[News UP] Corruption Investigations Unit, Security Agency...This week is the right time for warrant execution?

■ Host: Anchor Cho Jin-hyuk
■ Starring: Lawyer Son Jeong-hye

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

[Anchor]
The Senior Civil Servant Corruption Investigations Unit is pressing the bodyguard to speed up the execution strategy of the warrant. There is a prospect that the execution will take place this week. Let's take a look at the related information with lawyer Son Jeong-hye. Please come in. Since the warrant was reissued on the 7th, a week has passed since the reissue of the arrest warrant. We looked at the atmosphere a little while ago, and the movement to re-enforce the warrant has not been detected yet. Airborne, what are we waiting for?

[Son Jeong-hye]
The validity period for the warrant seems to have been set quite sufficiently, so rather than running out of time, we will eliminate all risks that may arise through thorough preparation. And most importantly, an investigation is underway into the main executive branch of the Security Service. In other words, by initiating this investigation process, the security service's internal staff are at risk of being subject to investigation and trial, which dampens their commitment to a second round of illegal deterrence.

So it seems that they are planning to reduce casualties by doing things that weaken the will, so for now, the longer the time, the higher the risk and anxiety inside the security service, and the Senior Civil Servant Corruption Investigations Unit seems to judge that the possibility of expected conflict can be lowered if these illegal deterrents enter a point of cracking and worsening.

[Anchor]
The expiration date of the warrant is not known.Ma is estimated to be about two weeks, so that's why there is a prospect that the warrant will be executed this week, right?

[Son Jeonghye]
That's right. For example, there is a warrant expiration date, but there are upcoming holidays, and I think it would be better to decide that we should organize it before the execution rather than during the holiday week. In particular, as rallies and such are still taking place continuously, some of the rally-related personnel are also organizing traffic and maintaining order, so it seems reasonable to try to execute them by weakening the will of the security service to carry out illegal activities.

[Anchor]
And he pointed it out earlier.Ma's pressure on the security agency is continuing to strengthen, but if you look at it more specifically, Deputy Chief Kim Sung-hoon has been requested for an arrest warrant? And Lee Kwang-woo, the head of the security headquarters, is also asked to appear for the third time today, but if he doesn't show up by then, he will consider an arrest warrant again. And Kim Shin, the head of the family, is also notified of the summons of the suspect tomorrow, so can this pressure be considered effective?

[Son Jeonghye]
In fact, it seems to be still working today. First of all, didn't the director refuse to comply with the notification of attendance twice, then responded to the third attendance and voluntarily received a summons twice? Since the charges of obstruction of execution of special affairs and abuse of power can be held accountable for the deadliest consequences of crimes that apply to public officials, the fact that the leaders of the execution are subject to subpoena or warrant issuance does not have anyone to directly address legal responsibility for this part of the security service.

As a result, many objections seem to be expressed within the Security Service because it has no choice but to show that following this order is an illegal act of following this order, and we cannot hurt our men for the responsibility of hard-liners. If there are such opinions, it seems that the burden of blocking the arrest warrant by force has increased a lot like the first execution. In actual implementation, it is likely to be responsible for not only enormous property damage but also human damage, and to be responsible for damage to public property beyond obstruction of the execution of special public affairs.

[Anchor]
One of the people known as the hard-liners is Lee Kwang-woo, the head of the security department, and the third summons was notified at 10 a.m. today, so whether he will be present at this time is expected to be a major watershed. The Senior Civil Servant Corruption Investigations Unit says that the investigation schedule of the security officials is not related to the arrest of President Yoon Suk Yeol, but there is also an analysis that if an arrest warrant is issued for Kim Sung-hoon, who is currently acting as an acting security officer, this could look like a signal. What do you think?

[Son Jeonghye]
That's right. In the execution of the second warrant, if Deputy Chief Kim Sung-hoon stops it by force or puts psychological pressure on security service personnel and security unit personnel through illegal orders, it can reduce the effectiveness of the arrest. If this person himself is the subject of arrest and illegal arrest is confirmed on the spot, it can be possible to arrest a current criminal. In such a case, it can be very limited to mobilize physical force for an arrest warrant.

In this case, there is room for the president to consider voluntary attendance, so considering these variables, the Senior Civil Servant Corruption Investigations Unit is now opening an investigation into the security officials, especially the leadership. I can tell you this, and can't it be interpreted as illegal to obstruct the execution of arrest warrants beyond the purpose of security without justifiable reasons? If the investigation agency fully informed why it is illegal and subject to investigation during the investigation process, it can be interpreted that it will be very difficult for Deputy Chief Kim Sung-hoon to ignore these warning and preventive effects and join the employees in making illegal orders.

[Anchor]
If so, if an arrest warrant is issued for Deputy Security Officer Kim Sung-hoon, it is a situation that has been applied now. Then, is it more likely that President Yoon Suk Yeol's recruitment will also be secured?

[Son Jeonghye]
In the order of executing the arrest warrant, the first is likely to be executed against the deputy director. Since the security purpose of executing the deputy chief is not to be subject to security by Kim Sung-hoon, the staff of the security service cannot prevent the execution of the arrest warrant by force. as there is no legal basis at all Then, after arresting the deputy chief, the executive who will issue the order can disappear at the scene, so rather than the division and execution of the execution, it can increase the effectiveness of the execution. If I hope so, it would be more appropriate to get out of the official residence and move in an official car with the persuasion of the lawyers when lawyers have already submitted their appointments to the Senior Civil Servant Corruption Investigations Unit during the second warrant execution.

[Anchor]
It is known that the Agency is further specifying and subdividing the warrant execution plan. There's also a claim for damages. And there's also talk about the right to indemnity, so please explain how you're going to do it.

[Son Jeonghye]
develop a new planIn the case of obstruction of public affairs, in the past, it was punished only for obstruction of public affairs, but these days, for example, police are taking steps not only to punish but also to claim damages and indemnify them. Likewise, in this case, there may be injuries, damage to public goods, and damage. In that case, we are planning to calculate the amount of civil damages and claim joint liability and liability for damages for this part. In particular, as a lot of equipment and manpower are mobilized to remove obstacles, they claim the right to indemnify property damage.

And an employee who disobeyed by ordering the security service failed to comply with his superior's orders and committed dereliction of duty. There may be employees who follow orders from their superiors related to arrest warrants because they are afraid of punishment for this, and even if they fail to comply, they have planned to proceed to leniency rather than book or punish them because they have failed to comply with illegal orders.

[Anchor]
On the other hand, the president of Yoon Suk Yeol submitted the appointment of lawyers to the Senior Civil Servant Corruption Investigations Unit. Last time, it was canceled, but this time, I submitted it, and after the conclusion of the impeachment trial, I asked him to postpone the execution of the arrest. Is this an acceptable claim?

[Son Jeonghye]
It's just the suspect's argument and it's hard to accept. In common sense, if a public official says, "There is a disciplinary procedure and an investigation procedure, but I will go to the investigation after receiving a disciplinary decision first," the investigation agency will investigate quickly according to the investigation schedule, but since the investigation has no time to wait for the decision of the impeachment trial, it is necessary for the suspect to carry out the investigation according to the plan given to them without being bound by the process of "We will do this," I can tell you this.

More than a month has already passed to give time, and if it is necessary to come out in person and give a legitimate reason for execution, the impeachment trial cannot be interpreted for a corresponding legitimate reason. In order to do so, it is quite difficult to delay the summoning of suspects for reasons of impeachment proceedings, such as the fact that the president has not submitted any evidence at all despite having to execute the search warrant or arbitrarily submit evidence to eliminate the possibility of destruction of evidence.

[Anchor]
Therefore, it is highly unlikely to be accepted legally to ask for a delay in the execution of the arrest after the conclusion of the impeachment trial. What are the usual reasons for this to require the suspension of the execution of an arrest warrant?

[Son Jeonghye]
The law stipulates that arrest warrants must be executed quickly and accurately. However, if the suspect has a serious disease, very dangerous health, and has a health purpose that is about to undergo surgery or be hospitalized, it can be delayed from a humanitarian perspective. And it says that if a family member dies or has to pay a reward, they can give them a few days. In particular, if a very serious error is found, there is a possibility that the arrest warrant may be delayed a little, but basically, an arrest warrant is issued because it needs to be quickly secured and quickly investigated, so it does not prevent execution unless there is a very serious reason.

[Anchor]
On the other hand, President Yoon Suk Yeol's impeachment trial will hold its first hearing tomorrow, but the president is not expected to attend tomorrow. Even if you express your intention not to attend, will this argument proceed as it is?

[Son Jeonghye]
First of all, the law says this. On the first anniversary, the respondent is obligated to attend. If the hearing date does not come out on the 14th, the hearing date can actually be held on the 16th, so it is highly likely that the 14th will remain idle, and as of today, the respondent has not specifically answered or organized the contents in writing to the Constitutional Court.

Those of you who watched the videos of the preparation period broadcasted in the second preparation period, or recorded, may have known, but despite the urging of the proof plan and the Constitutional Court judges to give a written answer, the related proof plan is vast and will be submitted sequentially, but the fact that it was not received as of today is very likely that all claims, proof and evidence plans will not be organized until the 14th. And even if the claim and proof plan are not organized, it is interpreted that it is too early to verbally preach the position, so it is not expected to come out on the 14th and not even on the 16th.

[Anchor]
On the other hand, the first hearing of Prime Minister Han Deok-soo's impeachment trial will be held this afternoon. Can you summarize what the issues between the two sides are again?

[Son Jeonghye]
First of all, there seems to be a lot of possibility that the respondent will discuss procedural issues. It remains to be seen what issues will be discussed as no specific answer has been submitted yet, but the issue of such procedures or decision quasars is likely to emerge as the most important issue because the prime minister's decision quorum, the president's decision quorum, and the trial of authority disputes are now being raised. In particular, did not exercise the right to appoint two constitutional judges neglecting their constitutional obligations?

There is a question of whether the omission will be mentioned as the reason for impeachment, and the prosecution is now deciding what kind of evidence the Constitutional Court will actually set as the reason for impeachment, such as the duty of the prime minister to prevent emergency martial law as prime minister at that time, or the fact that he helped the emergency martial law even though he knew it was unconstitutional or illegal, or that he did not properly deliberate at the Cabinet meeting. Prime Minister Han Deok-soo was also reportedly summoned by the police for questioning. Discussions on whether to secure the investigation records and various evidence procedures are expected to take place.

[Anchor]
And the ruling and opposition parties continue to fight over the independent counsel's rebellion, but there is a prospect that it could take a considerable amount of time due to the appointment of the independent counsel and preparation for the investigation, regardless of the option. Can you explain it for me?

[Son Jeonghye]
First of all, it is expected that the appointment of the special prosecutor will take eight days, and it will take at least 20 days to prepare and create an investigation team, but this itself is only a prediction and there is a possibility that it will take a lot of time if various problems are drawn or agreements cannot be reached in the process. However, the special prosecutor eliminated the controversy of the investigation subject and
The purpose of establishing a special prosecutor under the Special Prosecutor Act is to ensure the people's right to know objectively and fairly, so even if it takes some time, the investigation will not be stopped during that time, but the investigation and the prosecution will continue to investigate and transfer the related investigation records. In that respect, even if the independent counsel law is created, there is no significant obstacle to the current investigation process. That's why we need to wait and see when the process will begin.

[Anchor]
And the trial of former Defense Minister Kim Yong-hyun will begin on the 16th. The main charge is the charge of an important missionary in a civil war, so should I consider it as meaning that a legal judgment on whether the December 3 emergency martial law constitutes a civil war will be made soon?

[Son Jeonghye]
It will come out soon, but it will take a considerable amount of time. Because former Minister Kim is now showing his willingness to fight one by one, claiming that it is the abuse of the prosecution's right to prosecute. The claim that the statements of military commanders are also contaminated in a situation where all are expected to be innocent means that numerous commanders and soldiers have been investigated and disagree with this statement, so all of them must attend court as witnesses and go through the process of interrogating witnesses.

If so, at least dozens of witnesses should come out of court. If so, it is not a trial that will end in a month or two, but a witness examination is expected for at least several months, and there are many related issues, and since he is at the peak after the president, there is a lot of fact-finding for each act. I can point this out.

[Anchor]
He said that the trials on the charges of rebellion will continue one after another, but it will take a considerable amount of time. So far, I've talked with lawyer Son Jung-hye. Thank you.