■ Appearance: lawyer Kim Kwang-sam, lawyer Lim Joo-hye
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◇Anchor> There are also many signs of children's song within the security office. So, there was an article on the internal bulletin board against preventing the execution of the warrant, which was deleted and restored. What is the situation?
◆ Lim Joo-hye> Blocking and preventing the execution of a warrant with 3 pages of A4 paper could constitute an obstruction of the execution of special public affairs, and this part was deleted after an article containing legal analysis was posted. But this article was restored in a day. Looking at this part, I think it is possible to guess that there is a movement that is agitated inside the security office. Another person demanded the resignation of the deputy chief of security, but was immediately issued a standby order. As such stories have been reported, the security agency is also considering whether it is justifiable for us to forcefully prevent the president from being executed, or is there a possibility of legal punishment later on? It is said that there is a movement of agitation like this.
◇Anchor> The Senior Civil Servant Corruption Investigations Unit also sent an official letter of cooperation to the Ministry of National Defense and the Security Agency yesterday. What is this going to be about?
◆Kim Kwang-sam> I'm telling you not to stop him. As a result, if you look at the Ministry of National Defense, the security, and the security itself now, you will of course prevent it. It would be about cooperating. The contents of the official document itself will be cooperated, but legal action will be taken if they do not, and such things can be considered as obstruction of the execution of special public affairs. It must be that, and according to media reports, even if the security service staff do not comply with the superior's instructions, if the superior does not comply, it becomes a crime of dereliction of duty under the criminal law. So, I will not punish you for such things as dereliction of duty. Because of that purpose, it can be said that it is doing this for a kind of internal division.
The security guards are a little different from the general army right now. So I think they might be watching this broadcast 24 hours a day. And I can search the internet. Then they all know what their actions are like. And I'll also talk to my family on the phone. There may be family members who are told to protect them until the end, but there will be a lot of concerns about their family, son, and father. So those parts, and the security service staff are probably not actually acceptable people to stay there.
There are as many as 400 people or as many as 700 people, but it will be difficult to stay and sleep, and it will be very difficult to eat and sleep. Even using the bathroom has to be lined up. It's very inconvenient. Then, when the arrest warrant is continuously executed, will the security guards be active in committing the crime, or will there be internal division? The police and the Senior Civil Servant Corruption Investigations Unit are looking at this part.
◇ Anchor> What you are using as a means of pressuring the security service. For example, are these legally possible matters such as filing a lawsuit for damages, claiming the right to indemnify, or seeking leniency in case of a dereliction of duty?
◆Lim Joo-hye> These are included in the official document, but it seems that the Senior Civil Servant Corruption Investigations Unit is wielding carrots and sticks together. In the end, it seems that it is being used for psychological pressure because it is possible to avoid any armed conflict and execute it only when the bodyguard shows cooperation in all the processes for execution. So, as you said, there is a barbed wire in front of the presidential residence and a barricade is completely barricaded with buses. In order to be executed, we need to remove this barbed wire and remove this bus stand, and we will claim the right to indemnify for these expenses later.
In the end, they say they will hold the security service civilly responsible for the damage, but in the end, they are all state agencies. If so, in the end, responsibility for areas such as state compensation should be a problem, but in reality, it is analyzed that this is a use to pressure psychologically rather than holding the security office responsible for actual financial compensation.
What I'm suggesting as a carrot is that even if the head of the security service instructs us to actively prevent it, even if the security service staff below do not follow this part, they will avoid legal responsibility. In fact, it's not an institution that can avoid such responsibility at the Senior Civil Servant Corruption Investigations Unit. In some cases, if there is a violation of the law when it becomes a problem, it will be punished according to the trial, but presenting this part is a kind of carrot, and I think it is an incentive to act as a psychological factor to prevent active enforcement.
◆Kim Kwang-sam> In fact, if the crime of obstructing the execution of special public affairs is applied, there are many disadvantages. In particular, if you are an employee of the security service or a public official by profession, aren't you an employee of a security company? Then, if you are prosecuted for obstructing the execution of special public affairs and are tried and punished, you lose your position as a public security officer again, first. Then, in the case of pensions, you can only receive half of your pension because it is a crime committed on the job. The security guards are now guarding the president, so they can lose their jobs again because they have to stay in the security even if the president changes.
So I think it can be said that I did it so that I could know it by sending an official letter. But I can't say for sure if this will work, but there can be two categories. First, there may be one aspect that I will not follow the instructions because I do not punish them for what disadvantages I will suffer for this, and secondly, in the case of those who sympathize with Kim Sung-hoon, deputy chief of the Airborne Division, the president will come back alive.
So impeachment will be dismissed. There are quite a few people who are convinced of this. Then on the part of those people, if they come back alive to the orders of their superiors, these things will be nothing. Also, there could be cases where those who think there will be no disadvantage to me can block the execution of the arrest on the orders of their superiors.
◇Anchor> Anyway, I think these contents will affect the internal agitation of the security office.
Excerpted from
: Lee Sun Digital News Team Editor
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