■ Host: anchor Lee Ha-rin, anchor Jeong Jin-hyung
■ Starring: Baek Jong-gyu, social affairs reporter, lawyer Lee Go-eun
* 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]
As I told you, the president of Yoon Suk Yeol has asked the court to investigate the arrest of the detention center, saying that the arrest of the detention center is unfair. The interrogation will be held at the Seoul Central District Court at 5 p.m. shortly. President Yoon's side said the president will not attend in person. Let's take a look at the related contents one by one with Baek Jong-gyu and lawyer Lee Go-eun of the Ministry of Social Affairs
. How are you? In the end, the president said he would not attend in person, so who decided to go?
[Reporter]
That's the news that came right before. President Yoon Suk Yeol has decided not to attend the arrest suit today, and lawyers Bae Jin-han, Kim Gye-ri, and Seok Dong-hyun will attend as lawyers, Seok Dong-hyun said. First of all, the lawyer Bae Jin-han, who came out of the impeachment trial earlier, was also questioned by reporters. That's what I said then. When reporters today asked whether President Yoon will attend the arrest suit, lawyer Bae did not. Why aren't you attending? If you ask this question, aren't you under investigation by the Senior Civil Servant Corruption Investigations Unit? That's what I said. Another legal representative, lawyer Bae Bo-yoon, also said that President Yoon will not attend the arrest suit today.
[Anchor]
Lawyer, how does the arrest suit proceed?
Once the arrested suspect submits a claim to the competent court as to whether the arrest was legitimate or unjust. If so, the court that received the bill will receive the investigation records and all investigation records from the Senior Civil Servant Corruption Investigations Unit because the office is currently under investigation.
You have to interrogate within 48 hours after receiving the application. In the case of President Yoon Suk Yeol's case, the interrogation will be held later today at 5 p.m. If you interrogate, you'll have to make a decision in the end. If it is judged that the arrest was inappropriate, he should be released. If it is determined that there is no legal problem with the arrest warrant, the claim will be dismissed. After making such a decision, it goes through the process of returning the documents received from the investigative agency, the Senior Civil Servant Corruption Investigations Unit, to the prosecution and the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
The president's side has consistently argued that arrest warrants issued by the Western District Court are illegal. In the end, you filed an arrest suit with the Seoul Central District Court, right?
[Reporter]
Prior to the arrest, President Yoon Suk Yeol completely denied the legitimacy of the Senior Civil Servant Corruption Investigations Unit's investigation, saying, "There is enough evidence," or seek an arrest warrant from the Seoul Central District Court if it needs to be investigated. That's what I've been claiming. It is also noteworthy that the request was made to the Central District Court, not the Seoul Western District Court, which issued the arrest warrant. In preparation for the request for an arrest warrant, it is interpreted as a strategy to move the stage of the legal battle to the Central District Court, not to the unfavorable Seoul Western District Court.
Therefore, it seems that the Central District Court is less likely to issue an arrest warrant than the Seoul Western District Court. There are also interpretations that the request for an arrest investigation was aimed at changing the situation as an extension of the previous claim that the Senior Civil Servant Corruption Investigations Unit did not have the authority to investigate the alleged rebellion. Some analysts say that the investigation into President Yoon's investigation led by the Senior Civil Servant Corruption Investigations Unit is an attempt to strengthen the cause for rejection of the investigation, and to create favorable public opinion ahead of the full-fledged impeachment trial by gathering supporters.
[Anchor]
Lawyer, we're not actually legal experts, so if we ask you in that sense, wouldn't the Western District Court issue a warrant because it was suspicious and that an investigation would be needed? But he asked the Central District Court for an arrest suit. It looks strange to us, but is there no legal problem?
To begin with, there is no legal problem. The reason for this is that Article 214-2 of the Criminal Procedure Act states that the competent court is the place to request an examination of the legality of an arrest. In the Seoul Central District Court, it is also said that the court that issued the warrant can request such a suitability examination, not the court that issued the warrant, but the court that has jurisdiction.
[Seok Donghyun]
It is a dispute over the procedures for the legality, illegality, and injustice of arrest. So that's why I came here by our lawyers communicating the president's thoughts and positions to the trial instead.
[Reporter]
Even if the lawyers are present, the court can judge that if the party does not come, it is a waiver of the right to defend.
[Seok Donghyun]
It's not like that. I didn't come because the president is in custody now, and the president needs a lot of preparation if he tries to come to the court because of the security protocol, and the court needs a lot of procedural preparation, but I clearly say that I'm not going to sleep on this right after requesting an arrest suit.
[Reporter]
Then, why did you submit it to the Central District Court here, not the Western District Court?
[Seok Donghyun]
An arrest suit is where the suspect arrested by the competent court is now. Now the president is in Seoul Detention Center in Uiwang yesterday. The jurisdiction court of the Seoul Detention Center is the Seoul Central District Court, so this jurisdiction court has no choice but to do it here.
[Reporter]
What data did you submit to the court?
[Seok Donghyun]
As for the illegality of the arrest that we have been talking about, it is correct that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate and requests a warrant to the Seoul Central District Court. According to Article 31 of the Public Offices Act, only cases in which the Public Offices can file a prosecution have jurisdiction. In the case of the president now, the Senior Civil Servant Corruption Investigations Unit is not in the target group for prosecution. This means that the Senior Civil Servant Corruption Investigations Unit does not have the authority to file a prosecution. Therefore, it is absurd to apply Article 31 to the President and request an arrest warrant.
Even though Article 31 could not be applied to the president, the Airborne Service requested an arrest warrant, and the Western District Court closed its eyes to such violations of the law and issued an arrest warrant against the law. As a result, issuing arrest warrants is against the law, and in particular, during the arrest execution process, the Senior Civil Servant Corruption Investigations Unit even forged an official document on the 55th Guard Corps' access to the control, and we argued to the court in charge of arrest suit.
[Reporter]
Then, how do you expect today's results?
[Seok Donghyun]
First of all, I expect good results. In other words, it means that we expect a strict judgment on the illegality of the arrest. I have to go in because of the time. Well, I'll tell you after I see the results of the trial.
[Reporter]
Did you come here with a high school diploma today?
[Anchor]
An arrest investigation requested by President Yoon will be held at the Seoul Central District Court from 5 p.m. soon. Today, the president is not present, but instead, lawyer Seok Dong-hyun answers reporters' questions on his way to attend. When asked by a reporter why President Yoon Suk Yeol did not attend, it takes a lot of preparation to come to the court once due to the security protocol. However, when asked why he asked the Central District Court for an arrest suit, not the Western District Court, the Central District Court is the jurisdiction of the Seoul Detention Center, where President Yoon Suk Yeol is currently in custody. So I answered to the effect that I submitted an arrest suit to the Central District Court.
In the meantime, we have applied for an arrest warrant issued by the Seoul Western District Court because it was illegal, and this was the president's continued argument, so we applied for an arrest suit to the Central District Court, but if you look at what the president has said now, the president is detained in the Seoul Detention Center, and the Seoul Detention Center is in Uiwang, Gyeonggi-do, and the court has jurisdiction over it, so we asked the Central District Court for an arrest suit. Is that correct?
First of all, lawyer Seok Dong-hyun is half right and half wrong. In the case of land jurisdiction, as you said, the current location and the current location of the suspect are the Seoul Detention Center. The Seoul Detention Center is in charge of the current site, but the problem is that the land jurisdiction is also recognized as the defendant's address.
[Anchor]
So, is the jurisdiction of the Central District Court the Seoul Detention Center?
That's right. It is true that most people who are detained and tried in the Seoul Central District Court are detained in Seoul Detention Center. But now, he is not even under arrest, he has been arrested for a while, and no arrest warrant has been issued. Therefore, the jurisdiction is still recognized in the defendant's address and Hannam-dong residence, so lawyer Seok Dong-hyun said that the jurisdiction is now as if only the Seoul Central District Court has jurisdiction, but the Seoul Western District Court may still be a jurisdiction court because the defendant's address is still Hannam-dong's residence.
So, it seems that the request for an arrest suit could be sufficiently made not only to the Seoul Central District Court but also to the Western District Court, but according to the choice, it was made to the Seoul Central District Court.
[Anchor]
According to the president's argument, the court in which the Senior Civil Servant Corruption Investigations Unit prosecutes suspects is the Seoul Central District Court, so the arrest warrant itself should have been requested from them.
To explain in more detail, the case should eventually be transferred to the prosecution because the Senior Civil Servant Corruption Investigations Unit cannot be prosecuted, and the Seoul Central District Court prosecutes the case. Therefore, the arrest warrant should be obtained from the Seoul Central District Court and the prosecution should be the Seoul Central District Court. They're actually accomplices. In the case of former Minister Kim Yong-hyun, the trial of all accomplices is held in the Seoul Central District Court, but if the president is removed and the Seoul Western District Court is replaced, there could be problems with the proceedings of this trial and such. It was a lot of explanations.
However, in this case, if an arrest warrant is issued, for example, the prosecution can be prosecuted in the Central District Court even if an arrest warrant is issued by the Seoul Western District Court. That's not a legal issue. But it's a little awkward. Usually, it is done to the court where the warrant is issued, but the prosecutor of the Seoul Central District Prosecutors' Office can do the corresponding court affairs if you look at Article 5 of the Prosecutor's Office Act when doing income affairs. In other words, if the prosecutor of the Seoul Central District Prosecutors' Office prosecutes, he can do the trial inspection work of the Seoul Central District Court. Therefore, as a result, the prosecution is highly likely to do so from the Seoul Central District Prosecutors' Office to the Central District Court.
[Anchor]
As for the prosecution, we happen to be asking whether the arrest suit was legal or what do you think, and these responses came out. So, the arrest warrant was issued by the Western District Court. It's a little awkward to announce whether this itself is legal or not to the Central District Court.
It's awkward and it's very unusual because usually a judge named A has issued a warrant to the court that issues it, but it's usually done to the court that issues the arrest warrant, but it's a little unusual to leave this judgment to another court.
[Anchor]
Then, since the jurisdiction of the Seoul Detention Center is the Central District Court and the jurisdiction of the address is the Western District Court, our lawyer said earlier that we were in a position to choose both sides. Then, can anyone choose this and choose an arrest suit? Where to claim it?
The regulations say it's a competent court. It's possible if you ask if it's legally possible, but it's usually common to file a claim with the court where the warrant is issued, and I've never seen a suitability claim with another court like this.
[Anchor]
There is something mistaken about the jurisdiction of the court by lawyer Seok Dong-hyun. It's the process of correcting that part, right?
[Reporter]
That's right. Lawyer Seok Dong-hyun said he brought an official appointment today. However, in the meantime, it was evaluated as the mouth of the President of Yoon Suk Yeol without issuing an official appointment. But yesterday, lawyer Seok Dong-hyun said that he did not request an investigation of an arrest suit, and suddenly lawyer Yoon Gap-geun said, "We asked the Central District Court for an arrest suit." President Yoon's lawyers are rushing to take a different position, causing confusion. But he posted the process of this confusion on social media. In this post, lawyer Seok protested that when he said he was not considering arresting an investigation, he knew that he could only file a claim with the Western District Court that issued the arrest warrant if major lawyers were in the Senior Civil Servant Corruption Investigations Unit.
In fact, it's a different story even if we talk about it today. At the same time, he explained that it was because he thought it was meaningless to ask the Western District Court, which issued such a false warrant twice and rejected the objection. So, it seems that there was no prior consultation between lawyer Seok and lawyer Yoon Gap-geun, President Yoon's official lawyer. That's why lawyer Seok predicted the direction of legal action. There are also voices of concern about such offbeat remarks in the passport. But today, we're going to have an official appointment. In the future, we will have to wait and see if these situations will appear due to lack of communication.
[Anchor]
Lawyer, you filed different claims in different jurisdictions, and you organized these parts earlier, but if we look into the arrest suit itself, we remember telling you a lot of news about the legality of the arrest warrant.Ma's arresting pride, something new. The feeling. Is this a big charge?
No, I've also been a prosecutor, but there are very few cases of arrest. The reason is that time is too short to claim arrest suitability. Since an application for legality must be filed within 48 hours, but in the case of ordinary suspects, there is only one lawyer, so one lawyer should prepare for an arrest warrant and then prepare for a substantive examination when an arrest warrant is requested. I don't have much time. So it's very rare and one of the reasons why it's so rare to claim an arrest suit is that it's very difficult to be quoted in practice, even though we can't afford time.
[Anchor]
What's the citation rate?
I don't know the specific citation rate, but I've only seen it once while working as a prosecutor. Other than that, I've never received a decision to cite it out of legitimacy. Receiving a citation decision is only accepted if there is such a clear error, for example, whether the competent court itself is completely wrong or if the Miranda principle is not notified during the arrest process. You can think of it as a very exceptional case.
[Anchor]
So in what case are you asking for an arrest suit? You said it's very rare. Rare means that there is something.
As I said earlier, there is no jurisdiction, but an arrest warrant is requested there, or Miranda's principle, that is, various rights that must be notified under the Criminal Procedure Act have not been notified in the execution of an arrest warrant, or it can only be cited when there is such a formal error or clear error.
[Anchor]
We are showing you the front of the Seoul Central District Court on the screen. Perhaps the arrest investigation was scheduled for 5 o'clock, so it seems to have started now. You can see the president's supporters gathered in front of the court. Usually, I wonder what kind of process it goes through and how long it takes.
Usually, it usually ends in about 30 minutes. However, sometimes when a person is present, the longer the person's statement is, the longer it is. However, there will probably be no attendance today, but even prosecutors from the Senior Civil Servant Corruption Investigations Unit are present. Therefore, the claimant usually listens only to the attorney of the party, but the prosecutors of the Senior Civil Servant Corruption Investigations Unit were also present, so you can protest to the effect that the warrant issued by the Western District Court is legal and that you have been recognized for your right to investigate. Therefore, I carefully guess that it will take more than an hour.
[Anchor]
Arrested pride, the most curious thing right now is this part of how the results will come out, but lawyer Seok Dong-hyun left a short answer like this, saying he expects good results today. Related recordings are prepared. Let's listen to it first and continue. If you don't request an arrest warrant within 48 hours after your arrest, you have to release it, and if the arrest investigation proceeds like this, the time required for this examination will not be counted in 48 hours. You said that the probability of being quoted is very low now, but there must be a reason why the president made a claim.
If I guess carefully, the first reason seems to be to secure the legitimacy of the claims made by President Yoon Suk Yeol and his lawyers. As I said earlier, when will an arrest suit be filed, and when will it be cited? There should be a very obvious formal defect. Claims are sometimes made and cited when there are such things as wrong jurisdiction or very illegal execution of arrest warrants. At a very low probability. I said this, but the president of Yoon Suk Yeol continued to be wrong in the jurisdiction of the court.
He claimed that it was illegal because it was issued by a court with no jurisdiction because it should have been done in the Seoul Central District Act. The investigative agency and the investigative agency that requested the warrant have also argued that the Senior Civil Servant Corruption Investigations Unit is also illegal due to these two issues because it is a warrant requested by an agency that does not have the right to investigate the crime of rebellion. Therefore, I think it is to secure the legitimacy of my argument by requesting an arrest suit for these two issues. Second, if we want to think about it a little more, can't we delay time and time on this part? I think I also considered this.
[Anchor]
Then, if the arrest suit currently underway in the Central District Court is dismissed, will all the investigative and jurisdictional issues that the President of Yoon Suk Yeol has argued for so far be resolved? What's going to happen?
I think it can be partially resolved. Because in the meantime, there has been only the judgment of the Western District Court. I filed an objection with the Western District Court as to whether the warrant of the Western District Court, which was first issued, was illegal or not. I was rejected. Again, I received a reissued copy from the Western District Court. So far, there has been only the judgment of the judges of the Western District Court that the warrant is legal, but if the Central District Court decides to dismiss the arrest suit by changing the court itself, even if the jurisdiction is no longer changed to the court, the actual benefit of the claim and the power may be lost.
[Anchor]
At around 2:03 p.m. today, the documents related to the arrest suit were received. The suitability review is underway now. I don't know when it will end, but it will be extended without being counted from 48 hours until the end time. Originally, there was a saying that they would seek an arrest warrant as early as today, but then the timing will be delayed, right?
[Reporter]
That's right. The arrest warrant was executed at 10:33 yesterday. And the time stopped at 2 p.m. today. Then, there is less than a day left for the Senior Civil Servant Corruption Investigations Unit to investigate. So, originally, an arrest warrant was requested, and now Yoon Suk Yeol is exercising its right to refuse to make a statement. And I'm not saying anything. It is not answering questions from prosecutors. This is a situation where this position is coming out. That's why there are many predictions that the Senior Civil Servant Corruption Investigations Unit will seek an arrest warrant this afternoon or tomorrow morning.
However, since the arrest deadline is suspended from 2 p.m. today until the result of the arrest suit is released, the warrant request is unlikely to go according to any timetable of the Senior Civil Servant Corruption Investigations Unit. It looks like it will be delayed further. Then, I think it could be a situation that can be passed tomorrow afternoon or the weekend after tomorrow.
[Anchor]
Lawyer, how long can the arrest warrant be hated up to?
It seems to depend on when the results for today's registration claim will come out. Actually, I don't know when I put in the bill, but even if I put it in last night, if it was set at 5 p.m. today, it was caught very quickly. Usually, the interrogation should be conducted within 48 hours, but the interrogation date was set within 12 hours of receiving the bill, so it can be interpreted as the intention of the court to quickly set the interrogation date and quickly conclude the situation to stabilize the situation itself. If so, I think a conclusion may be reached within midnight today.
Usually, it is rarely cited in cases of arrest suit, so the decision to dismiss is concluded very quickly. Therefore, if you say you're coming out by midnight, for example, today, if the decision is made by midnight, you have to return the investigation documents that the court kept to the Senior Civil Servant Corruption Investigations Unit. The period of return is not established. So, time is not counted until it is decided, but until the litigation documents are returned to the prosecution office after the decision. So if the time I returned it is midnight today, 8 hours were suspended. If so, the deadline for arrest was originally 10:30 a.m. tomorrow, but if this is pushed back by about 8 hours, it could be the deadline to decide whether to request an arrest warrant or not by 6:30 p.m.
[Anchor]
We continue to show you in front of the Seoul Central District Court at this time on the screen. Now, the Central District Court is conducting an arrest investigation requested by the president. An arrest warrant issued by the Seoul Western District Court is illegal and an arrest investigation is currently underway that requested to review it again. In front of the Seoul Central District Court, supporters of the president are holding a support rally. In the case of supporters of the president, they have moved to the Gwacheon Government Complex, in front of the Senior Civil Servant Corruption Investigations Unit, the Seoul Detention Center, and now to the Seoul Central District Court to continue holding anti-impeachment rallies.
Let's take a look at the president's investigation. President Yoon finished investigating the Senior Civil Servant Corruption Investigations Unit last night and is now in Seoul Detention Center. Yesterday's investigation revealed that they continued to exercise their right to remain silent. And it is said that today's investigation was rejected, saying that it was said enough yesterday. Please organize it.
[Reporter]
President Yoon Suk Yeol exercised his right to refuse to make a statement yesterday as well. Now, the investigation was scheduled for today. But he said he wouldn't appear in the morning investigation. And the Senior Civil Servant Corruption Investigations Unit told me to come out for investigation by 2 p.m., but I said I wouldn't be investigated again after that. The reason why the president of Yoon Suk Yeol heard was for health reasons. I'm not in good health, and I talked enough yesterday when the President of Yoon Suk Yeol was under investigation by the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
I exercised my right to remain silent, but I talked enough. That's what you said, right?
[Reporter]
But they said they talked about some of it. So there is nothing more to be investigated because I conveyed my position. I revealed it like this. He also said that the lawyer will give an opinion on the details of the interrogation. Now there's an arrest investigation. Once you go in and this is quoted, the investigation will not be possible. And if it is dismissed or dismissed, the investigation is expected to continue. If President Yoon Suk Yeol continues to refuse to investigate afterwards, there is a possibility that the Senior Civil Servant Corruption Investigations Unit may force President Yoon, who is being held in the Seoul Detention Center, to be taken into the Senior Civil Servant Corruption Investigations Unit, but the Senior Civil Servant Corruption Investigations Unit is still looking into this relationship, whether he can be taken into custody, and whether he can be taken into custody.
[Anchor]
Lawyer, the Senior Civil Servant Corruption Investigations Unit must have secured recruits to investigate, but President Yoon Suk Yeol has nothing to investigate. I fully conveyed my position yesterday, if it comes out like this, so in short, if I refuse, can't any further investigation be conducted?
I'm afraid not. If there is a health reason, as mentioned by the Senior Civil Servant Corruption Investigations Unit today, the Senior Civil Servant Corruption Investigations Unit may go directly to the detention center and conduct an investigation at the detention center. In fact, if the suspects in detention are not in good health, the police or prosecution actually go to the detention center to investigate. There is a space where you can go directly to the detention center and investigate. So you can do your research there. In addition, as the anchor said earlier, the arrest warrant has all the effect of the arrest warrant for investigation. Therefore, even without a separate warrant for arrest, the validity of the arrest warrant includes the effect of being forced to arrest and inch when an investigation is needed, so if you continue to refuse, you can go to the detention center if you think the investigation is necessary. We're going to call the president of Yoon Suk Yeol while waiting in the detention center, and if he doesn't come out, we can do an investigation inside the detention center with forced inches.
[Anchor]
Wait a minute. I'll let you know first because there's a breaking news. The Constitutional Court is currently holding a second hearing on President Yoon's impeachment trial. The president couldn't attend. Breaking news about the Constitutional Court's adoption of witnesses has been heard. There was a breaking news that police chief Jo Ji-ho, Special Forces commander Kwak Jong-geun, Capital Defense commander Lee Jin-woo, and Yeo In-hyeong counterintelligence commander were adopted as witnesses. There was a breaking news that former Defense Minister Kim Yong-hyun was also adopted as a witness.
I'll give it to you again. Today, the second day of the impeachment trial is underway in connection with the emergency martial law of the president of Yoon Suk Yeol, and the Constitutional Court has reported that former Defense Ministers Jo Ji-ho, Kwak Jong-geun, Lee Jin-woo, Yeo In-hong and Kim Yong-hyun have also adopted witnesses. As soon as the related information is more organized, I will deliver it again in the following report. We were talking about the right to remain silent. Then, the prosecutor can go to the detention center and conduct a door-to-door investigation, and if the detention center refuses to comply, forced inches are also possible in the investigation room, right?
That's right. But the fact that President Yoon Suk Yeol's attitude of not going out because I have nothing more to say is an investigation is a process of asking the investigator what he wants to ask and hearing his answer, not to say what I want to say. What I want to say is through an answer sheet, whether it's an opinion. The suspect's interrogation is aimed at confirming the suspect's position on issues that the investigating agency is curious about. But now, President Yoon Suk Yeol's words are seen as an overturned claim by a certain host.
So, there were reports this morning that the Senior Civil Servant Corruption Investigations Unit would probably wait for the intention to refuse to comply with the investigation, but it seems that the Senior Civil Servant Corruption Investigations Unit's position is that there are still issues that we need to check. So President Yoon Suk Yeol's I've talked enough about this, I have nothing more to say. We cannot refuse to comply with the investigation for this reason.
[Anchor]
We'll give you additional news first when we get an additional news report. It is a news that the Constitutional Court has also designated the 6th to 8th anniversary of the impeachment trial of President Yoon Suk Yeol. The dates will be held all day from 10 a.m. on February 6th, 11th, and 13th. It was previously set until the 5th date. It was designated until the 5th pleading date by February 4th across Tuesday and Thursday. Following today's adoption of witnesses, it is breaking news that the 6th to 8th dates have also been designated. It is set for February 6th, 11th, and 13th at 10 am.
Once again, the Constitutional Court is currently holding the second hearing of the impeachment trial of President Yoon Suk Yeol. Earlier, the president was detained in Seoul Detention Center, so he was unable to attend in person. It is breaking news that police chief Cho Ji-ho and former Defense Minister Kim Yong-hyun were adopted as witnesses, and the 6th to 8th hearing dates were also designated today.
[Anchor]
We will summarize the related news again in the following news. Reporter Baek reportedly exercised his right to refuse to make a statement to the president of Yoon Suk Yeol yesterday, but some of the contents were said to have made a statement. What did he state?
[Reporter]
In the first investigation conducted by the Senior Civil Servant Corruption Investigations Unit on Wednesday, he said that the reason and justification of the declaration of emergency martial law were not established. The president of Yoon Suk Yeol explained this. However, it is said that the ability to prove is not recognized because it is not stamped on the record. However, talking about the investigation situation of the Senior Civil Servant Corruption Investigations Unit is a little different. The Senior Civil Servant Corruption Investigations Unit prepared questions for more than 200 pages, but President Yoon Suk Yeol said he would exercise his right to refuse to make a statement and did not even answer. At the same time, he explained that he did not answer the Injeong newspaper asking for his name and address. Therefore, the Senior Civil Servant Corruption Investigations Unit uses the right to refuse to make a statement and the right to remain silent against President Yoon because further investigation is needed. I'm continuing to express this position.
[Anchor]
If President Yoon continues to refuse to make statements, will the Senior Civil Servant Corruption Investigations Unit have to request a warrant based on former Minister Kim Yong-hyun's indictment?
[Reporter]
That's right. The reason why President Yoon Suk Yeol refuses to make a statement is that the investigation and arrest of the Senior Civil Servant Corruption Investigations Unit, the request and issuance of arrest warrants, and the execution of arrest warrants are all illegal. That's why it seems to be emphasizing once again that it is an illegal investigation not to comply with the investigation. If President Yoon's refusal to make a statement continues, some observers say that he may just seek a warrant without the maximum detention time of 48 hours. It means that the investigation can be completed by writing only the summary without asking the remaining questions.
Earlier, however, as former Defense Minister Kim Yong-hyun was arrested and charged, the indictment was made public, and if you look at it, President Yoon Suk Yeol was mentioned more than 140 times. And since the situation itself is presented in such detail, I believe that they will request a warrant after looking at the contents of the prosecution by the investigative agency. However, none of the former presidents who were investigated by investigative agencies refused to make statements during the entire investigation.
[Anchor]
The exercise of the right to refuse to make a statement can be seen as one of the natural defense rights, and as a result, I think we can predict whether it will be helpful or disadvantageous to President Yoon Suk Yeol. What do you think? Lawyer?
First of all, I think the president of Yoon Suk Yeol will be advantageous if he says he thinks in terms of litigation. The reason is that the interrogation of the suspect is because I state it, so the victim shows my hand to the other person by making a statement. In addition, by asking the opposite question, the investigative agency shows the suspect the evidence relationship of the investigative agency or the claimant's statement. However, the fact that they should have shown each other's cards is that the investigative agency, the Senior Civil Servant Corruption Investigations Unit, currently has evidence and can find out the rough details of how the people involved asked and answered questions.
I think President Yoon Suk Yeol, who has been a prosecutor for more than 20 years, will know this better. So it's possible that I didn't answer the question about yesterday's trigger, but I kept taking notes on the gist of the question. Through this, I think we will be able to understand what areas to make an issue through lawsuits in the future. But if that happens, isn't it always a choice not to show the cards in all suspects' cases?
But in fact, it is difficult for most suspects to do so. Because it is very difficult in reality to go to the prosecution office as a suspect and refuse to make all statements about questions asked by prosecutors and prosecutors. So if there's anything unfair, you make a specific statement. If you admit it, you admit it, but most of the suspects state why I committed this crime. Currently, he has exercised his right to refuse to make a statement and although it will be advantageous in terms of litigation, I think he can be disadvantaged by issuing an arrest warrant.
Because uncooperative attitude in the investigation process is likely to be uncooperative in the future trial process, and this may be unfavorable because the prosecutor of the Senior Civil Servant Corruption Investigations Unit is likely to explain the reason for requesting an arrest warrant.
[Anchor]
We continue to show you the appearance in front of the Seoul Central District Court at this time. It's 5:25 now. The body mass review began at 5 o'clock, so about 20 minutes have passed. Supporters should release Yoon in front of the Seoul Central District Court and send him back to his official residence. I'm showing you a situation where you're shouting like this. Attention is focusing on how President Yoon, who has been known as a steel prosecutor while investigating a big man for decades, will be investigated now. If you look at the investigation yesterday, the title of President Yoon is also known. Prosecutors at the Senior Civil Servant Corruption Investigations Unit call President Yoon the president and write him as a suspect in the newspaper report, right?
[Reporter]
In the first investigation since his arrest yesterday, Lee Jae-seung, deputy chief of the Senior Civil Servant Corruption Investigations Unit, took charge of the first investigation. Considering that he is the incumbent president, the deputy director came out and conducted the first investigation of the president of Yoon Suk Yeol. The investigation began here by calling the president of Yoon Suk Yeol the president. It is common to call a suspect, but it is known that the name was used as a courtesy because the suspect, who is suspected of being the head of a rebellion, is the incumbent president. The Senior Civil Servant Corruption Investigations Unit also explained like this. The term president was also used when other former presidents, such as Lee Myung Bak and Park Geun Hye, were investigated by prosecutors. And when Oh Dong-woon, head of the Airborne Division, came to the National Assembly on the 24th of last month, he also used the honorific name "President Yoon." Yesterday, the Senior Civil Servant Corruption Investigations Unit executed an arrest warrant from President Yoon's residence to the Senior Civil Servant Corruption Investigations Unit, allowing him to move using a security guard vehicle without handcuffing President Yoon Suk Yeol. This can also be seen as a courtesy to the incumbent president.
[Anchor]
When President Yoon was arrested, a security car was used to transfer him to the detention center, not a convoy, and this should be seen as a courtesy, right?
[Reporter]
That's right. When executing the warrant, the prosecutor of the Senior Civil Servant Corruption Investigations Unit went inside the official residence and consulted with the representatives of the President of Yoon Suk Yeol in the official residence. Originally, it is common to take a convoy. By the way, President Yoon Suk Yeol yesterday was the Cadillac's super SUV. I took this vehicle. It is known that this vehicle is also equipped with bulletproof functions. Unlike passenger cars that are mainly used for commuting, it is known to be used for visiting outside events, disaster areas, and visits. This vehicle is famous as the president's security vehicle. U.S. President-elect Donald Trump also drove this vehicle during his first term in office.
[Anchor]
We are continuing to broadcast live the appearance in front of the Seoul Central District Court at this time. As I delivered it live, the screen was uneven for a while. We ask for your understanding. Let's take a look at the car that the president was in. You said it was a Cadillac vehicle equipped with bulletproof functions, but now the Seoul Central District Court is investigating the president's arrest, but the president is still detained in the Seoul Detention Center. The Seoul Detention Center is where the former president was also imprisoned. What kind of place is it?
[Reporter]
The Seoul Detention Center where President Yoon is detained is in Uiwang-si, Gyeonggi-do. The waiting room for the suspect, where President Yoon is detained, is a solitary cell of about 3 pyeong. Only minimal tools such as televisions, folding mattresses, and blankets are provided in the bathroom in the partition. President Yoon Suk Yeol is living in plain clothes instead of prison uniform...
[Anchor]
Because he's under arrest, not arrest, right?
[Reporter]
In general, I know that there are people who are not wearing prison uniforms.
They usually wear plain clothes under arrest. However, in a way, when there is a moment when you have to sleep, you pay for the activities in it, but it's not a prison uniform. You have to be arrested to receive a prison uniform. If you are arrested, you will be given a prison number and you will be paid a prison uniform with your prison number written on it. Because of the current arrest, the average suspect, not the president of Yoon Suk Yeol, will remain in plain clothes.
[Anchor]
There are a lot of questions we want to ask and answers we want to hear, but we have limited time, so I think we should stop here. So far, I've talked with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and lawyer Lee Go-eun.
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[Anchor]
As I told you, the president of Yoon Suk Yeol has asked the court to investigate the arrest of the detention center, saying that the arrest of the detention center is unfair. The interrogation will be held at the Seoul Central District Court at 5 p.m. shortly. President Yoon's side said the president will not attend in person. Let's take a look at the related contents one by one with Baek Jong-gyu and lawyer Lee Go-eun of the Ministry of Social Affairs
. How are you? In the end, the president said he would not attend in person, so who decided to go?
[Reporter]
That's the news that came right before. President Yoon Suk Yeol has decided not to attend the arrest suit today, and lawyers Bae Jin-han, Kim Gye-ri, and Seok Dong-hyun will attend as lawyers, Seok Dong-hyun said. First of all, the lawyer Bae Jin-han, who came out of the impeachment trial earlier, was also questioned by reporters. That's what I said then. When reporters today asked whether President Yoon will attend the arrest suit, lawyer Bae did not. Why aren't you attending? If you ask this question, aren't you under investigation by the Senior Civil Servant Corruption Investigations Unit? That's what I said. Another legal representative, lawyer Bae Bo-yoon, also said that President Yoon will not attend the arrest suit today.
[Anchor]
Lawyer, how does the arrest suit proceed?
Once the arrested suspect submits a claim to the competent court as to whether the arrest was legitimate or unjust. If so, the court that received the bill will receive the investigation records and all investigation records from the Senior Civil Servant Corruption Investigations Unit because the office is currently under investigation.
You have to interrogate within 48 hours after receiving the application. In the case of President Yoon Suk Yeol's case, the interrogation will be held later today at 5 p.m. If you interrogate, you'll have to make a decision in the end. If it is judged that the arrest was inappropriate, he should be released. If it is determined that there is no legal problem with the arrest warrant, the claim will be dismissed. After making such a decision, it goes through the process of returning the documents received from the investigative agency, the Senior Civil Servant Corruption Investigations Unit, to the prosecution and the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
The president's side has consistently argued that arrest warrants issued by the Western District Court are illegal. In the end, you filed an arrest suit with the Seoul Central District Court, right?
[Reporter]
Prior to the arrest, President Yoon Suk Yeol completely denied the legitimacy of the Senior Civil Servant Corruption Investigations Unit's investigation, saying, "There is enough evidence," or seek an arrest warrant from the Seoul Central District Court if it needs to be investigated. That's what I've been claiming. It is also noteworthy that the request was made to the Central District Court, not the Seoul Western District Court, which issued the arrest warrant. In preparation for the request for an arrest warrant, it is interpreted as a strategy to move the stage of the legal battle to the Central District Court, not to the unfavorable Seoul Western District Court.
Therefore, it seems that the Central District Court is less likely to issue an arrest warrant than the Seoul Western District Court. There are also interpretations that the request for an arrest investigation was aimed at changing the situation as an extension of the previous claim that the Senior Civil Servant Corruption Investigations Unit did not have the authority to investigate the alleged rebellion. Some analysts say that the investigation into President Yoon's investigation led by the Senior Civil Servant Corruption Investigations Unit is an attempt to strengthen the cause for rejection of the investigation, and to create favorable public opinion ahead of the full-fledged impeachment trial by gathering supporters.
[Anchor]
Lawyer, we're not actually legal experts, so if we ask you in that sense, wouldn't the Western District Court issue a warrant because it was suspicious and that an investigation would be needed? But he asked the Central District Court for an arrest suit. It looks strange to us, but is there no legal problem?
To begin with, there is no legal problem. The reason for this is that Article 214-2 of the Criminal Procedure Act states that the competent court is the place to request an examination of the legality of an arrest. In the Seoul Central District Court, it is also said that the court that issued the warrant can request such a suitability examination, not the court that issued the warrant, but the court that has jurisdiction.
[Seok Donghyun]
It is a dispute over the procedures for the legality, illegality, and injustice of arrest. So that's why I came here by our lawyers communicating the president's thoughts and positions to the trial instead.
[Reporter]
Even if the lawyers are present, the court can judge that if the party does not come, it is a waiver of the right to defend.
[Seok Donghyun]
It's not like that. I didn't come because the president is in custody now, and the president needs a lot of preparation if he tries to come to the court because of the security protocol, and the court needs a lot of procedural preparation, but I clearly say that I'm not going to sleep on this right after requesting an arrest suit.
[Reporter]
Then, why did you submit it to the Central District Court here, not the Western District Court?
[Seok Donghyun]
An arrest suit is where the suspect arrested by the competent court is now. Now the president is in Seoul Detention Center in Uiwang yesterday. The jurisdiction court of the Seoul Detention Center is the Seoul Central District Court, so this jurisdiction court has no choice but to do it here.
[Reporter]
What data did you submit to the court?
[Seok Donghyun]
As for the illegality of the arrest that we have been talking about, it is correct that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate and requests a warrant to the Seoul Central District Court. According to Article 31 of the Public Offices Act, only cases in which the Public Offices can file a prosecution have jurisdiction. In the case of the president now, the Senior Civil Servant Corruption Investigations Unit is not in the target group for prosecution. This means that the Senior Civil Servant Corruption Investigations Unit does not have the authority to file a prosecution. Therefore, it is absurd to apply Article 31 to the President and request an arrest warrant.
Even though Article 31 could not be applied to the president, the Airborne Service requested an arrest warrant, and the Western District Court closed its eyes to such violations of the law and issued an arrest warrant against the law. As a result, issuing arrest warrants is against the law, and in particular, during the arrest execution process, the Senior Civil Servant Corruption Investigations Unit even forged an official document on the 55th Guard Corps' access to the control, and we argued to the court in charge of arrest suit.
[Reporter]
Then, how do you expect today's results?
[Seok Donghyun]
First of all, I expect good results. In other words, it means that we expect a strict judgment on the illegality of the arrest. I have to go in because of the time. Well, I'll tell you after I see the results of the trial.
[Reporter]
Did you come here with a high school diploma today?
[Anchor]
An arrest investigation requested by President Yoon will be held at the Seoul Central District Court from 5 p.m. soon. Today, the president is not present, but instead, lawyer Seok Dong-hyun answers reporters' questions on his way to attend. When asked by a reporter why President Yoon Suk Yeol did not attend, it takes a lot of preparation to come to the court once due to the security protocol. However, when asked why he asked the Central District Court for an arrest suit, not the Western District Court, the Central District Court is the jurisdiction of the Seoul Detention Center, where President Yoon Suk Yeol is currently in custody. So I answered to the effect that I submitted an arrest suit to the Central District Court.
In the meantime, we have applied for an arrest warrant issued by the Seoul Western District Court because it was illegal, and this was the president's continued argument, so we applied for an arrest suit to the Central District Court, but if you look at what the president has said now, the president is detained in the Seoul Detention Center, and the Seoul Detention Center is in Uiwang, Gyeonggi-do, and the court has jurisdiction over it, so we asked the Central District Court for an arrest suit. Is that correct?
First of all, lawyer Seok Dong-hyun is half right and half wrong. In the case of land jurisdiction, as you said, the current location and the current location of the suspect are the Seoul Detention Center. The Seoul Detention Center is in charge of the current site, but the problem is that the land jurisdiction is also recognized as the defendant's address.
[Anchor]
So, is the jurisdiction of the Central District Court the Seoul Detention Center?
That's right. It is true that most people who are detained and tried in the Seoul Central District Court are detained in Seoul Detention Center. But now, he is not even under arrest, he has been arrested for a while, and no arrest warrant has been issued. Therefore, the jurisdiction is still recognized in the defendant's address and Hannam-dong residence, so lawyer Seok Dong-hyun said that the jurisdiction is now as if only the Seoul Central District Court has jurisdiction, but the Seoul Western District Court may still be a jurisdiction court because the defendant's address is still Hannam-dong's residence.
So, it seems that the request for an arrest suit could be sufficiently made not only to the Seoul Central District Court but also to the Western District Court, but according to the choice, it was made to the Seoul Central District Court.
[Anchor]
According to the president's argument, the court in which the Senior Civil Servant Corruption Investigations Unit prosecutes suspects is the Seoul Central District Court, so the arrest warrant itself should have been requested from them.
To explain in more detail, the case should eventually be transferred to the prosecution because the Senior Civil Servant Corruption Investigations Unit cannot be prosecuted, and the Seoul Central District Court prosecutes the case. Therefore, the arrest warrant should be obtained from the Seoul Central District Court and the prosecution should be the Seoul Central District Court. They're actually accomplices. In the case of former Minister Kim Yong-hyun, the trial of all accomplices is held in the Seoul Central District Court, but if the president is removed and the Seoul Western District Court is replaced, there could be problems with the proceedings of this trial and such. It was a lot of explanations.
However, in this case, if an arrest warrant is issued, for example, the prosecution can be prosecuted in the Central District Court even if an arrest warrant is issued by the Seoul Western District Court. That's not a legal issue. But it's a little awkward. Usually, it is done to the court where the warrant is issued, but the prosecutor of the Seoul Central District Prosecutors' Office can do the corresponding court affairs if you look at Article 5 of the Prosecutor's Office Act when doing income affairs. In other words, if the prosecutor of the Seoul Central District Prosecutors' Office prosecutes, he can do the trial inspection work of the Seoul Central District Court. Therefore, as a result, the prosecution is highly likely to do so from the Seoul Central District Prosecutors' Office to the Central District Court.
[Anchor]
As for the prosecution, we happen to be asking whether the arrest suit was legal or what do you think, and these responses came out. So, the arrest warrant was issued by the Western District Court. It's a little awkward to announce whether this itself is legal or not to the Central District Court.
It's awkward and it's very unusual because usually a judge named A has issued a warrant to the court that issues it, but it's usually done to the court that issues the arrest warrant, but it's a little unusual to leave this judgment to another court.
[Anchor]
Then, since the jurisdiction of the Seoul Detention Center is the Central District Court and the jurisdiction of the address is the Western District Court, our lawyer said earlier that we were in a position to choose both sides. Then, can anyone choose this and choose an arrest suit? Where to claim it?
The regulations say it's a competent court. It's possible if you ask if it's legally possible, but it's usually common to file a claim with the court where the warrant is issued, and I've never seen a suitability claim with another court like this.
[Anchor]
There is something mistaken about the jurisdiction of the court by lawyer Seok Dong-hyun. It's the process of correcting that part, right?
[Reporter]
That's right. Lawyer Seok Dong-hyun said he brought an official appointment today. However, in the meantime, it was evaluated as the mouth of the President of Yoon Suk Yeol without issuing an official appointment. But yesterday, lawyer Seok Dong-hyun said that he did not request an investigation of an arrest suit, and suddenly lawyer Yoon Gap-geun said, "We asked the Central District Court for an arrest suit." President Yoon's lawyers are rushing to take a different position, causing confusion. But he posted the process of this confusion on social media. In this post, lawyer Seok protested that when he said he was not considering arresting an investigation, he knew that he could only file a claim with the Western District Court that issued the arrest warrant if major lawyers were in the Senior Civil Servant Corruption Investigations Unit.
In fact, it's a different story even if we talk about it today. At the same time, he explained that it was because he thought it was meaningless to ask the Western District Court, which issued such a false warrant twice and rejected the objection. So, it seems that there was no prior consultation between lawyer Seok and lawyer Yoon Gap-geun, President Yoon's official lawyer. That's why lawyer Seok predicted the direction of legal action. There are also voices of concern about such offbeat remarks in the passport. But today, we're going to have an official appointment. In the future, we will have to wait and see if these situations will appear due to lack of communication.
[Anchor]
Lawyer, you filed different claims in different jurisdictions, and you organized these parts earlier, but if we look into the arrest suit itself, we remember telling you a lot of news about the legality of the arrest warrant.Ma's arresting pride, something new. The feeling. Is this a big charge?
No, I've also been a prosecutor, but there are very few cases of arrest. The reason is that time is too short to claim arrest suitability. Since an application for legality must be filed within 48 hours, but in the case of ordinary suspects, there is only one lawyer, so one lawyer should prepare for an arrest warrant and then prepare for a substantive examination when an arrest warrant is requested. I don't have much time. So it's very rare and one of the reasons why it's so rare to claim an arrest suit is that it's very difficult to be quoted in practice, even though we can't afford time.
[Anchor]
What's the citation rate?
I don't know the specific citation rate, but I've only seen it once while working as a prosecutor. Other than that, I've never received a decision to cite it out of legitimacy. Receiving a citation decision is only accepted if there is such a clear error, for example, whether the competent court itself is completely wrong or if the Miranda principle is not notified during the arrest process. You can think of it as a very exceptional case.
[Anchor]
So in what case are you asking for an arrest suit? You said it's very rare. Rare means that there is something.
As I said earlier, there is no jurisdiction, but an arrest warrant is requested there, or Miranda's principle, that is, various rights that must be notified under the Criminal Procedure Act have not been notified in the execution of an arrest warrant, or it can only be cited when there is such a formal error or clear error.
[Anchor]
We are showing you the front of the Seoul Central District Court on the screen. Perhaps the arrest investigation was scheduled for 5 o'clock, so it seems to have started now. You can see the president's supporters gathered in front of the court. Usually, I wonder what kind of process it goes through and how long it takes.
Usually, it usually ends in about 30 minutes. However, sometimes when a person is present, the longer the person's statement is, the longer it is. However, there will probably be no attendance today, but even prosecutors from the Senior Civil Servant Corruption Investigations Unit are present. Therefore, the claimant usually listens only to the attorney of the party, but the prosecutors of the Senior Civil Servant Corruption Investigations Unit were also present, so you can protest to the effect that the warrant issued by the Western District Court is legal and that you have been recognized for your right to investigate. Therefore, I carefully guess that it will take more than an hour.
[Anchor]
Arrested pride, the most curious thing right now is this part of how the results will come out, but lawyer Seok Dong-hyun left a short answer like this, saying he expects good results today. Related recordings are prepared. Let's listen to it first and continue. If you don't request an arrest warrant within 48 hours after your arrest, you have to release it, and if the arrest investigation proceeds like this, the time required for this examination will not be counted in 48 hours. You said that the probability of being quoted is very low now, but there must be a reason why the president made a claim.
If I guess carefully, the first reason seems to be to secure the legitimacy of the claims made by President Yoon Suk Yeol and his lawyers. As I said earlier, when will an arrest suit be filed, and when will it be cited? There should be a very obvious formal defect. Claims are sometimes made and cited when there are such things as wrong jurisdiction or very illegal execution of arrest warrants. At a very low probability. I said this, but the president of Yoon Suk Yeol continued to be wrong in the jurisdiction of the court.
He claimed that it was illegal because it was issued by a court with no jurisdiction because it should have been done in the Seoul Central District Act. The investigative agency and the investigative agency that requested the warrant have also argued that the Senior Civil Servant Corruption Investigations Unit is also illegal due to these two issues because it is a warrant requested by an agency that does not have the right to investigate the crime of rebellion. Therefore, I think it is to secure the legitimacy of my argument by requesting an arrest suit for these two issues. Second, if we want to think about it a little more, can't we delay time and time on this part? I think I also considered this.
[Anchor]
Then, if the arrest suit currently underway in the Central District Court is dismissed, will all the investigative and jurisdictional issues that the President of Yoon Suk Yeol has argued for so far be resolved? What's going to happen?
I think it can be partially resolved. Because in the meantime, there has been only the judgment of the Western District Court. I filed an objection with the Western District Court as to whether the warrant of the Western District Court, which was first issued, was illegal or not. I was rejected. Again, I received a reissued copy from the Western District Court. So far, there has been only the judgment of the judges of the Western District Court that the warrant is legal, but if the Central District Court decides to dismiss the arrest suit by changing the court itself, even if the jurisdiction is no longer changed to the court, the actual benefit of the claim and the power may be lost.
[Anchor]
At around 2:03 p.m. today, the documents related to the arrest suit were received. The suitability review is underway now. I don't know when it will end, but it will be extended without being counted from 48 hours until the end time. Originally, there was a saying that they would seek an arrest warrant as early as today, but then the timing will be delayed, right?
[Reporter]
That's right. The arrest warrant was executed at 10:33 yesterday. And the time stopped at 2 p.m. today. Then, there is less than a day left for the Senior Civil Servant Corruption Investigations Unit to investigate. So, originally, an arrest warrant was requested, and now Yoon Suk Yeol is exercising its right to refuse to make a statement. And I'm not saying anything. It is not answering questions from prosecutors. This is a situation where this position is coming out. That's why there are many predictions that the Senior Civil Servant Corruption Investigations Unit will seek an arrest warrant this afternoon or tomorrow morning.
However, since the arrest deadline is suspended from 2 p.m. today until the result of the arrest suit is released, the warrant request is unlikely to go according to any timetable of the Senior Civil Servant Corruption Investigations Unit. It looks like it will be delayed further. Then, I think it could be a situation that can be passed tomorrow afternoon or the weekend after tomorrow.
[Anchor]
Lawyer, how long can the arrest warrant be hated up to?
It seems to depend on when the results for today's registration claim will come out. Actually, I don't know when I put in the bill, but even if I put it in last night, if it was set at 5 p.m. today, it was caught very quickly. Usually, the interrogation should be conducted within 48 hours, but the interrogation date was set within 12 hours of receiving the bill, so it can be interpreted as the intention of the court to quickly set the interrogation date and quickly conclude the situation to stabilize the situation itself. If so, I think a conclusion may be reached within midnight today.
Usually, it is rarely cited in cases of arrest suit, so the decision to dismiss is concluded very quickly. Therefore, if you say you're coming out by midnight, for example, today, if the decision is made by midnight, you have to return the investigation documents that the court kept to the Senior Civil Servant Corruption Investigations Unit. The period of return is not established. So, time is not counted until it is decided, but until the litigation documents are returned to the prosecution office after the decision. So if the time I returned it is midnight today, 8 hours were suspended. If so, the deadline for arrest was originally 10:30 a.m. tomorrow, but if this is pushed back by about 8 hours, it could be the deadline to decide whether to request an arrest warrant or not by 6:30 p.m.
[Anchor]
We continue to show you in front of the Seoul Central District Court at this time on the screen. Now, the Central District Court is conducting an arrest investigation requested by the president. An arrest warrant issued by the Seoul Western District Court is illegal and an arrest investigation is currently underway that requested to review it again. In front of the Seoul Central District Court, supporters of the president are holding a support rally. In the case of supporters of the president, they have moved to the Gwacheon Government Complex, in front of the Senior Civil Servant Corruption Investigations Unit, the Seoul Detention Center, and now to the Seoul Central District Court to continue holding anti-impeachment rallies.
Let's take a look at the president's investigation. President Yoon finished investigating the Senior Civil Servant Corruption Investigations Unit last night and is now in Seoul Detention Center. Yesterday's investigation revealed that they continued to exercise their right to remain silent. And it is said that today's investigation was rejected, saying that it was said enough yesterday. Please organize it.
[Reporter]
President Yoon Suk Yeol exercised his right to refuse to make a statement yesterday as well. Now, the investigation was scheduled for today. But he said he wouldn't appear in the morning investigation. And the Senior Civil Servant Corruption Investigations Unit told me to come out for investigation by 2 p.m., but I said I wouldn't be investigated again after that. The reason why the president of Yoon Suk Yeol heard was for health reasons. I'm not in good health, and I talked enough yesterday when the President of Yoon Suk Yeol was under investigation by the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
I exercised my right to remain silent, but I talked enough. That's what you said, right?
[Reporter]
But they said they talked about some of it. So there is nothing more to be investigated because I conveyed my position. I revealed it like this. He also said that the lawyer will give an opinion on the details of the interrogation. Now there's an arrest investigation. Once you go in and this is quoted, the investigation will not be possible. And if it is dismissed or dismissed, the investigation is expected to continue. If President Yoon Suk Yeol continues to refuse to investigate afterwards, there is a possibility that the Senior Civil Servant Corruption Investigations Unit may force President Yoon, who is being held in the Seoul Detention Center, to be taken into the Senior Civil Servant Corruption Investigations Unit, but the Senior Civil Servant Corruption Investigations Unit is still looking into this relationship, whether he can be taken into custody, and whether he can be taken into custody.
[Anchor]
Lawyer, the Senior Civil Servant Corruption Investigations Unit must have secured recruits to investigate, but President Yoon Suk Yeol has nothing to investigate. I fully conveyed my position yesterday, if it comes out like this, so in short, if I refuse, can't any further investigation be conducted?
I'm afraid not. If there is a health reason, as mentioned by the Senior Civil Servant Corruption Investigations Unit today, the Senior Civil Servant Corruption Investigations Unit may go directly to the detention center and conduct an investigation at the detention center. In fact, if the suspects in detention are not in good health, the police or prosecution actually go to the detention center to investigate. There is a space where you can go directly to the detention center and investigate. So you can do your research there. In addition, as the anchor said earlier, the arrest warrant has all the effect of the arrest warrant for investigation. Therefore, even without a separate warrant for arrest, the validity of the arrest warrant includes the effect of being forced to arrest and inch when an investigation is needed, so if you continue to refuse, you can go to the detention center if you think the investigation is necessary. We're going to call the president of Yoon Suk Yeol while waiting in the detention center, and if he doesn't come out, we can do an investigation inside the detention center with forced inches.
[Anchor]
Wait a minute. I'll let you know first because there's a breaking news. The Constitutional Court is currently holding a second hearing on President Yoon's impeachment trial. The president couldn't attend. Breaking news about the Constitutional Court's adoption of witnesses has been heard. There was a breaking news that police chief Jo Ji-ho, Special Forces commander Kwak Jong-geun, Capital Defense commander Lee Jin-woo, and Yeo In-hyeong counterintelligence commander were adopted as witnesses. There was a breaking news that former Defense Minister Kim Yong-hyun was also adopted as a witness.
I'll give it to you again. Today, the second day of the impeachment trial is underway in connection with the emergency martial law of the president of Yoon Suk Yeol, and the Constitutional Court has reported that former Defense Ministers Jo Ji-ho, Kwak Jong-geun, Lee Jin-woo, Yeo In-hong and Kim Yong-hyun have also adopted witnesses. As soon as the related information is more organized, I will deliver it again in the following report. We were talking about the right to remain silent. Then, the prosecutor can go to the detention center and conduct a door-to-door investigation, and if the detention center refuses to comply, forced inches are also possible in the investigation room, right?
That's right. But the fact that President Yoon Suk Yeol's attitude of not going out because I have nothing more to say is an investigation is a process of asking the investigator what he wants to ask and hearing his answer, not to say what I want to say. What I want to say is through an answer sheet, whether it's an opinion. The suspect's interrogation is aimed at confirming the suspect's position on issues that the investigating agency is curious about. But now, President Yoon Suk Yeol's words are seen as an overturned claim by a certain host.
So, there were reports this morning that the Senior Civil Servant Corruption Investigations Unit would probably wait for the intention to refuse to comply with the investigation, but it seems that the Senior Civil Servant Corruption Investigations Unit's position is that there are still issues that we need to check. So President Yoon Suk Yeol's I've talked enough about this, I have nothing more to say. We cannot refuse to comply with the investigation for this reason.
[Anchor]
We'll give you additional news first when we get an additional news report. It is a news that the Constitutional Court has also designated the 6th to 8th anniversary of the impeachment trial of President Yoon Suk Yeol. The dates will be held all day from 10 a.m. on February 6th, 11th, and 13th. It was previously set until the 5th date. It was designated until the 5th pleading date by February 4th across Tuesday and Thursday. Following today's adoption of witnesses, it is breaking news that the 6th to 8th dates have also been designated. It is set for February 6th, 11th, and 13th at 10 am.
Once again, the Constitutional Court is currently holding the second hearing of the impeachment trial of President Yoon Suk Yeol. Earlier, the president was detained in Seoul Detention Center, so he was unable to attend in person. It is breaking news that police chief Cho Ji-ho and former Defense Minister Kim Yong-hyun were adopted as witnesses, and the 6th to 8th hearing dates were also designated today.
[Anchor]
We will summarize the related news again in the following news. Reporter Baek reportedly exercised his right to refuse to make a statement to the president of Yoon Suk Yeol yesterday, but some of the contents were said to have made a statement. What did he state?
[Reporter]
In the first investigation conducted by the Senior Civil Servant Corruption Investigations Unit on Wednesday, he said that the reason and justification of the declaration of emergency martial law were not established. The president of Yoon Suk Yeol explained this. However, it is said that the ability to prove is not recognized because it is not stamped on the record. However, talking about the investigation situation of the Senior Civil Servant Corruption Investigations Unit is a little different. The Senior Civil Servant Corruption Investigations Unit prepared questions for more than 200 pages, but President Yoon Suk Yeol said he would exercise his right to refuse to make a statement and did not even answer. At the same time, he explained that he did not answer the Injeong newspaper asking for his name and address. Therefore, the Senior Civil Servant Corruption Investigations Unit uses the right to refuse to make a statement and the right to remain silent against President Yoon because further investigation is needed. I'm continuing to express this position.
[Anchor]
If President Yoon continues to refuse to make statements, will the Senior Civil Servant Corruption Investigations Unit have to request a warrant based on former Minister Kim Yong-hyun's indictment?
[Reporter]
That's right. The reason why President Yoon Suk Yeol refuses to make a statement is that the investigation and arrest of the Senior Civil Servant Corruption Investigations Unit, the request and issuance of arrest warrants, and the execution of arrest warrants are all illegal. That's why it seems to be emphasizing once again that it is an illegal investigation not to comply with the investigation. If President Yoon's refusal to make a statement continues, some observers say that he may just seek a warrant without the maximum detention time of 48 hours. It means that the investigation can be completed by writing only the summary without asking the remaining questions.
Earlier, however, as former Defense Minister Kim Yong-hyun was arrested and charged, the indictment was made public, and if you look at it, President Yoon Suk Yeol was mentioned more than 140 times. And since the situation itself is presented in such detail, I believe that they will request a warrant after looking at the contents of the prosecution by the investigative agency. However, none of the former presidents who were investigated by investigative agencies refused to make statements during the entire investigation.
[Anchor]
The exercise of the right to refuse to make a statement can be seen as one of the natural defense rights, and as a result, I think we can predict whether it will be helpful or disadvantageous to President Yoon Suk Yeol. What do you think? Lawyer?
First of all, I think the president of Yoon Suk Yeol will be advantageous if he says he thinks in terms of litigation. The reason is that the interrogation of the suspect is because I state it, so the victim shows my hand to the other person by making a statement. In addition, by asking the opposite question, the investigative agency shows the suspect the evidence relationship of the investigative agency or the claimant's statement. However, the fact that they should have shown each other's cards is that the investigative agency, the Senior Civil Servant Corruption Investigations Unit, currently has evidence and can find out the rough details of how the people involved asked and answered questions.
I think President Yoon Suk Yeol, who has been a prosecutor for more than 20 years, will know this better. So it's possible that I didn't answer the question about yesterday's trigger, but I kept taking notes on the gist of the question. Through this, I think we will be able to understand what areas to make an issue through lawsuits in the future. But if that happens, isn't it always a choice not to show the cards in all suspects' cases?
But in fact, it is difficult for most suspects to do so. Because it is very difficult in reality to go to the prosecution office as a suspect and refuse to make all statements about questions asked by prosecutors and prosecutors. So if there's anything unfair, you make a specific statement. If you admit it, you admit it, but most of the suspects state why I committed this crime. Currently, he has exercised his right to refuse to make a statement and although it will be advantageous in terms of litigation, I think he can be disadvantaged by issuing an arrest warrant.
Because uncooperative attitude in the investigation process is likely to be uncooperative in the future trial process, and this may be unfavorable because the prosecutor of the Senior Civil Servant Corruption Investigations Unit is likely to explain the reason for requesting an arrest warrant.
[Anchor]
We continue to show you the appearance in front of the Seoul Central District Court at this time. It's 5:25 now. The body mass review began at 5 o'clock, so about 20 minutes have passed. Supporters should release Yoon in front of the Seoul Central District Court and send him back to his official residence. I'm showing you a situation where you're shouting like this. Attention is focusing on how President Yoon, who has been known as a steel prosecutor while investigating a big man for decades, will be investigated now. If you look at the investigation yesterday, the title of President Yoon is also known. Prosecutors at the Senior Civil Servant Corruption Investigations Unit call President Yoon the president and write him as a suspect in the newspaper report, right?
[Reporter]
In the first investigation since his arrest yesterday, Lee Jae-seung, deputy chief of the Senior Civil Servant Corruption Investigations Unit, took charge of the first investigation. Considering that he is the incumbent president, the deputy director came out and conducted the first investigation of the president of Yoon Suk Yeol. The investigation began here by calling the president of Yoon Suk Yeol the president. It is common to call a suspect, but it is known that the name was used as a courtesy because the suspect, who is suspected of being the head of a rebellion, is the incumbent president. The Senior Civil Servant Corruption Investigations Unit also explained like this. The term president was also used when other former presidents, such as Lee Myung Bak and Park Geun Hye, were investigated by prosecutors. And when Oh Dong-woon, head of the Airborne Division, came to the National Assembly on the 24th of last month, he also used the honorific name "President Yoon." Yesterday, the Senior Civil Servant Corruption Investigations Unit executed an arrest warrant from President Yoon's residence to the Senior Civil Servant Corruption Investigations Unit, allowing him to move using a security guard vehicle without handcuffing President Yoon Suk Yeol. This can also be seen as a courtesy to the incumbent president.
[Anchor]
When President Yoon was arrested, a security car was used to transfer him to the detention center, not a convoy, and this should be seen as a courtesy, right?
[Reporter]
That's right. When executing the warrant, the prosecutor of the Senior Civil Servant Corruption Investigations Unit went inside the official residence and consulted with the representatives of the President of Yoon Suk Yeol in the official residence. Originally, it is common to take a convoy. By the way, President Yoon Suk Yeol yesterday was the Cadillac's super SUV. I took this vehicle. It is known that this vehicle is also equipped with bulletproof functions. Unlike passenger cars that are mainly used for commuting, it is known to be used for visiting outside events, disaster areas, and visits. This vehicle is famous as the president's security vehicle. U.S. President-elect Donald Trump also drove this vehicle during his first term in office.
[Anchor]
We are continuing to broadcast live the appearance in front of the Seoul Central District Court at this time. As I delivered it live, the screen was uneven for a while. We ask for your understanding. Let's take a look at the car that the president was in. You said it was a Cadillac vehicle equipped with bulletproof functions, but now the Seoul Central District Court is investigating the president's arrest, but the president is still detained in the Seoul Detention Center. The Seoul Detention Center is where the former president was also imprisoned. What kind of place is it?
[Reporter]
The Seoul Detention Center where President Yoon is detained is in Uiwang-si, Gyeonggi-do. The waiting room for the suspect, where President Yoon is detained, is a solitary cell of about 3 pyeong. Only minimal tools such as televisions, folding mattresses, and blankets are provided in the bathroom in the partition. President Yoon Suk Yeol is living in plain clothes instead of prison uniform...
[Anchor]
Because he's under arrest, not arrest, right?
[Reporter]
In general, I know that there are people who are not wearing prison uniforms.
They usually wear plain clothes under arrest. However, in a way, when there is a moment when you have to sleep, you pay for the activities in it, but it's not a prison uniform. You have to be arrested to receive a prison uniform. If you are arrested, you will be given a prison number and you will be paid a prison uniform with your prison number written on it. Because of the current arrest, the average suspect, not the president of Yoon Suk Yeol, will remain in plain clothes.
[Anchor]
There are a lot of questions we want to ask and answers we want to hear, but we have limited time, so I think we should stop here. So far, I've talked with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and lawyer Lee Go-eun.
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