Yoon appeared in person for questioning of the suspect before his arrest...What's the court's decision?

2025.01.18. PM 2:56
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■ Host: Lee Yeo-jin, anchor Jung Chae-woon, anchor
■ Starring: Lawyer Sohn Soo-ho, Lawyer Seo Jeong-wook

* 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]
We will continue with the talks on the Yoon Suk Yeol presidential warrant. Lawyer Sohn, when the president's warrant review is over, will he go back to the detention center? What will be the schedule after that?

[Sonho]
After I finish the screening process today, I have to wait for the results. You go back to where you were and wait. The result is largely one of the two. The first is if a warrant is issued. If a warrant is issued, additional investigations will be conducted at the Senior Civil Servant Corruption Investigations Unit and the prosecution while in custody, and prosecution is expected to file a prosecution later. Another possibility is rejection. If it is dismissed, you will be released immediately. If released, he will return to his official residence where he was staying before as an incumbent president. Of course, even if the arrest warrant is dismissed like this, the reason for dismissal is important. First, if the warrant is rejected because the allegation is not made, this can give the president's argument a considerable boost. In other words, it's not the stage of proof, but the stage of calling.

In such a situation, if the allegation of the head of the rebellion is considered to be such a considerable probability at all, the president's argument, specifically what it is, should be considered.Ma is a very important decision for the president because it can be seen as a basis for various claims made by the president and as a judgment that the claims of the Senior Civil Servant Corruption Investigations Unit are not valid. But sometimes this is the case. Although the clarification of the crime has been made, there are cases in which arrest warrants are rejected because there is no fear of destroying evidence or because there is no fear of running away. In this case, even if the same arrest warrant is dismissed, the legal meaning will change considerably. In addition, the political meaning and the situation itself conveyed to the people can be quite different, so even if it is rejected, a lot of changes are expected today depending on the reason why it was rejected.

[Anchor]
How do you think the president will strategize afterwards in both cases when arrest warrants are issued or dismissed?

[Jungwook Seo]
Once dismissed, the investigation by the Senior Civil Servant Corruption Investigations Unit will take a sudden brake. But the question is, what is the reason for the dismissal? As expected, as our lawyer Sohn said, what reason is it? The judge will write three things. Has the criminal charge been cleared? Or, the wavelength varies considerably depending on the fear of flight, the destruction of evidence, and the reason here. There are other reasons as well. You can also include things like wrong jurisdiction as reasons for rejection. After that, we have to hand it over to the Seoul Central District Prosecutors' Office. Then, the Senior Civil Servant Corruption Investigations Unit, the police, and the responsibility must follow. But if it is issued after that, there is no reason for the Senior Civil Servant Corruption Investigations Unit to investigate for 10 days. They said they agreed to investigate on the 10th and the prosecution decided to do it on the 10th, but they are completely refusing to investigate the Senior Civil Servant Corruption Investigations Unit. You're not making a statement. Therefore, even if one is issued, immediately transfer it to the Central District Prosecutors' Office, which will probably lead to an arrest suit in the Central District Court as an arrest suit. One person conducts an arrest suit, but three people do an arrest suit in the collegiate division. Perhaps this procedure is expected.

[Sonho]
And in confinement, I presuppose. If an arrest warrant is issued today, the investigation will continue while in custody, and if the case is quickly handed over to the prosecution from the Senior Civil Servant Corruption Investigations Unit as lawyer Seo said, the prosecution will investigate. Will the president respond to the investigation? In the meantime, the Senior Civil Servant Corruption Investigations Unit has not responded to the investigation by claiming that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate, but if the case is transferred to the prosecution, will the prosecution recognize the right to investigate? Also, since the prosecution can file a prosecution, will you come to the prosecution and answer various questions? I think this will also be a very important part. And I hope that doesn't happen.Ma may not respond to the prosecution's request for an investigation by staying in the detention center even though the case has been transferred to the prosecution.

But that happened when the arrest warrant was executed and the Senior Civil Servant Corruption Investigations Unit was investigated. But even at that time, the Senior Civil Servant Corruption Investigations Unit expressed its position. I'm looking for various materials, precedents. However, according to the interpretation, it seems that they can be forcibly brought in, but they do not do so with various considerations, but there is a clear Supreme Court precedent for arrested suspects. It was an incident that came out in 2013. The re-appeal was dismissed, and the NIS had to investigate the situation at the time. The prosecutor said he'd investigate it at the NIS building.Ma had several suspects in custody who refused to comply. Then, with the effect of the arrest warrant, he was forced to bring it. And I put him in his seat.

Of course, the investigation didn't go smoothly.Ma saw the Supreme Court as not illegal as to whether such an act itself was legal or illegal. In other words, an arrest warrant is to be detained and locked up, but since the purpose itself is for investigation and investigation in the first place, the effect that can be brought and arrested is also included in the arrest warrant for detention. So of course, this is a theoretical part of it, and it's definitely going to happen, and it's definitely not a story that you have to do that.

It's quite unfortunate when that happens. And even if it's legally possible, I don't think I'll do it because there's a possibility of a number of headwinds when the prosecution makes that decision and does it, and it might even make things wrong.Ma didn't have that in the past, at least at the arrest stage.In the arrest stage, there is a precedent for going all the way to the Supreme Court and making a judgment.

[Anchor]
I'll stop listening to you two. So far, we've been with lawyer Sohn Soo-ho and lawyer Seo Jeong-wook. Thank you both for talking today.


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