■ Starring: Lawyer Sohn Soo-ho
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[Anchor]
For the first time in the constitutional history, President Yoon is expected to attend the warrant review himself. This time, let's go through the details with lawyer Sohn So-ho. President Yoon decided to attend the warrant review himself, but what kind of judgment would have worked?
[Sonho]
In fact, there was an observation that there was a greater possibility that he would not attend. However, basically, the investigative agency, or the Senior Civil Servant Corruption Investigations Unit, claimed that there was a need for arrest and requested an arrest warrant. On the other hand, from the perspective of the suspect, there is no need to issue an arrest warrant. First of all, the court's judgment is made on the claim that there is no reason for the need for an arrest warrant or no reason for issuance. Therefore, it seems that President Yoon, the suspect, had the idea to talk about the current situation and to strongly express that there are no reasons for the need for an arrest warrant, such as fear of destroying evidence or running away. Actually, the lawyers were supposed to make a statement, but it took a while.
So I think it's about an hour later than what I originally announced.I think Ma probably had a lot of high-level concerns and heated discussions in various ways. In other words, someone may have expressed their position if attending doesn't help. On the contrary, it seems that the president exchanged opinions on the position of confidently acting and expressing his position because it is basically a procedural procedure that can be used and must be used, but in the end, it is the first time in constitutional history. Actually, there are so many firsts. For the first time, there was a message to the public through video, and then through letters, through documents, coming directly to the interrogation of the suspect before his arrest.This is the first time that the investigative agency and the court have specifically stated their position in detail.
[Anchor]
As you said, after the first arrest in the history of incumbent, an arrest warrant is requested and issued, a warrant is being reviewed. First of all, isn't President Yoon a lawyer who was the prosecutor general? What are some of the most important points that can be emphasized in the warrant review this time?
[Sonho]
In order to look at what you just said, I think we need to briefly look at what criteria the court decides on whether to issue an arrest warrant, its standards, and the requirements for issuing it. Most importantly, there should be considerable reason to suspect that the suspect, President Yoon, has committed a crime. In other words, the clarification of the crime should be made first. This is the premise. This is the first step. The Senior Civil Servant Corruption Investigations Unit is currently focusing on not only obstructing the exercise of the right to abuse authority, but also the head of a rebellion at the same time. I have such allegations. Therefore, in the court's view, is there such a considerable reason to admit the crime of the head of a rebellion against President Yoon? The first step will be to see whether President Yoon's calling has been made to be the leader of the rebellion.
Second, that alone does not issue an arrest warrant. In addition to this, there should be a need for restraint. There are three main requirements: uneven housing, irregular housing, fraudulent housing, fear of destruction of evidence, or run away. At least one of these should be acknowledged. However, since the president can rule out the denial of housing or irregularity, whether there is any concern about destroying evidence or running away from it will be a real problem and the key today. The president is expected to strongly express his position on this part.
[Anchor]
President Yoon has virtually refused to investigate, exercising his right to remain silent on the investigation of the Senior Civil Servant Corruption Investigations Unit, but now he should come forward, can I say that he has decided to do this?
[Sonho]
The possibility that the president wanted to come forward, but the lawyers were dissuaded. On the contrary, it is possible that the lawyers wanted to show something more concrete and direct message, but the president refused. Or maybe everyone decided not to do that. But in the current situation, you may have thought that you should not be pushed back more legally. Of course, given the various situations revealed so far, the possibility of issuing an arrest warrant seems quite high.Ma continued to use the legally guaranteed procedures, to find procedures that were not legally guaranteed, and to come up with various ideas.
In such a situation, if you do not attend the most basic pre-arrest suspect interrogation, talk about your situation, and reveal that there is no need for arrest, it is also inconsistent. Therefore, it seems that they have decided to attend in a surprise manner today. However, there is this part. In other words, the president has repeatedly pointed out that there is a problem with the jurisdiction and the investigative power of the Senior Civil Servant Corruption Investigations Unit.
By the way, if you are present today, will you recognize the investigative power of the Senior Civil Servant Corruption Investigations Unit? Or is it recognizing the jurisdiction of the Western District Court? Maybe the president doesn't admit it that way. Also, that's why you won't be attending. It seems that he will point out those parts even when he comes to court today. However, the court's judgment has been made several times. However, there is a good possibility that today's judgment, which is different from today's judgment, will come out, so we expect that possibility and the president is expected to go into today's proceedings.
[Anchor]
Breaking news just came in. This is what Yoon Gap-geun, a lawyer for President Yoon, revealed. The president decided to attend the court after accepting the lawyers' suggestion that it would be better to attend the court in person and respond confidently. In particular, President Yoon feels so sorry for the arrest of ministers, generals such as commanders, and police chiefs who carried out martial law or maintained order under the order of the president, and decided to attend the court and the Constitutional Court to restore the honor by explaining directly that the law of emergency martial law and rebellion are not established. There was an announcement of this position. So in the end, the lawyers persuaded him.
[Sonho]
We talked about this together last time, but the reason why it's longer than expected is that the suspect and the lawyers who have to defend the case will have different positions. Therefore, wouldn't lawyers suggest that it would be more helpful to attend and express your position? Also, it takes time for the president to make a decision on that, so we thought that the presentation would be delayed because of those parts, but I think that was the situation. However, there is a part that stands out a little while ago that the host said.
There's something very important. We looked at the requirements for issuing an arrest warrant a while ago, and in this case, we looked at the general aspects of how the suspect usually claims and blocks the issuance of an arrest warrant. However, according to the attorney's position a while ago, there is no mention of the necessity of issuing an arrest warrant, that is, concerns about destroying evidence or running away. In order to examine that part in the first place, the clarification of the crime must be recognized. Therefore, in the case of general cases, we acknowledge or promise cooperation, or take a number of more active measures and ask them to avoid arrest.
But you can't do that, at least in this case. That's not the key. There was no mention of the necessity of arrest in the first place because it is not the key to arrest, but the judgment on such a formidable case as to whether or not the head of a rebellion is guilty or not guilty. It is not subject to judicial review. In addition, the act of declaring emergency martial law is justified. It is expected that he will appear today to make various legal arguments in the part that the crime of rebellion is not established in the first place because there was a situation that could declare emergency martial law at the time and that he just exercised his power as president in such a situation.
[Anchor]
But you're talking about what you've claimed so far. There is no crime of rebellion. I said that emergency martial law is justified, but I think the lawyers also talked about these things in the process of persuading them now. Arrest and arrest are different in weight. If an arrest warrant is issued for President Yoon Suk Yeol, the president will have to continue under arrest investigation, so I think the lawyers might have advised such matters. How is it?
[Sonho]
That's right. I agree, and in general, it seems that the situation is a little strange right now. Because the president is present, expresses his opinion, and appeals that there is no need for arrest, so if the warrant is rejected, it can do a very good job to the president in future investigations. But how likely is that? The lawyers must have made a cold judgment on these parts and had various concerns. However, if you look at the possibility itself very high, it doesn't seem to be an accurate judgment.
If so, I think the fact that today's attendance and the unexpected announcement of the position will be a key part of today's arrest warrant, even if the warrant is issued today, rather than staying put, and the movement to spread the logic that justifies the president's declaration of emergency martial law and thereby give his supporters the power to continue moving as they are now.
[Anchor]
So I'm curious, President Yoon's side has consistently argued that issuing an arrest warrant in the Seoul Western District Court is illegal, so there was an expectation that if an arrest warrant is issued in the Western District Court, he would seek an arrest suit later. If the president comes out today and speaks positively about his position, is there a possibility that he won't raise the issue later?
[Sonho]
I don't think so. Because we experienced it once even in the arrest stage last time. In order to object to the arrest warrant issued by the Western District Court and to deal with the suitability of arrest, an arrest suit was filed with the Central District Court. It's actually my first time seeing it personally. So, what should I do, whether the Central District Court does not accept this at all and dismisses it or transfers it? I was actually very confused because it was my first time seeing it, but the Central District Court accepted it. And I even made a judgment.
In other words, if you interpret this from various angles, courts are all courts. In other words, the arrest warrant was issued by the Western District Court, but you may go to another court to argue the legality of it. That's why they judged me. From that point of view, if the president comes to the warrant hearing today and talks, and if an arrest warrant is issued after that, he will object to it again rather than say that he will accept everything. But then again, this is the realm of imagination.Ma is also bound by pride. You can claim a binding appeal, which can also be done in the Central District Court.
If so, this is hard to imagine originally, but since you judged it at the time of arrest, will you judge the arresting pride as well? It may not be the same judgment. If you don't judge, what will be your previous judgment, and if you accept it, what will the court do when other suspects use this procedure in the future? We're very confused because legal situations that we couldn't imagine are continuing.
[Anchor]
President Yoon is expected to travel from Seoul Detention Center to the Western District Court in a convoy of the Ministry of Justice, and there are a lot of supporters of President Yoon near the Western District Court. Is there any possibility that President Yoon will send a message to his supporters?
[Sonho]
Even if the president wants to do so, there is a high possibility that it will not be possible. Because, of course, he's a sitting president.Ma is currently under arrest and an arrest warrant has been requested. And he also moved to the court for a warrant review. Then this is legally a convoy. Therefore, unless there are very exceptional circumstances, the procedure is to go to court immediately after moving to a waiting area, so even if the president wants to, supporters and other people will not be given the opportunity to express their position directly.
Also, if the authorities allow such an opportunity in a surprise move, the decision itself could come back to criticism later on. It can be pointed out. So it doesn't seem very likely. However, after meeting with the lawyer last night, a letter came out saying thank you to the patriotic people. If so, I feel so sorry for the president's position or the arrest of a minister or commander who came out indirectly through the mouth of a lawyer a little while ago, even before going to proceed with the proceedings at 2 o'clock today.
And it's also the most basic. Emergency martial law was justified. And there is no crime of rebellion. If so, there is a premise. There are requirements in advance. If emergency martial law was justified, what are the requirements for issuing emergency martial law? What happened at that time? The logic can be completed only by explaining and persuading even these situations. These can be delivered to the people at least in the form of documents or lawyers writing them down. Also, it may take some time for the process to start at 2 o'clock. That's why no new reports come out during the time the procedure is in progress. And since we can't see the scene and reporters can't go in and cover it, I think they want to convey an indirect message even if they can't talk about it in person during that time.
[Anchor]
I see. So far, I've been with lawyer Sohn So-ho. Thank you.
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