[On-site video+] Seok Dong-hyun, "I will get a decision to dismiss the impeachment prosecution as it reveals unfairness."

2025.01.15. PM 3:03
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[Anchor]
Seok Dong-hyun, a lawyer for the President of Yoon Suk Yeol, will announce his position on the execution of arrest warrants.

Let's go to the scene.

Seok Dong-hyun, a lawyer close to the president of Yoon Suk Yeol, holds a press conference in front of the Seoul High Prosecutor's Office.

The arrest warrant for President Yoon is expected to be executed this morning and the position of the suspect is expected to be revealed at the Senior Civil Servant Corruption Investigations Unit.

[Seok Dong-hyun / Yoon Suk Yeol Presidential Legal Adviser]
Let's start. Let me first tell you the position outlined by the president's lawyers and take a few questions. First of all, from the president's point of view, even though the president's investigation today was not legal, the Senior Civil Servant Corruption Investigations Unit decided to attend, but the Senior Civil Servant Corruption Investigations Unit executed an arrest warrant.In the end, I would like to inform you that the president made the decision to attend voluntarily this morning, so it proceeded without conflict with the Senior Civil Servant Corruption Investigations Unit.

The Senior Civil Servant Corruption Investigations Unit entered the official residence with an illegal warrant from around 4 a.m., and the president was worried about the safety of citizens when he heard that some citizens were injured during the process, and the young security officers were determined to be faithful to the president's security duties. Therefore, we decided to prevent such incidents from being involved in a conflict with the police, so we asked the lawyers to discuss the issue of random attendance, even though we thought the Senior Civil Servant Corruption Investigations Unit's investigation or arrest attempt was clearly illegal.

Secondly, the president and lawyers strongly urge the government to follow legitimate legal procedures, such as filing a claim with the Seoul Central District Court, not the Western District Court, which has no jurisdiction, given that the Airborne Division will move to the stage of requesting an arrest warrant.

The Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the president for rebellion, and it is clearly illegal to request an arrest warrant from the Seoul Western District Court in particular. According to Article 31 of the Corruption Investigations Unit Act, the president's residence is under the jurisdiction of the Western District Court, and the Airborne Division has requested an arrest warrant for him.Article 31 of the Corruption Investigations Unit Act applies only to a specific group of high-ranking officials whose legal and clues are authorized by the Corruption Investigations Unit to file a prosecution among high-ranking officials.

Certain high-ranking officials are judges, prosecutors, and high-ranking police officials. Since Article 31 applies only to such people, it is the judgment of the lawyers and the absolute majority of legal professionals that Article 31 is not applicable to the case of a sitting president without the authority to prosecute by the Senior Civil Servant Corruption Investigations Unit. Therefore, for cases in which the Airborne Service cannot file a prosecution, such as the presidential case, the case must be transferred to the Seoul Central District Prosecutors' Office in accordance with Article 26 of the Airborne Service Act, so it is clearly illegal for the Airborne Service to visit the Western District Court ahead of Article 31 of the Airborne Service Act.

Third, illegal activities committed by the Senior Civil Servant Corruption Investigations Unit and the police in the process of requesting, issuing, and executing arrest warrants must be held accountable. The fact that the law was all broken in the video released by President Yoon during his appearance at the Senior Civil Servant Corruption Investigations Unit shows the end of the law in that the 55th Guard Corps, which guards the entrance of the presidential residence for the purpose of abuse in the execution of the arrest warrant, falsely wrote an official letter as if the Senior Civil Servant Corruption Investigations Unit or the police had allowed him to enter the residence.

Please refer to the handout for the background of the creation of this official document and what happened during the execution process. In short, such actions by the Senior Civil Servant Corruption Investigations Unit and the police constitute forgery of official documents, companion companies, and obstruction of the exercise of rights to abuse their authority, so the lawyers intend to hold certain responsibilities, including accusations of the command, against the citizens of violence committed during the invasion of the residence today.

Finally, I will tell you the resolution of the President and the lawyers. Despite the illegal and unfair physical arrest of the Senior Civil Servant Corruption Investigations Unit, the president and his lawyers will not be frustrated, and the impeachment trial will fully inform Korea of the current national emergency and reveal the injustice of the impeachment.

Finally, I am so heartbroken that the Korean people and 7.5 million overseas Koreans are witnessing the collapse of the rule of law in Korea, and I deplore that this is the reality of an emergency crisis. President Yoon will never collapse and if you all become the president's national defense counsel and join us in setting up the liberal democracy and rule of law in the Republic of Korea against pro-North Korean juche groups and anti-state forces, I really want to fight together.

That's the end of the statement. I'll take your questions.

[Reporter]
You asked for the withdrawal of the Senior Civil Servant Corruption Investigations Unit and the police while talking about your voluntary attendance on Facebook. Was this what President Yoon meant?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
President Yoon and his lawyers always consult and decide.

[Reporter] Unlike in the first execution of
, there were no stops from the security office, but wasn't there a consensus within the security office that President Yoon should be arrested?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
It's not like that at all. Rather, the security service staff were determined not to just sit idly by arresting and executing the police and the Senior Civil Servant Corruption Investigations Unit for unreasonable violent intrusion and execution, and there are many young employees at the security service. So, I understand that the president is very concerned about what might happen if there is a conflict with the police due to the determined attitude of the security service and that the president has changed his mind to attend.

[Reporter]
Is it correct that the 2nd response submitted by the Constitutional Court stated that breaking the military window was to prevent the bloodshed caused by the excited crowd?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
I don't know. Does that matter now? I don't know.

[Reporter]
In the same answer, I copied incorrectly about Pogoryeong No. 1 and said that I was not good at expressing it, but then Pogoryeong...

[Seok Dong-hyun / ∀ Presidential Legal Adviser]
I don't think it's appropriate to tell you here because you're going to answer that during the investigation process. Are you collecting all the questions? It sounds good.

[Reporter]
So did President Yoon say he would announce the voice message first?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
No, I used the expression "fostering" not in writing, but in the process of promoting it to the outside world, including reporters.

[Reporter]
It is expected that he will refuse to make a statement, and lawmaker Yoon Sang-hyun said the same, so are you sure he is refusing to make a statement?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
I don't know exactly what's going on because I'm not in the investigation now, but I think basically the President will exercise that guaranteed right as a subject in the course of the investigation.

[Reporter]
You were in a position to prioritize the impeachment trial of the Constitutional Court, but are you in a position that you will not attend President Yoon's Constitutional Court anymore?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
The impeachment trial has just begun. In the impeachment trial, the National Assembly made such a bizarre claim that it would withdraw the rebellion from the grounds for impeachment, and the respondent president insisted that a new National Assembly vote on such a situation is needed.

When these issues are sorted out, the President will actively attend and express his position. There is a high possibility that he will be detained now due to the violent arrest execution of the Senior Civil Servant Corruption Investigations Unit, but he is expected to attend without being daunted by it. However, as I just said, I hope that such matters, such as arranging the prosecution of the impeachment trial, will be sorted out quickly.

[Reporter]
If you request an arrest warrant, would you like to express your opinion directly?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
I don't think so. For us, basically, I'm also a lawyer at the Senior Civil Servant Corruption Investigations Unit.Ma requested an arrest warrant from the Western District Court with an argument that was not convincing in the interpretation of the law, and if the next step, an arrest warrant, is also in the Western District Court... It is an ulterior motive that I thought it would be advantageous for the Western District Court.E is asking us to make a claim to the Seoul Central District Court, which is a jurisdiction court, according to due legal procedures. If such procedures are in place, I think the president will naturally exercise the rights allowed in his legal proceedings.

[Reporter]
You're not going to go out if I get a warrant in the Western District Court?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
That's hard for us to say definitively right now.

[Reporter]
I said it's customary to issue an arrest warrant to the court where the arrest warrant was issued.

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
I think the Senior Civil Servant Corruption Investigations Unit will do that calculation all the time. However, giving according to the judgment process of the competent court in the law is a matter that is directly related to the legality of the investigation and the legality of the evidence. The Senior Civil Servant Corruption Investigations Unit can only investigate, and in the end, the authority and responsibility to prosecute, that is, to file a prosecution, now becomes the authority and responsibility of the prosecutor of the Seoul Central District Prosecutors' Office. In any case, if you do not comply with such legal principles while volunteering to conduct an initial investigation now, the Senior Civil Servant Corruption Investigations Unit will be held accountable for all the difficulties that may arise in future prosecutions and trial proceedings.

[Reporter]
An arrest warrant has been executed and you have been arrested, is there a reason why you insist on the expression "attendance"?

[Seok Dong-hyun / Yoon Suk Yeol Presidential Legal Adviser]
I'm not sticking to it. In any case, if we look back on the situation that happened this morning, the president was not going to respond to the execution of the arrest warrant by the Senior Civil Servant Corruption Investigations Unit and the police while there was a legal problem. I wasn't going to respond, but as I said earlier, you expressed your position that you would attend at random because you were concerned about the rise of citizens and the conflict between the security and the airlift or the police. From the president's point of view, he expressed his position that he would attend on his own rather than being subjected to such a warrant execution. It's not a matter of some stubbornness.

[Reporter]
In case of attendance, the arrest warrant was executed, so you have to be investigated by the Senior Civil Servant Corruption Investigations Unit for 48 hours, but if you are in attendance, you can't do that because you can't do a night investigation for 48 hours. So whether you claim attendance or execution of an arrest warrant, do you think that's unfair for 48 hours?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
However, from the current point of view, the president insisted on voluntary attendance anyway, but I understand that the Senior Civil Servant Corruption Investigations Unit has the appearance of arrest and execution. That's why we've already gone to the stage of requesting an arrest warrant or releasing it within 48 hours. In that sense, I don't think the question I just asked is of any practical benefit to any particular answer.

[Reporter]
Do you intend to make a statement when the case goes to the prosecution?

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
It is difficult to determine what form the Senior Civil Servant Corruption Investigations Unit will take to the prosecution at a certain time and in what form. Since the arrest warrant stage is still in place at the next stage, I think it would be right to answer what will happen after such a procedure.

[Reporter]
When the first warrant was issued, they pointed out that Articles 110 and 111 of the Criminal Code were included, but this second one did not. . . There seems to be a little contradiction in the argument.

[Seok Donghyun / Legal advice for President Yoon Suk Yeol]
It's not that. While issuing the first arrest warrant in the Western District Court this time, didn't you write that the search warrant excludes the application of Articles 110 and 111 of the Criminal Procedure Act? First of all, let me make it clear that the judge's statement itself that excludes the application of certain provisions of the Criminal Procedure Act is absurd. So a judge can't be above the law. Let me first point out that such a description itself has a significant problem with the judge's legal knowledge. Although there is no description, the investigative agency cannot enter the presidential residence, which is a military protection facility, without the consent of the person in charge for the purpose of such arrest or search.

In other words, it cannot enter military protection facilities without the consent of the person in charge. have a description of The description is simply invalid. In the end, there is none, but it is not possible to enter the official residence because it is invalid for the judge to write a statement that should not be done like this. So, we should understand that the judge in charge did not write the wrong thing in the second arrest warrant.

[Reporter]
You left a presidential video today. Who filmed it and who already consulted with the lawyers to prevent conflict of attendance early in the morning, but what time did you do it?

[Seok Dong-hyun / ∀ Presidential Legal Adviser]
It's hard for me to tell you until the time.


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