[New Square 2PM] Senior Civil Servant Corruption Investigations Unit, requesting an arrest warrant for President Yoon...Deputy Security Officer Arrested

■ Host: anchor Lee Se-na, anchor Na Kyung-chul
■ Starring: lawyer Seo Jeong-bin

* 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] Tensions near the Seoul Western District Court, where the Airborne Administration is expected to seek an arrest warrant, are also rising as a request for an arrest warrant for President Yoon is expected to be imminent. Kim Sung-hoon, deputy chief of the security service, who is suspected of leading the blocking of the execution of President Yoon's arrest warrant, was arrested shortly after appearing before the police today. This time, let's talk with lawyer Seo Jeong-bin. Please come in.

First of all, the Seoul Central District Court dismissed President Yoon's arrest investigation with great interest, what is the legal community's evaluation? Is it something that many people expected?

[Jeongbin Seo]
I think that's the case. In fact, until the conclusion was reached, I think the prevailing opinions were that it would be difficult to cite arrest complaints. In terms of the reasons for requesting President Yoon's legitimacy, first of all, he insisted on the issue of the investigative power of the Senior Civil Servant Corruption Investigations Unit, the issue of warrants, the jurisdiction, and the illegality of execution. In fact, most of these claims have already been judged several times by the Western District Court, and warrants have been issued and objections have been rejected. Therefore, of course, it is the Central District Court that made the judgment, but will it be possible to draw a conclusion that contradicts the judgment of the Western District Court? There was a lot of doubt about this, and there were also these predictions that they would probably consider the confusion that would occur if it were quoted.
That's why there were quite a lot of opinions that they would eventually be rejected without being cited, and I think the conclusion was as expected.

[Anchor]
As you said, the legal profession's prediction can be interpreted to mean that the president may have expected it to some extent. Nevertheless, where do you think the president applied for an arrest suit?

[Jeongbin Seo]
Some interpret that there is a goal of time delay. However, in the case of an arrest suit, the time when the court reviews and the records are sent back to the Senior Civil Servant Corruption Investigations Unit is suspended, so there is no such time gain that can be obtained by delaying. Then, in the end, I think there were many other reasons, but one thing is that the intention was not to lose the initiative to the Senior Civil Servant Corruption Investigations Unit in the current situation. If they did not request such arrest suit, the previously scheduled procedure would have eventually gone to the stage where the Senior Civil Servant Corruption Investigations Unit sought an arrest warrant from the Western District Court. However, if that happens, President Yoon may end up losing his leadership, and on the other hand, there may be a situation in which he has to attend the Western District Court, which has argued that he has no jurisdiction, and consider whether to defend himself or give up it.

In that respect, let's rather apply for a legality to the Central District Court first and wait for the results. So he might have been in a position to take the initiative, and he might have thought that, and on the other hand, when he waited for the proceedings in the Western District Court, he judged that his arguments were highly unlikely to be recognized. If so, I think that there is a possibility of being judged differently by the Central District Court, and considering that, I think it was eventually requested for the suitability.

[Anchor]
First of all, with the judgment of the Central District Court, attention has shifted from arrest to arrest, but the Senior Civil Servant Corruption Investigations Unit plans to seek an arrest warrant today. First of all, the arrest deadline is 9:05 p.m. tonight. You're going to ask for a warrant before that, right?

[Jeongbin Seo]
That's right. In fact, in the case of the normal investigation process at this stage, we will investigate and proceed with the suspect once more before requesting a warrant, but so far, President Yoon refused to make a statement even though he was present, and he refused to attend this morning, so the Senior Civil Servant Corruption Investigations Unit will now judge that it cannot conduct additional investigations on President Yoon. That's why I don't have to meet the deadline and ask for a warrant a little earlier in the evening.

[Anchor]
In fact, after the arrest of the president, the Senior Civil Servant Corruption Investigations Unit investigated the president once. So, before I ask for an arrest warrant, can I just investigate this much and request an arrest warrant? There may be questions like this, but is there no problem with this?

[Jeongbin Seo]
In fact, how many investigations have been conducted during this arrest is not a very important matter. Whether the investigation could have actually proceeded in it, whether it was actually conducted, or whether the suspect did not comply with it, because an arrest warrant can be requested for it. In fact, as you said, I know that most statements have been rejected so far, so it is true that there is nothing meaningful in the process of interrogating the suspect. However, given that there were hundreds of pages and nearly 200 pages of questions prepared while preparing for the suspect's interrogation, it seems that considerable evidence has been collected to write such a questionnaire. If so, even if there is no direct answer from President Yoon, the Senior Civil Servant Corruption Investigations Unit would have judged that such evidence already prepared can sufficiently prove the allegation. Therefore, although the first investigation was over, and the contents of the investigation are virtually meaningless, it seems that the warrant will be requested through these prepared evidence, so the Senior Civil Servant Corruption Investigations Unit will consider it possible and proceed. [Anchor] First of all, lawyer Seo expected that he would seek an arrest warrant this evening, but supporters are gathering not only at the Seoul Detention Center, where President Yoon is in custody, but also near the Western District Court, where an arrest warrant is expected to be filed. I'm a little worried. Will there be no conflict in this part?

[Jeongbin Seo]
That's right. Many supporters are gathering near the Seoul Detention Center, where President Yoon is in custody, or near the Seoul Western District Court, where a warrant is expected to be filed, and some have clashed with the police. In particular, in the case of the Western District Court, one person was arrested for pushing or assaulting a public official who tried to stop him from crossing the fence. In fact, if this situation continues, it is a space used by not only public officials but also many people, so there is a little risk to users and visitors. Therefore, it is true that the police need sufficient measures to maintain order.

[Anchor]
In fact, as you just said, a dangerous situation is happening, and this happened. Isn't there a judge who rejected an arrest suit yesterday? Another threatening article against the judge was posted on the Internet, and the police launched an investigation into this part, but simply posting something like this on the Internet can be subject to punishment, right?

[Jeongbin Seo]
That's right. In this case, the crime of intimidation can be a problem. In particular, the content that predicts such harm by even talking about beheading this judge can be taken more seriously than usual. In the end, since it is a threatening statement that can cause considerable harm to the judicial order, the police are expected to investigate it in considerable detail, and furthermore, punishment is possible for intimidation.

[Anchor]
If the arrest warrant is requested, the warrant will be reviewed, and President Yoon's lawyer Seok Dong-hyun said on social media that he would do his best to prepare for the arrest warrant. What will be the issue?

[Jeongbin Seo]
First of all, if you compare it with arresting pride, the requirements are slightly different. In the case of an arrest suit, if the requirements for arrest are met and there is a need for arrest, the warrant examination will consider whether there is a risk of escape or destruction of evidence. However, although there is such a difference, it seems that basically what President Yoon's representatives will claim is almost the same as the existing contents. Therefore, it is expected that the government will continue to contend with the investigative power of the Senior Civil Servant Corruption Investigations Unit, the court issue of issuing warrants, and the illegality of execution of warrants. However, in anticipation of the additional claims to be made, first of all, he has stayed in his residence as president, and even if the trial proceeds without detention, he will stay in his residence as well. Therefore, it seems that they will strongly insist that there is no fear of escape, and the other one, regarding the fear of destruction of evidence, is that there is no evidence to destroy evidence because the investigation into those involved has already been sufficiently conducted, and there must have been such a secure, and I think there will be a dispute by adding this argument.

[Anchor]
What do you think about the possibility that the president will directly participate in the actual examination of the arrest warrant? So if you don't attend, is there any disadvantage?

[Jeongbin Seo]
In normal cases, non-attendance will inevitably work against you. Since the fact that the suspect, who is the party, does not appear in judging the arrest warrant can only be interpreted to mean that I will actually give up my right to defend, of course, reviewing the relevant evidence and the judge concludes, but if the party appears to have given up this right to defend, the possibility of issuing the arrest warrant itself will increase. In fact, in this respect, there seems to be a lot of opinions that President Yoon will attend this time, if you compare it with the usual cases. However, in my personal opinion, I think there is a higher possibility that I will not attend in the end. Because in the future, the Western District Court will eventually review the arrest warrant. However, looking at the situation so far, it seems that there is a high possibility that an arrest warrant will be issued. Then, despite the fact that there is a high possibility of issuing an arrest warrant in the Western District Court, will President Yoon, who has argued that the Western District Court has no jurisdiction, attend in person? If that happens, would it be necessary to proceed to attendance in a situation where there is a high possibility of issuing an arrest warrant because it may seem to contradict the position so far, and on the other hand, it may seem to accept such claims from the Senior Civil Servant Corruption Investigations Unit to some extent? If you think about this, then in the end, I'm thinking that I won't attend again this time.

[Anchor]
Yoon's side claims that the Western District Court does not have the authority to issue an arrest warrant. If so, wouldn't there be a possibility that Yoon's side will seek arrest warrants or bail in case of arrest?

[Jeongbin Seo]
You can also think about the possibility. In the case of arresting pride, it is almost similar to yesterday's arresting pride. So, considering that most of the necessary legal procedures have been carried out in the process of determining whether the arrest is legal or not, I think there is a possibility that there will be a trial of restraint in the future. However, one more thing to consider is that in the case of an arrest, it is difficult to cite the situation at the time of arrest and if there is no significant change in the situation at the time of the request for an arrest. If there is no special change in circumstances in the warrant issued after the review, there is a high possibility that it will be dismissed even if an arrest suit is requested. Therefore, given the allegations of President Yoon in this case, I don't think so if you think there will be any special changes in the situation in the future. So, the possibility of citation is actually quite low, so there is a possibility that you will not consider it and make a claim to the Western District Court.

[Anchor]
If an arrest warrant is issued, the Senior Civil Servant Corruption Investigations Unit can investigate before prosecution. But one of the variables is that the Senior Civil Servant Corruption Investigations Unit cannot prosecute, so what happens to the schedule after that?

[Jeongbin Seo]
Once an arrest warrant is issued, the investigation can be conducted for up to 20 days, including extension, and the prosecution will be decided. As you said, the Senior Civil Servant Corruption Investigations Unit does not have the authority to prosecute the president, so at one point, the case must be handed over to the prosecution during that period. And looking at the contents so far, the prosecution and the arrest period were divided to some extent, so the investigation was conducted for 10 days and 10 days, and eventually the prosecution was prosecuted. If the agreement is maintained, an arrest warrant will be issued and the Senior Civil Servant Corruption Investigations Unit will complete the necessary investigations for 10 days. After that, the prosecution will receive the records of the Senior Civil Servant Corruption Investigations Unit, organize the necessary contents for prosecution based on them, and conduct additional evidence or investigations if necessary to file a prosecution later.

[Anchor]
In the end, the prosecution will mark the end of President Yoon's investigation, and I think we can look at it like this. When President Yoon was transferred to the Seoul Detention Center earlier, didn't he board a security car, not a convoy? If so, what will happen then if the president has to go outside to investigate suspects in the future?

[Jeongbin Seo]
According to the Ministry of Justice, the security service and the Ministry of Justice have been discussing this to some extent. According to the Ministry of Justice, in the future, when President Yoon attends for investigation, he will not be able to move as before, and eventually board a general convoy in which prison guards board and drive, and bodyguards cannot board in it. That's why the security service's vehicles will eventually be carried out by protecting the president by driving near the convoy, in front of and behind the convoy, and this will be operated not only for investigation but also for future court appearances.

[Anchor]
So, since it is unprecedented for an incumbent president to be arrested like this, I think we need to continue to discuss this security issue. Kim Sung-hoon, deputy chief of the Presidential Security Service, attended this morning, and the police immediately arrested him. I went in at around 10 o'clock, so I'm under investigation for nearly five hours, so what issues are there regarding the charges applied to Deputy Chief Kim Sung-hoon?

[Jang Young-soo]
First of all, Deputy Chief Kim Sung-hoon is now accused of obstructing the execution of special public affairs by directing employees at the time of the first warrant execution. Therefore, the main issues ended up being what instructions were given to employees at the time, what the instructions were, and who else had reviewed them while ordering them, and even whether they had ordered employees to use weapons as reported in the media, and in particular, the point where the battle was expected to be significant was now that Deputy Chief Kim Sung-hoon has been arguing that the execution of the warrant was illegal. I think it will take a considerable amount of time to ask and answer what the basis for this is.

[Anchor]
And another controversy arose over the security service. The so-called President Yoon's tribute song was sung on the foundation day of the Security Agency, what is it about?

[Jeongbin Seo]
This is what happened in the auditorium of the presidential office on December 18, 2023. There are such stories that they held an event to commemorate the 60th anniversary of the establishment of the Security Service and sang a tribute song to President Yoon at that time. It was said that it was the same day as President Yoon's birthday. However, it is said that the song was sung at the time to praise President Yoon by changing the lyrics to the existing song, or to considerably praise those points by converting the date from the day of his inauguration into minutes. The problem is whether these were carried out according to the voluntary will of the employees, or whether Kim Yong-hyun, the former Minister of National Defense, or Kim Sung-hoon, the deputy head of the security department who is currently under investigation, planned and gave these specific instructions to the employees. When Deputy Director Kim Sung-hoon attended this morning, reporters asked questions about this issue. Let's listen to Deputy Director Kim Sung-hoon's voice and talk.

[Anchor]
So, it was an explanation that it was part of such a celebration like we generally celebrate the birthday of our acquaintances, but Deputy Chief Kim Sung-hoon also mentioned it, but it has nothing to do with security, so if a security guard employee was mobilized for this, is this legally not a problem?

[Jeongbin Seo]
If it is not done voluntarily, the crime of abuse of authority can eventually become a problem. Abuse of authority is established when a public official abuses his or her authority and makes someone else do something that he or she is not obligated to do. If employees voluntarily participated, it doesn't matter, but if they were mobilized to such a party that had nothing to do with security and had to work because of the order of their boss, Deputy Chief Kim Sung-hoon, they could eventually be guilty of abuse of authority.

[Anchor]
Political circles have also reacted to the so-called President Yoon's tribute song. Let's listen to the related remarks for a moment.

[Anchor]
The ruling party lawmaker also said it was a shame, what do you think, lawyer? What kind of controversy is there a possibility that it will grow?

[Seo Jung-bin]
I think the problem could definitely grow given the current situation. In fact, if this was the only problem in the first place, it could have been thought of as a way to serve the president, who is the bodyguard's security target, even though there was an order from his superiors. So far, there are rumors that the bodyguard ignored the intention of the bodyguard staff and that there were quite a few instructions that had nothing to do with security, and as part of it, he was mobilized to the party to receive instructions and work that had nothing to do with security. We're talking about
like this. Of course, this itself may be considered unfair, but considering the current situation. In the end, it seems that the issue of abuse of authority will also be investigated in detail.

[Anchor]
Of course, the controversial part is different from the mainstream of obstructing the execution of the arrest warrant, but Deputy Chief Kim Sung-hoon is under investigation today, and former Security Minister Park Jong-joon was also investigated three times. Is there any difference in the investigation of former Chief of Security Park Jong-joon and Deputy Chief Kim Sung-hoon? What do you expect?

[Jeongbin Seo]
In fact, in the case of former Chief Park Jong-joon, it seems that it has not yet been confirmed whether or not he specifically admits the charges. However, it was quite cooperative with the investigation, at least in view of the reports so far. So, he even submitted his own cell phone at random. Regardless of whether or not they admit the allegations, it can be seen that they were quite active in the investigation itself. In the case of Deputy Director Kim Sung-hoon, there were opinions that he was quite hard-line compared to former Director Park, and he refused to attend, but eventually attended. And even before today's investigation, it was not much different from the existing attitude. Then, in the end, wouldn't the attitude itself be very different from that of former Minister Park in the investigation? So, for example, in the case of former Deputy Director Park, if he made such a statement that he could admit some facts but deny his allegations a little, I think that in the case of Deputy Director Kim Sung-hoon, such an investigation that begins with denial or questioning each of those facts will begin.

[Anchor]
And another person who is classified as a hardliner in the security service, Lee Kwang-woo. The police asked me to attend tomorrow, but if I do tomorrow, is there a chance that I will be arrested right away like today?

[Jeongbin Seo]
First of all, there seems to be a good chance of that. Of course, compared to a few days ago, so compared to the time when the arrest of the deputy chief or general manager was also carried out to execute the warrant for the president, the need for that is quite low. Nevertheless, the charges that the deputy head of the department or Lee Kwang-woo, the head of the security headquarters, are now facing are quite serious. First of all, if the crime itself is an obstruction of the execution of special public affairs, it is actually more serious than other general crimes and can be seen quite seriously in terms of its contents. In particular, even if you look at the contents of preventing the execution of warrants issued by the court and instructing employees to use physical force to interfere with official duties, the investigative agency has no choice but to see it as quite serious. Therefore, even if you attend tomorrow and make a statement to some extent, there is a high possibility that you will be able to proceed with the arrest.

[Anchor]
And yesterday, the trial of former Defense Minister Kim Yong-hyun began, and with the martial law declaration, Kim Yong-hyun and President Yoon have actually been going together, but yesterday, it was observed that they were a little mixed. So, the president is claiming that former Minister Kim Yong-hyun copied the decree incorrectly. Former Minister Kim Yong-hyun is making another argument. So, for the first time, there is a crack between the two sides, so what do you think about this?

[Jeongbin Seo]
I also think that the division of positions in this part has led to a situation in which the parties have no choice but to make an advantageous statement depending on the situation they are in. First of all, from President Yoon's point of view, it is very important how the proclamation was written not only in criminal cases but also in the impeachment trial. The declaration itself clearly reveals that it violates the Constitution, so the flow of the impeachment trial can vary slightly depending on how it was written, whether President Yoon knew and ordered to write all these contents, or whether former Minister Kim judged that he copied them by mistake, as President Yoon claims now. However, if Minister Kim Yong-hyun says that he did all the writing of the declaration, there is a problem that he could be evaluated as almost the number one in the current civil war charges. If you say that you wrote all these things yourself, you can't help but expect a very big responsibility. Therefore, I think that in the current situation, each other's positions on the writing process have begun to differ.

[Anchor]
However, both President Yoon and former Minister Kim are claiming the legitimacy of the emergency martial law, and the contents of the indictment are said to be consistent to a large extent. Then, some say that since former Minister Kim Yong-hyun's trial began first, there might be some parts to gauge President Yoon's trial.

[Jeongbin Seo]
That's right. As you said, if former Minister Kim Yong-hyun's trial proceeds, it is possible to analyze the flow of the court's perception of the former minister Kim's claims in advance, and these parts can be confirmed first, regardless of what claims the people involved make. Therefore, from President Yoon's point of view, watching former Minister Kim's trial now, we can understand in more detail how to respond to the criminal case in the future and the trial process. Also, from an outside perspective of observing this, President Yoon and Minister Kim Yong-hyun are in such an accomplice relationship as joint offenders, and much of the information about President Yoon is included in the indictment, although it is a trial of former Minister Kim, it seems that the court can predict how to judge and judge the overall situation.

[Anchor]
I see. So far, we've looked at the emergency martial law investigation with lawyer Seo Jeong-bin. Thank you.