President Yoon is being held in Seoul Detention Center...What's the last word before your arrest?

■ Host: Kim Sun-young Anchor
■ Starring: Attorney Lee Seung-hoon, Attorney Choi Jin-nyeong

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

[Anchor]
Political commentary with a living angle, let's start at the minute. Today, there are two lawyers, Choi Jin-nyeong and Lee Seung-hoon. Welcome. The president of Yoon Suk Yeol is being detained in a detention center, and he said it was the suspect's living room, which is a detention center. It's said to be a solitary cell of about 3 pyeong, but what kind of space is this?

[Choi Jin-nyeong]
Even lawyers are not allowed in. When lawyers go to detention centers, they do it in the lawyer's interview room, but they can't enter personal spaces or detention facilities like this. However, if you look at the media reports now, in principle, the arrested suspect is basically different from the arrested suspect.

Arrests are really held there from then on, but in an arrest warrant, they are only inches in there for 48 hours, and no arrest warrant has been issued yet, so waiting as a pre-arrest stage and waiting for a 48-hour arrest warrant makes specific physical examinations very simple and everything is simple. As I said, not only President Yoon but others also accept arrest warrants alone. However, when there are many people, you can be with them, but as you said, it is a solitary cell because of the courtesy of the president. However, I understand that they should be in a facility only for those detained by arrest warrants until tomorrow.

[Anchor]
It is known that he is waiting in his daily clothes, but anyway, the security continues even in the current detention situation, right?

[Lee Seung Hoon]
That's right. It is right that security should continue because he maintains the presidency. However, I understand that the detention center refused to allow security personnel to enter the detention center and into the detention center, so they could not enter. That's why it seems that the detention center is also protecting themselves. If you leave the detention center again, you can think of the presidential bodyguards as protecting you. It may be difficult to be in an uncomfortable place, but I say that I have no choice but to follow it because it is a legal procedure.

[Anchor]
First of all, the concern is when the investigation will resume. The Senior Civil Servant Corruption Investigations Unit said it would start at 2 p.m., but President Yoon said he would not respond to the afternoon investigation.

[Choi Jinyoung]
That's right. Early this morning, the survey was scheduled for 2 p.m. because it was difficult to attend in the morning for health reasons, but after that, when I saw another report, President Yoon Suk Yeol did enough to say yesterday. That's why I refused to attend and investigate today, saying there was no more content to be investigated.

On the other hand, in the case of the Senior Civil Servant Corruption Investigations Unit, no matter how much they requested an arrest suit, it's not that we can't investigate within 48 hours.In reality, when Ma is in a detention center and does not go out, in the so-called struggle to refuse to appear, it would be practically difficult to forcibly catch him and investigate him. So for now, I'll tell you later, especially today.Ma was arrested at 5 p.m. at the Seoul Central District Court, so I predict that it would be practically quite difficult to call him today to investigate even for the purpose of guaranteeing the suspect's right to defend himself.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit is in a strong position anyway. I'm trying to find a way to force them to investigate, is that legally possible?

[Lee Seung Hoon]
In fact, when the arrest warrant trial begins, the document goes to the Central District Court. And whether the warrant is issued or dismissed again, the document will not be included in the arrest period until it comes back to the airborne office. If that's the case, it's actually better not to investigate because it actually allows the suspect to focus on the trial and gives the Senior Civil Servant Corruption Investigations Unit time to investigate again. So I don't think I should do it for now.

[Anchor]
Do you think it's right not to investigate today?

[Lee Seung Hoon]
That's right. And I think it's right for the Senior Civil Servant Corruption Investigations Unit to prepare more actively for the trial in the Central District Court.

[Anchor]
So many people are confused, but you know that 48 hours is the deadline for arrest if you execute an arrest warrant. But now that I've applied for an arrest suit, is the time to judge it excluded from that?

[Lee Seung Hoon]
That's right. First of all, the judge has to look at the documents. Then I have to send the documents to the judge, but if I send the documents, there are no documents that the prosecutors of the Senior Civil Servant Corruption Investigations Unit can see. So the time to send the documents to the judge and get them back is not included in the arrest period. So, if you investigate during that time when you are not included in the arrest period, you may end up with an ambiguous situation about how many hours you will leave the arrest time. So I think it's right not to investigate during that time.

[Anchor]
In fact, I've heard a lot of binding pride while on the news. But I think there are a lot of people who are unfamiliar with the arrest. How do I look at it?

[Choi Jin-nyeong]
If there are no special reasons for arresting pride, there are many cases that have been rejected even if you apply. Therefore, in reality, if an application is made after an arrest warrant is issued, there are very few cases where an arrest warrant is filed.

However, in this case, it seems to be a problem because it is quite different from the general case. As I said, if you make an arrest suit, you see both. The reason is whether the arrest warrant itself is legal. And it's also looking at these two parts to see if the process of executing an arrest warrant is legal. In the case of Yoon Suk Yeol's current presidential lawyer, isn't it going to this logic that the arrest warrant itself is illegal and invalid, and in addition, the execution is illegal and must be released?

Like I said, why is the warrant invalid? The first is that the request for a warrant made when the Senior Civil Servant Corruption Investigations Unit did not have the right to investigate the civil war was wrong, and according to Article 31 of the Senior Civil Servant Corruption Investigations Unit Act, the jurisdiction itself is the Seoul Central District Court, which applies to the Western District Court as an expedient, and in the case of the first claim, the Criminal Procedure Act excludes the provisions that can be rejected for security and official reasons, right?

That's why that part is also invalid. Furthermore, as you said, even if the warrant itself is legal by making 100 concessions, didn't you see former Democratic Party leader Song Young-gil's acquittal in the money envelope case a while ago that if the execution is illegal, it becomes invalid due to his lack of evidence?

Of course, it was different from the appeals court. As such, in this case, the Senior Civil Servant Corruption Investigations Unit stamped and approved the 55th Guard Corps in the process of executing it from dawn yesterday, what did the guard say? When I stamped the seal, I was already investigating at the Senior Civil Servant Corruption Investigations Unit. In addition, the stamp was not taken by me, but the investigators there took it and took it, and such consent itself is a forgery of official documents and abuse of authority.

Furthermore, even if they stamp the seal, the subject of consent should not be the 55th security guard, but in a way, the deputy head of the security service should be in violation of all such procedures, so even if the warrant itself was illegal, there would be a huge violation of the execution, so there would be a considerable possibility in reality to ask them to release it in light of that.

[Anchor]
So lawyer Choi Jin-nyeong saw that there was a possibility of such illegality in the execution process rather than the warrant itself, so what do you think?

[Lee Seung Hoon]
I think it's hard to accept, and if you do it that way, the president can't be arrested. Then you just have to stay at the presidential residence until the impeachment decision is made. Such a state of illegality cannot be sustained. The president himself came out voluntarily.I don't know if I said this, but it didn't come out voluntarily, so I ended up searching and infiltrating the official residence to arrest him, right?

But if this is all illegal, there is no way to arrest the president. And in drug investigations, there are cases where the prosecution actually goes to arrest you, but when you're at home and you ask to open the door, but if you don't open the door, you open the door and arrest you. But I don't think this is an illegal investigation. The arrest of President Yoon Suk Yeol itself cannot be evidence of illegal collection. And the unit commander said that. I think that's something that needs to be revealed later. So far, I think there's no problem at all.

[Choi Jin-nyeong]
If I tell you one thing, the house of a drug offender and the presidential residence are completely different. Is the drug offender's house a public security facility? No. As I said, in the case of President Moon Jae In, four search and seizure warrants were requested against Cheong Wa Dae in connection with the interference in the Ulsan mayoral election, but for the same reason, Articles 110 and 111 of the Criminal Procedure Act, they have never been executed.

As you know, in this case, the exclusion of Articles 110 and 111 from the first warrant itself was very problematic in the regulation, and the second warrant is missing it. Then Articles 110 and 111 have no choice but to apply as they are. If you try to do so, you will eventually have to get consent from the security officer at the time, but if there is a controversy that you asked the commander of the 55 Guard Corps, who is guarding the second line without consent, to bring a stamp from someone who can't even approve it, it can be seen as a huge violation of the enforcement process. In my opinion, President Yoon Suk Yeol's lawyers are likely to actively appeal to the court not only the legality of the warrant itself, but also the illegality of the enforcement process.

[Anchor]
President Yoon initially said he would not seek arrest suit, but after much consideration, he turned to the Central District Court and made a claim. I think there will be some chance of winning. Did he see it like that on his own?

[Lee Seung Hoon]
Rather than having a chance of winning, President Yoon Suk Yeol is now being arrested, so it's a bit unfortunate from the perspective of his supporters, and some people express their anger about it. Then, the Senior Civil Servant Corruption Investigations Unit said it had no jurisdiction in the Seoul Western District Court, but it's hard not to just respond, so it seems that he filed a claim with the Central District Court to claim that the arrest warrant for the president was illegal in order to reject this.

This is more based on political strategies than legal arguments. If you can't go in without the approval of the commander of the unit, like lawyer Choi Jin-nyeong, the president has super constitutional rights. There's no way to arrest the president. According to lawyer Choi Jin-nyeong. Then I don't think it can happen in our constitutional system to do something that transcends our constitution.

Articles 110 and 111 say that official and military secrets about things, documents, and so on cannot be seized and searched without the approval of the commander of the unit, regardless of arrests of the president or arrests of people. If this applies, the way to arrest the president is completely eliminated from the current legal system, so I don't think that interpretation is correct.

[Anchor]
Anyway, it's the first time in constitutional history that an incumbent president has been arrested. It remains to be seen what the court will judge on this part, but anyway, President Yoon Suk Yeol exercised much of his right to remain silent, answered few questions, and did not deliver. From the point of view of the Senior Civil Servant Corruption Investigations Unit, if you continue to exercise your right to remain silent, how about requesting a warrant? Do you feel a bit of pressure?

[Choi Jinyoung]
That's right. We have two aspects of the right to refuse to make a statement, to put it simply, to remain silent. In the case of making a statement, there are cases in which people exercise the right to silence as a trick because they think they will admit their sins, while in the case of the right to silence exercised by President Yoon Suk Yeol this time, the police have the right to investigate related to the rebellion as a result of the Democratic Party's inspection and completion of the inspection, which is in the National Assembly.

But why is the Senior Civil Servant Corruption Investigations Unit investigating without the right to investigate? If the police subpoena me, I can go there and make active statements, but I can't say a word to you who don't have jurisdiction or the authority to investigate. Didn't you say that you didn't mean to deny my guilt, but that you actively responded to the investigation or impeachment proceedings yourself?

And we also promised to attend arbitrarily if we actually requested it. And yet it's a protest against the idea of arresting as if it were the value of the earth and earth. This case itself is not an assault or bribery at all, but a political case. Therefore, in light of the meaning of political protest, it means that I don't have to talk about it when I don't have legal authority, so in light of that, it is a claim against the Constitution that there is a disadvantageous disposition by exercising the right to refuse to state, which is the so-called right to refuse to state.

[Anchor]
There was an unprecedented situation yesterday in which an incumbent president was arrested, and this morning, the ruling and opposition parties expressed mixed positions on this part. Let's hear what he said first.

[Anchor]
We delivered the mixed views of the ruling and opposition parties on the execution of President Yoon's arrest. Immediately after President Yoon Suk Yeol's arrest, he also released a video message and delivered a six-written message. Let's check the graphic first what it's about. Martial law is not a crime. This is what it says.

The entrance to the handwriting written in fountain pen was released yesterday. It was an appeal to the people who borrowed the form of martial law. That's why we planned a small force. If you file an impeachment motion against a rebellion and go to trial to remove the rebellion, this is a fraudulent impeachment. That's what I claimed. There is too much evidence of rigged elections. I emphasized this story again. He claimed that the election watchdog's sham system that enables fraudulent elections is all revealed.

I used this metaphor. Many bodies that were stabbed to death have been found, and the failure to identify the killer does not mean that this is a normal natural death. I've expressed this position. President Yoon Suk Yeol's side and President Yoon Suk Yeol's position, which has been emphasized so far, were once again emphasized in a handwritten statement.

[Lee Seung Hoon]
I think it's for President Yoon Suk Yeol's supporters. There's been a murder and a lot of bodies have been found. But I couldn't identify the murder. Then you can't prosecute. Then you have to work harder on the investigation, and if there was a fraudulent election, you have to investigate the fraudulent election. However, there is no reason to block the National Assembly by mobilizing the military and conducting emergency martial law without investigating.

So it doesn't make any sense, but from his point of view, he has nothing to say to the people when he is arrested, so I'm watching him as a message to support his supporters. The rule of law in the Republic of Korea has stood again in this regard because the rule of law has been restored through arrest.

The president needs to make a point of his position and defend himself.If Ma keeps making up things that don't exist, later on, he may say that because he's in a difficult situation, but later on, the memory and image of President Yoon Suk Yeol in history will inevitably be very bad. In that respect, I think it would be nice if President Yoon Suk Yeol said something that was a little consistent with the rule of law.

[Anchor]
Martial law is an appeal to the public, but anyway, he emphasized the keyword of fraudulent elections. At the last moment, so even as I'm being arrested, is this the will that I want to emphasize?

[Choi Jinyoung]
That's right. From the fact that the 8800-character handwritten manuscript probably attended the Constitutional Court and wrote his own oral argument. Originally, if he was not arrested, he would have gone to the Constitutional Court and talked about this to the Constitutional Court and the whole people, but now that he is being arrested, I think he is trying to appeal to the people and to the Constitutional Court.

Isn't it the perception of the situation of the emergency martial law itself that you did at first while calmly greeting the people like a New Year's greeting? In a way, it is a state of war, an incident, and a similar state of emergency, but a state of emergency is a situation in which not only the disturbance of Gyeongseong but also the basic liberal democratic order is violated by impeachment manipulation, legislative manipulation, and budget manipulation, and it was inevitable to do emergency martial law as the president's exclusive authority talking about the constitution.

In particular, there are more people on the right wing of the free-right side who do not agree on the election suspicion. I'm also in the same position. Nevertheless, if President Yoon, the chief executive of state affairs, raises the issue to this extent, hasn't he created a consultative body between the ruling and opposition parties to confirm the suspicions about it, or the Board of Audit and Inspection effectively rejected it in some ways at the central election committee?

I would like to say that there should be an effort to resolve the suspicions to the public in a more open manner, not to simply deny the allegations raised by the president.

[Anchor]
What happened at the residence yesterday just before leaving the residence just before the arrest? Rep. Yoon Sang-hyun, who visited his official residence, said this in the media. Let's hear from him.

[Anchor]
Representative Yoon Sang-hyun said these things about the situation just before he left his official residence. Appearing on another YouTube channel, President Yoon Suk Yeol also made sandwiches in the morning for his lawyers. I also told him this later story, but President Yoon Suk Yeol was prepared to respond to the arrest a day ago, when he prepared sandwiches and things like this, can you infer from this situation?

[Lee Seung Hoon]
You know the bodyguards well because you're the president. I think he's a little skeptical about whether the guards will stop him to the end. In addition, Park Jong-joon, the head of the security department, went in and said, "He is a moderate and the person inside is a hard-line. So I had no choice but to talk about this aspect, and in fact, the security chief may have made a statement about the direction of security.

That's why the police could have gone in and been arrested quickly. In that respect, he must have had some regrets himself. And you don't feel so good because you know that you're bound to be arrested, right? That's why I think he wanted to make sandwiches for the lawyers who are struggling for him for breakfast. In that respect, it seems that they probably served the meal.

Trial, prosecution, and investigation of the president aside, this is also a tragic thing in history. After former President Park Geun Hye, I thought that there should be no more impeachment of the president, but I think it's a pity personally and historically because this happened again in another few years.

[Anchor]
He said he found his dog Tori just before he was sent.

[Choi Jinyoung]
That's right. Since there are no children between the couple, they adopted abandoned dogs, and in fact, they are like children. There's an official residence on the first floor.Ma was on the second floor with Tori and Mrs. Kim Gun-hee, right? I think the idea of meeting Tori for a while was actually to bring a little time with your family.

In fact, in the case of yesterday, I spoke to a member of the National People's Power on the phone. In the end, as you said earlier, President Yoon slept only an hour overnight as to why the Senior Civil Servant Corruption Investigations Unit was able to execute it relatively easily.

At the same time, when he heard that ordinary citizens were injured in the process of actually coming in around 7 o'clock after he had a basic determination that there should not be a physical conflict, he made a complete decision and told the security service and lawyers his opinion, knowing that this could hurt the public and hurt the young bodyguards of the security service.

In the first round of execution, when the lawmakers came, they came in and told me to eat rice cake soup, but the lawmakers refused. In the end, I couldn't go in because I was told to come in this time, but since he already said he would actively and arbitrarily go out, I think he asked the lawmakers to come inside and provided the refreshments he prepared himself in the process.

As I said, I think it played a very important role in yesterday's enforcement, crucially, that President Yoon Suk Yeol made the decision to attend at his discretion. [Anchor] I heard you talked to him on the phone. What kind of request did President Yoon make to the lawmakers, as he seems to have talked about many things at his official residence yesterday?

[Choi Jinyoung]
As I just said, he actually said that, too. President Yoon said, "Why don't you go out to the scene and talk to the people at least?" But later I found out that he had already filmed a video. And if you look at the contents, it's about 2 minutes and 50 seconds after the arrest in the afternoon, so I think you said that you prepared your own message to the people all night and made your own decisions about these procedures and procedures to go out arbitrarily.

[Anchor]
Pro-Yoon lawmakers who called for visiting the so-called official residence and protecting President Yoon. Regarding the psychology of these pro-Yoon lawmakers, Rep. Lee Joon-seok predicted that there will be some changes in the future. Let's listen to it.

[Anchor]
This is the personal opinion of Rep. Lee Jun-seok. So there's no reason to call and force me, and I guess there's a kind of sense of liberation now.

[Lee Seung Hoon]
From the point of view of Yoon Huk-gwan and his friends, his inner thoughts can be like that. I don't think it's appropriate for CEO Lee Joon-seok to express his inner feelings in that way. And since this is a historically severe time, I think it's better to go in a way that calls for actions that are consistent with the rule of law and democracy rather than scratching a certain emotional line.

Unfortunately, President Yoon Suk Yeol only slept for an hour.Many people couldn't sleep. In that respect, I wonder why the president wanted to fight the opposition. If you tried to go with the people, you would have been able to restore the national power and do better, so you still have a lot of resentment against the opposition party. I hope you can put it down and focus on the trial and investigation.

[Anchor]
What direction will the power of the people go in the future after the detention of Yoon Suk Yeol's president? I think we have no choice but to look at the trend of public opinion. The poll released today also showed these figures. It's an NBS poll. Let's start with the party approval rating. As you can see, the power of the people is 35, and the Democratic Party is 33. Although it is within the margin of error, we can see that the power of the people has reversed within the margin of error.

NBS poll. Let's check the suitability of the next president. Representative Lee Jae-myung is overwhelming in the opposition. 28%, but it didn't exceed 30% in this poll. Minister Kim Moon-soo is now in second place in this poll with 13%. Hong Joon Pyo, Oh Se-hoon, and Han Dong-hoon appear in order. First of all, the trend of opinion polls varies from institution to institution, but this poll and NBS poll have even turned the tables.

[Choi Jin-nyeong]
Deadcross is now golden cross, and in that it has seen a graph in which the approval rating of the people's power goes up through the approval rating of the Democratic Party, the Democratic Party must have been surprised, and in fact, in the same case not long ago, some even said they would file a complaint against some public opinion that the approval rating for President Yoon Suk Yeol is about 40 percent. From last week to this week, it seems clear that the overall approval rating for the people's power is rising and the approval rating for the Democratic Party is falling.

In addition, in the case of lawmaker Lee Joon-seok, he talked about his wishes a while ago, but would it be said that the National Assembly members of the People's Power have been freed from pressure without receiving a phone call from the president of Yoon Suk Yeol? As we are saying, in some polls, the approval rating for President Yoon Suk Yeol is higher than the approval rating for the power of the people.

So how this situation will proceed in the future. The arrest is another momentum, so we can't decide what the trend will be yet.Looking at the trend from December 3rd to now, Ma thinks that the judgment against the Democratic Party is rather a headwind, which is an indicator of that.

[Anchor]
First of all, the Democratic Party of Korea said that it was a conservative taxation, but if you look at the date and time of the survey, the survey was conducted until yesterday. Do you think yesterday's arrest execution was a variable?

[Lee Seung Hoon]
From a supporter's point of view, it may be a little sad to see the president being arrested. I think there is a high possibility that those parts were actively reflected. Polls always fluctuate at inflection points. When the president declared martial law, liberals or middle-class people declared martial law in this situation? As if actively participating in the opinion poll, conservatives should arrest the president from the standpoint of the president's arrest? In terms of active participation, I think the approval rating is fluctuating, and the Democratic Party of Korea is now focusing more on people's livelihoods and the economy because the president has been arrested, showing the stability of the state administration, and if it focuses more on that part because it is what the ruling party looks like, the poll trend will change again.

[Anchor]
In any case, the public opinion polls seem to be fluctuating, but the day after the arrest warrant for the president is executed, the People's Power leadership is tightening the judicial risk of representative Lee Jae-myung. Let's hear about it.

[Anchor]
I even heard lawmaker Jung Sung-ho's rebuttal that the defendant's right to defend should be guaranteed. Lawyer Choi Jin-nyeong, the appeals court of Lee Jae-myung's election law says it will suspend the case allocation and conduct an intensive hearing for two months, what is this about?

[Choi Jinyoung]
That's right. The same was true of former President Park Geun Hye. I remember that criminal trials against former President Park Geun Hye were also conducted up to two times a week at first and three times later, in my memory. As such, the intensive hearing is that other trials should be postponed and only this case should be intensively sentenced as soon as possible.

Therefore, we decided not to receive not only existing cases but also new dividends in consultation with other courts. If that happens, if the Constitutional Court does the impeachment process of President Yoon Suk Yeol twice a week this time through intensive hearing, there is a possibility that the appeals court will sentence him as early as mid-March.

Jung Sung-ho, a member of the Democratic Party of Korea, should guarantee his right to defend himself, but he guaranteed it as much as he could to the extent that it was hard to guarantee it anymore for two years and two months in the first trial. If so, I think it is reasonable not only for me but also for many people to agree that it is appropriate to respond as actively as possible in the appeals process.

[Anchor]
If it flows into the early presidential election phase, the ruling camp's attack on representative Lee Jae-myung's judicial risk will be stronger. What position do you think CEO Lee Jae-myung himself needs to express?

[Lee Seung Hoon]
From the ruling party's point of view, I think it can be urged. However, it would be unfair to go beyond urging and reach a level that puts too much pressure on the judiciary. Criminal trials are, in fact, the defendant's right to defend and the presumption of innocence is the most important, so it cannot be done quickly at least while violating the right to defend.

That aspect should not be overlooked, and the court's two-month intensive hearing means that it will be sentenced quickly. However, it is good to conduct intensive hearings to expedite the sentence, but it should not end without giving in to the pressure of the ruling party and having a proper hearing.

[Anchor]
You can't criticize the concentrated psychology itself?

[Lee Seung Hoon]
I can't criticize the case because the court will conduct an intensive hearing and speed up the case. However, even so, I think the defendant's right to defend should be fully guaranteed.

[Anchor]
I'll stop here with the news on Jungkook. Until now, it has been two lawyers, Choi Jin-nyeong and Lee Seung-hoon. Thank you.