about the execution of the arrest warrant. The Democratic Party of Korea's legal committee has accused five people, including Presidential Chief of Staff Chung Jin-suk and National Security Office chief Shin Won-sik, of running for office, and the presidential office has accused Lee Jae-myung, the leader of the Democratic Party of Korea, of not guilty. Please organize this content.

[Lim Joo-hye]
That's right. In fact, the complaint is continuing like this. So, I was aware of the civil war in advance, and I filed a complaint for civil war because there was something I conspired and helped with. In addition, this is innocent to the Democratic Party of Korea.


It's a situation in which we are responding like this, but usually in this case, it's a kind of show-off rather than exactly to punish each other. In this way, we will take legal action. If I do, I will sue you for innocence as a counterclaim. In fact, such measures should focus more on resolving the current political turmoil and the difficulties of the people's livelihoods, but this can be pointed out as a regret.

[Anchor]
This time, we will also look into the investigation related to Representative Lee Jae-myung. In the case of Daejang-dong, Wirye, Seongnam FC, and Baekhyun-dong held yesterday, Lee Jae-myung and Yoo Dong-gyu, former head of Seongnam Urban Development Corporation's planning division, were stopped by the presiding judge after a snowball fight.

[Lim Joo-hye]
That's right. The hearing took place in the middle of a cross-examination by the former head of the department Yoo, who raised his voice against the representative Lee, and among them, the court appeared to block the war of nerves as they exchanged with each other. Whether the presiding judge is having a snowball fight or staring at each other now, he should not cause a commotion.

It is said that they blocked it like this, but in the end, the angry images of both sides were revealed in the court, and it reached a level where the judge confirmed and blocked this part.

[Anchor]
The Daejang-dong case is actually said to be the most complex trial among the various charges that CEO Lee Jae-myung is facing, but how is the progress going?

[Lim Joo-hye]
So far, only the Wirye has been completed, and the psychology related to Daejang-dong is in progress. In fact, many people say that the first trial is so, when will the conclusion be made? It's still too far to go to the Supreme Court. At least in the first trial, a lot of facts should be sorted out, and both sides should go through a process of showing cards to see what claims they will make, but the date of the first trial is literally a long way off.

The issues are very complicated. Looking at the witnesses and the process of interrogation involved, it can be evaluated that the first shovel has not yet been opened. Therefore, it is very difficult at present to predict the date of the first trial, at least for Daejang-dong and Wirye trials.

[Anchor]
There were also several related trials, so Lee appointed an attorney in the case of suspected remittance to North Korea as a lawyer for the second trial in connection with the violation of the election law. A day before the deadline for submitting the reason for appeal, I submitted a lawyer's appointment and a reason for appeal, raising suspicions that this is a delay in the trial.

[Lim Joo-hye]
That's right. First of all, there was a side that was criticized for the delay due to not receiving proper litigation records. And a lawyer should be appointed, but in fact, it's a different trial. Some of the lawyers for the alleged remittance to North Korea by Lee Jae-myung have been appointed as lawyers for the appeals court in the election law case. If so, some say that it would take so long to appoint a lawyer if the same person and acquaintance were to do it.

In principle, all trials should be conducted fairly and quickly, but submitting a lawyer a day before the deadline for submitting the reason for appeal is a huge disadvantage of not being able to run in the election for a considerable period of time because the election law has already been sentenced to prison and suspended. While this is expected, there is another criticism that it is a deliberate delay strategy.

[Anchor]
In the end, the ruling and opposition parties continue to fight over whether President Yoon's impeachment trial comes first or Lee Jae-myung's trial on charges of violating the Public Official Election Act. And the Democratic Party of Korea said the 633 principle should be applied to the case of alleged violation of the Public Official Election Act, but yesterday, how can it conclude in three months? It's the second trial, but there's a saying that time is too short to do it in three months.

[Lim Joo-hye]
That's right. It's true that a trial takes time. It's important to make an accurate judgment. It's not always good if all trials end quickly, but it's important to properly examine the Constitutional Court's impeachment trial and representative Lee Jae-myung's trials because they are very important, but the speed of the trial and how the clock of the trial now works have become very important as it is linked to political issues.

As you said, in the case of the election law, the 633 principle is a mandatory rule to keep the deadline of six months in the first trial and three months in the appeals court and the Supreme Court. Due to the nature of the election law, the violation needs to be sorted out quickly, but in fact, the six-month principle was not observed even in the first trial.

[Anchor]
It took 2 years and 2 months, right?

[Lim Joo-hye]
That's right. Even if the three-month principle is not observed at the appeal trial, it's hard to think of a way to give a big disadvantage or raise a problem. However, most of the issues have already been sorted out in the first trial. As both sides fought with all their might, I wonder if there will be more cards to play.

If so, I think it is a situation where a conclusion can be reached within three months or at least a very early time, and in the case of the Constitutional Court's watch, considering this importance, I think it should be decided according to the constitution according to the exact principles of the law.

[Anchor]
Realistically, I keep wondering whether the timetable will be properly followed, but what are the variables in the current situation?

[Lim Joo-hye]
In particular, the Constitutional Court is now talking about whether to remove the charges of rebellion during the impeachment trial. There is a lot of talk about the meaning of this withdrawal, but the fact that this December 3 emergency martial law is declared includes the same as before, but there are many things that I believe that there is no need to vote on the impeachment motion again if it is simply a constitutional issue that suppressed the National Assembly or organized only this as a constitutional issue.

However, if it is not meaningful, the charges of rebellion were indicated in the impeachment bill in the first place, but if the president of Yoon Suk Yeol wants to remove this part, he should dismiss it altogether because the problem is too big. It claims that the legal requirements have been flawed, so if the story continues to be about whether this is a legal issue or whether it is possible, it can raise objections or make doubts about the accuracy or legitimacy of the judgment, and it also leaves room for the parties to this trial to continue to raise questions.

Since this part should be avoided, whether or not the crime of rebellion is included in the aspect of this trial's clock can have a significant impact on when the constitutional trial can be completed. This part is actually seen as the full authority of the judges of the Constitutional Court, so I think the Constitutional Court will probably organize it once by the 14th.

[Anchor]
Last but not least, briefly. I've just pointed out the allegations of violating the Public Official Election Act, and the first trial was sentenced around the same time for perjury teachers. How is the perjury teacher charge trial going now?

[Lim Joo-hye]
We're also working on that. As for the perjury teacher, CEO Lee Jae-myung has now been acquitted, so it can be said that the burden has been relatively large, legally, but the prosecution will appeal, and now that it is composed, it has to do this procedure again. However, even if the burden on the appeals court has been eased because the acquittal was relatively innocent, this is also a situation where it has to go to the second trial and the Supreme Court.

[Anchor]
Since the first trial revealed innocence, there is no reason for the ruling party to urge speed. I see. Thank you very much. This has been with lawyer Lim Joo-hye. Thank you.


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