Chief of Security Park Jong-joon, police investigation...Next week's Constitutional Court hearing will be held.

■ Host: Cho Jin-hyuk Anchor
■ Telephone connection: Attorney Seo Jeong-bin

* 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]
Amid the imminent execution of an arrest warrant for President Yoon Suk Yeol, Presidential Security Service Chief Park Jong-joon attended the National Investigation Headquarters of the police yesterday and returned home after an investigation.

[Anchor]
Next week, the first hearing of the Constitutional Court will be held in the case of President Yoon's impeachment.

Let me point out the main issues with lawyer Seo Jeong-bin. It's connected by phone. Is the lawyer here?

[Jeongbin Seo]
How are you?

[Anchor]
How are you?

First, let's talk about the police attendance of Park Jong-joon, the head of the security service. Since there is a high possibility of emergency arrest, the prevailing expectation was that it would not come out, but he attended in a surprise move. What do you think is the reason?

[Jeongbin Seo]
Until the previous day, the prevailing opinion was that they would not comply with the attendance, and since it was an unexpected attendance, there are various opinions about the intention and background. First of all, legally, if you didn't even attend for the third time this time, there was a high possibility that an arrest warrant would be issued. By attending on his own, he prevented his arrest. And it is also true that the possibility of issuing a warrant has been relatively low since then. Some said that the security chief, who had been stubborn about the execution of the arrest warrant, was trying to rally his supporters by raising their sense of crisis while attending the police, and others said that he caught the police off guard who were preparing for an arrest warrant for Park on the premise of not attending. On the other hand, there is also a disagreement within the security office about the execution of an arrest warrant for President Yoon.

[Anchor]
Park has offered to resign and it has even been repaired. As such, the police have not arrested urgently, but there is a possibility of applying for an arrest warrant. You're accused of obstructing the execution of special services, right?

[Jeongbin Seo]
That's right. The charges that he is currently receiving are charges of obstructing the execution of special public affairs, which means obstructing the execution of public officials' duties by assault or intimidation by carrying group power or dangerous objects. The punishment is aggravated rather than simply obstructing the execution of official duties, but in the case of Minister Park, he is accused of using the security agents, or groups, to use their physical power to interfere with the execution of arrest warrants by the Senior Civil Servant Corruption Investigations Unit on January 3rd.

[Anchor]
Chun Dae-yup, the chief of the National Court Administration, told the National Assembly yesterday that "unjustifiable resistance can constitute crimes such as obstruction of justice." Can I understand that this is the position of the judiciary?

[Jeongbin Seo]
I think it's safe to understand that. Judge Cheon Dae-yeop is the head of the court administration and the Supreme Court justice. Therefore, the remarks have a considerable weight and can be seen as representing the position of the judiciary to some extent. Asked at the National Assembly yesterday whether it is illegal for the security chief to block the execution of arrest warrants, he said, "It could be a crime of obstruction of justice to resist execution without justifiable reasons." Although it is not certain that the head of the security office will be guilty of obstructing the execution of public affairs, the overall view of the judiciary is that it can be fully established in the end.

[Anchor]
Now the security service will be led by Kim Sung-hoon, deputy head of the security service, but isn't deputy head Kim also notified of his police attendance today? Do you think there is a possibility that you will attend?

[Jeongbin Seo]
Looking at the situation so far, I think the possibility of attending is a little low. Although Minister Park attended yesterday, the person who is acting on behalf of Minister Park is Kim Sung-hoon, the deputy head of the security service, and from his position so far, the security service seems to be focusing on preventing the president from executing the warrant. That's why I think it's difficult for even the deputy director to come forward and attend.

[Anchor]
There were also reports that many young employees of the security service were agitated. If the head of the security service is arrested or arrested, can we see that the execution of an arrest warrant against President Yoon will be a little easier?

[Jeongbin Seo]
That's how you can see it. It has not been confirmed whether it is a majority, but at least some employees are reported to be quite agitated, and there have been reports that it would be better for the Senior Civil Servant Corruption Investigations Unit to execute it properly. Police are now trying to identify some of the employees who blocked the arrest warrant at the time. In addition, if the actual command begins to be arrested, there will be growing concerns that each employee may be guilty of obstructing the execution of public affairs, and if so, there is a possibility that the execution will be carried out quickly as the second arrest warrant proceeds.

[Anchor]
As the court reissued an arrest warrant for President Yoon, the Senior Civil Servant Corruption Investigations Unit is reticent about the deadline. There is also a saying that they received a long warrant before the Lunar New Year holiday, so when do you think the warrant is due?

[Seo Jung-bin]
There was a saying that the validity period was at least longer than that of the first warrant once the warrant was reissued. Not long ago, there is a saying that the expiration date has been set for about three weeks. Personally, at first, I thought that I would have had a week to spare than the usual 7 days and had about 14 days as an expiration date, but I think that the deadline has been set up to at least 3 weeks, considering the reports and situations so far.

[Anchor]
The National Investigation Headquarters of the National Police Agency has ordered more than 1,000 front-line investigators who have gathered the heads of the metropolitan area's regional investigation teams, tracked down and arrested gangsters and drug criminals. Can we interpret that the police are now showing a strong will to arrest them?

[Jeongbin Seo]
That's right. During the first execution, a total of 150 employees from the Senior Civil Servant Corruption Investigations Unit and the police were put into the official residence. It is said that more than 1,000 investigators have been ordered to mobilize, which is seven or eight times the number mentioned now. Therefore, not only can it be said that they show a strong will just by looking at the numbers, but they also have considerable experience in arresting suspects due to the nature of their work while investigating violent crimes, drug crimes, organized crimes, and large crimes such as criminal mobilization, drug investigation, and mining. So even considering that these personnel are prepared, it seems that the Senior Civil Servant Corruption Investigations Unit and the police will end with the execution of the second warrant.

[Anchor]
By the way, the police had drawn a line before introducing special equipment for police commandos and helicopters, but why do you think this is the case?

[Jeongbin Seo]
If even the police commandos are deployed, some people may be opposed to excessive progress in executing arrest warrants, and there is a risk that this could lead to a stronger physical conflict. That's why the police seem to be trying to avoid entering commandos and other things while securing as many employees as possible with practical experience.

[Anchor]
If the Senior Civil Servant Corruption Investigations Unit launches a second arrest warrant, armed conflict between state agencies is also expected, raising concerns. Is a clash inevitable between the Criminal Guard and the bodyguard?

[Jeongbin Seo]
Until now, the security service has been strengthening its defense to prevent the execution of warrants, so first of all, there is a concern about armed conflict. However, it is expected that the overwhelming number of police personnel will be used rather than personnel similar to or slightly higher than the number of security officials, so I think the possibility of armed conflict will decrease due to the numerical advantage.

[Anchor]
On the other hand, lawmakers of the People's Power are regularly gathering in front of their official residence, and Oh Dong-woon, head of the Airborne Division, said, "If a lawmaker interferes with the execution of a warrant, it will be applied to obstruction of justice." But don't lawmakers have the privilege of not arresting them? If you're a red-handed criminal, you can arrest him, right?

[Jeongbin Seo]
That's right. Although lawmakers have the privilege of not being arrested during the session, the current offender can physically interfere with the execution of the warrant and arrest him on charges of obstructing the execution of public affairs, as stated by Superintendent of Public Offices Oh Dong-woon. First, I think Oh Dong-woon's remarks were made in the sense of his strong will to execute. However, if it is difficult to execute the warrant due to lawmakers, it seems that they are even considering arresting the current criminal.

[Anchor] Former Defense Minister Kim Yong-hyun, who was arrested and charged with leading the 'December 3 Emergency Security Crisis' in
, claimed, "I think the Emergency Security Notice No. 1 is still valid." You said you would continue to file charges in this regard, but what does this mean?

[Jeongbin Seo]
First of all, it does not mean that the decree No. 1 has been in effect so far, but it seems that it was effective for five to six hours when the decree was declared and martial law was lifted, and those who engaged in political activities differently from the contents of the decree can still be prosecuted and punished. However, it seems that the declaration itself is not convincing because it violates the Constitution, and personally, it is possible for the defendant to make various claims as a defense, but it is difficult to understand what benefits or meaning it would be for former Minister Kim Yong-hyun to file a complaint against politicians while making such claims.

[Anchor]
On the other hand, the special prosecutor for the rebellion is now at the center of the political dispute, and I will also ask you this question. In the National Assembly, the opposition party has made significant concessions regarding the Special Prosecution Act for Insurrection, and the opposition party has deleted and reissued such parts as the right to recommend the independent and non-contest. They say they will submit it to the plenary session, but if this happens, can it be considered that the possibility of passing the special prosecution law has increased?

[Jeongbin Seo]
First of all, you changed the recommendation method to a third-party recommendation method, or you gave up these things. Considering them, it seems that there is a possibility that there will be additional leave votes on the ruling party's side. However, the problem is that the special prosecutor's investigation included foreign exchange attraction charges, so I think this part could be a sensitive part, so this part would be a difficult point.

[Anchor]
However, the opposition party included the charge of attracting foreign exchange, saying that it induced North Korean military attacks in the second special prosecution law for civil war. What was the background of this?

[Jeongbin Seo]
In the meantime, there have been allegations that the government sent drones to North Korea and distributed leaflets, or that the government reviewed the origin of the filth balloon, and recently, there have been rumors that such contents came out in former commander Roh Sang-won's notebook. Therefore, even before martial law was declared on December 3, suspicions have been raised that North Korea may have been induced to attack South Korea in order to establish an environment. Therefore, this time, with the introduction of a new special prosecution bill, investigations should be conducted on crimes related to foreign exchange, reflecting the opposition's position.

[Anchor]
The first hearing of President Yoon's impeachment case will be held on the 14th and 16th of next week. The Constitutional Court has decided to suspend the distribution of audience tickets on a first-come, first-served basis. What is the reason for this decision?

[Jeongbin Seo]
The Constitutional Court has expressed its position on this part. Recently, there has been serious confusion around the main gate of the building due to the pros and cons of President Yoon's impeachment case, and this is a measure taken for the safety of citizens. As the Constitutional Court explained, if the first-come, first-served distribution is still serious, it is expected that there will be considerable difficulties in maintaining order, and it is understood that the first-served distribution was suspended to avoid this.

[Anchor]
Do you think there is a possibility that President Yoon Suk Yeol will come out in person on the 14th, the first hearing date? Will the trial proceed normally if I don't appear? President

[Seo Jung-bin]
[President Yoon said he would attend in the end without setting a time, but given the situation so far, he is unlikely to attend the first hearing. In this way, if President Yoon does not attend in person, the deadline must be set again and the hearing cannot proceed on that day. However, it will be on the 16th, so if you do not attend again at that time, in that case, you can hold a hearing even if you are not present and the trial will proceed as scheduled.

[Anchor]
On the other hand, Kim Jung-won, secretary-general of the Constitutional Court, explained that the martial law declaration does not conform to the current constitution. Since he is now a member of the Constitutional Court, the perception of the eight constitutional judges is also drawing a lot of attention. Can we guess that the Constitutional Court judges perceive it similarly?

[Jeongbin Seo]
I think that's possible. First of all, Kim Jung-won, secretary-general of the Constitutional Court, is not a constitutional judge, but he is a minister-level position in charge of administrative affairs of the Constitutional Court. That's why I think he made this statement, at least in the context of the fact that he agreed with the Constitutional Court judges on this part. Therefore, it is possible to predict that the constitutional judges are making such a judgment that the content of the decree itself is inconsistent with the Constitution. However, the problem is that the judges may have different views on whether it is a serious violation of the constitution that cites impeachment.

[Anchor]
Controversy continued over whether or not to withdraw the crime of rebellion in the impeachment indictment, and the Constitutional Court explained that the exclusion of the crime of rebellion was the judgment of the court. Should this be taken to mean that the Constitutional Court will judge on its own regardless of the controversy?

[Jeongbin Seo]
That's right. Although there is a series of controversy over the exclusion of the crime of rebellion, the judgment is left to the Constitutional Court's authority, so it seems that the court will make a proper judgment on its own during the hearing process, rather than making a controversy by expressing opinions from the outside.

[Anchor]
Amid the ripening atmosphere of the execution of the second arrest warrant for President Yoon Suk Yeol, I pointed out legal issues with lawyer Seo Jeong-bin.

Thank you, lawyer.

[Jeongbin Seo]
Thank you.