President Yoon's arrest warrant issued...What about the future investigation?

■ Host: Anchor Jeong Chae-woon, anchor Hwang Ji-yeon
■ Starring: Attorney Kim Sung-hoon, reporter Kim Da-hyun

* 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 have continued to tell you, an arrest warrant has been issued as a result of the investigation of the warrant for the first time in the constitutional history of the incumbent president. With lawyer Kim Sung-hoon and reporter Kim Da-hyun, let's look at the legal issues related to the issuance of arrest warrants and the situation related to riot protesters. How are you? As I told you earlier in breaking news, the police have restored order near the Western District Court, so please tell me if you have any information about it.

[Reporter]
I'll tell you the new news first. Supporters of President Yoon Suk Yeol are staging violent protests and rampaging in the Seoul Western District Court. There was even new news that the protesters sprayed fire extinguisher powder at the police. In addition, the police said about 40 people were arrested for the court rampage. This is the situation so far. The number of people arrested and the number of people arrested may increase in the future. As you said, the police said they will strictly investigate. Evidence data, that is, evidence data, was collected at the site, and based on this, the policy is to investigate strictly.

[Anchor]
I hope there will be no more physical clashes before the Western District Court as the order in the neighborhood has been restored. When the warrant was issued, the most important thing that Cha Eun-kyung, a senior judge, emphasized is the fear of destroying evidence. How did you see Judge Cha's remarks?

[Kim Sung Hoon]
The fear of destroying evidence and the very important value on the other side is the discovery of substantive truth. Criminal investigations and trial proceedings can eventually publicly identify what the actual truth is and see what happened objectively and what laws are being applied accordingly. Since it is the destruction of evidence that interferes with this substantive truth, the higher the need for finding the substantive truth, the more strict the fear of destruction of evidence is. In that respect, the head of the rebellion is a very important point of charge. As the leader, it is very important what kind of instructions he gave specifically and for what purpose. In conclusion, it is highly likely that they will not cooperate in the overall investigation process and strongly resist the execution of search warrants for official residences, and overall, they will not cooperate with the discovery of substantive truth and will strongly deter them in the future. In that regard, one important reason for issuing a warrant is the fact that the public procedure itself, which seeks to reveal substantive facts beyond individual Telegram withdrawal, is not subject to judicial review as an act of governance.

[Anchor]
The court's judgment seems to have been severe even though President Yoon attended in person. What do you think?

[Kim Sung Hoon]
In conclusion, the standard for issuing a warrant is whether the investigation and trial to discover the actual truth can proceed normally even if the investigation and trial are conducted without detention. Or, it can be seen as a judgment based on whether the actual truth can be discovered only by arresting this person's human body and conducting an investigation and trial. Even if they attended in that regard, if they strongly expressed their will not to comply with investigations or judicial procedures because there is no suspicion of the emergency martial law itself and the judicial review itself is unfair, the parts that made such statements and remarks would not have worked more favorably for the suspect in issuing a warrant.

[Anchor]
An arrest warrant was issued at around 3 a.m. this morning, and more than 3 hours have passed since then, so many situations have occurred. An arrest warrant was issued and President Yoon was imprisoned in a detention center wearing a prison uniform. There were a lot of situations from riot protesters to police restoring order nearby. Reporter Kim Da-hyun, please summarize the situation of issuing an arrest warrant for President Yoon.

[Reporter]
The Seoul Western District Court issued an arrest warrant for President Yoon Suk Yeol at 2:59. The interrogation of the suspect before arrest ended at around 6:50 p.m. last night. The results came out in eight hours since then. Cha Eun-kyung, a senior judge at the Seoul Western District Court, explained the concern of destroying evidence while issuing an arrest warrant. As an incumbent president, the possibility of using his influence to eliminate evidence of statements from officials seems to have been considered.

[Anchor]
I heard the situation of the Western District Court from reporter Kim Da-hyun. And there's a breaking news just now. Breaking news from the presidential office. A senior secretary meeting is scheduled at 9 a.m. It is expected to be held under the presidency of Presidential Chief of Staff Jeong Jin-seok. An official from the president's office said in a call with YTN that the situation was unprecedented in constitutional history and that they would discuss countermeasures against it. The senior secretaries' meeting, which will be held at 9 a.m. today, is expected to discuss resolving confusion in state affairs and the situation of diplomatic security stability. I'll give it to you again. A senior secretary meeting is scheduled for 9 a.m. today. In this regard, he said he will discuss the unprecedented situation in constitutional history. I'll give you the news as soon as it comes in.

[Anchor]
Let's continue with reporter Kim Da-hyun. Then, should I say that the court has clarified to some extent the charge of rebellion due to the issuance of this arrest warrant?

[Reporter] Unlike arrest warrants issued for 'refusal to request attendance'
, arrest warrants are issued only when criminal charges are clarified to some extent. The Senior Civil Servant Corruption Investigations Unit said in the YTN call that there was considerable reason to suspect that President Yoon had committed a crime. In other words, the process of blocking the National Assembly and the Central Election Commission after the declaration of the emergency martial law is broadcast in real time, which is interpreted as taking into account the seriousness of the rebellion. In addition, the legal community analyzed that President Yoon refused to comply with all five requests for attendance by the prosecution, police, and high-ranking government officials' criminal investigation, but even his uncooperative attitude was adversely affected in the investigation, such as refusing to investigate the Senior Civil Servant Corruption Investigations Unit after his arrest.

[Anchor]
Let me ask the lawyer a question. How will the investigation into President Yoon proceed in the future? Even if he is arrested, President Yoon is likely to exercise his right to remain silent as he is now, so how much progress will be made in the investigation?

[Kim Sung Hoon]
The attitude of exercising the right to remain silent is not expected to change depending on the warrant request and issuance. In that regard, I don't think we can rule out the possibility of prosecution faster than the normal period. In particular, in the case of investigations into key suspects, it is common for investigations to be conducted based on other accomplices. Since the investigations into major mission workers have been completed and prosecuted, there are many procedures left to continue to confirm their positions on that part. However, it is necessary to see if the prosecution will take the same attitude in the prosecution's investigation because the investigation will be transferred to the prosecution after the Senior Civil Servant Corruption Investigations Unit, and the fact that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate before the indictment is one of Yoon Suk Yeol's strongest protests.

[Anchor]
Arrest investigation is possible for up to 20 days, but five days have already passed. Then, the time left at the airborne office was reduced that much. Which part will the Airborne Division focus on during these five days?

[Kim Sung Hoon]
The facts of the most important statements about important mission workers can be divided into three categories. First, who made Pogoryeong No. 1 like this. Public announcement of the activities of the National Assembly and political parties in general is not permissible even if martial law is practiced under the Constitution. The primary thing would be to write those parts yourself and confirm that you were involved. Second, did you give an order to fundamentally block access to the National Assembly or mobilize military units to attract lawmakers? I will check the position of the specific statement that I received the instruction. Third, basically, in this process, there will be instructions about the NEC or the part that wanted to occupy the National Assembly. If there is one more thing, whether major politicians such as ruling party leader Han Dong-hoon, Lee Jae-myung, and chairman Woo Won-sik ordered arrest and detention without warrants will also be an important factor.

[Anchor]
The interrogation of the suspect was heard by Cha Eun-kyung, a senior judge on duty, not a judge in charge of a warrant. What do you think about this?

[Kim Sung Hoon]
I think there will be two things. First, there were unusual procedures called arresting pride, so the period of time to request a warrant itself was extended, which led to a weekend. Second, there are two judges in charge of warrants, and both have issued the first and second arrest warrants directly, so we cannot rule out the possibility that it would have been better to have another judge examine whether to issue a warrant in the situation where there were positions attacking the judge itself.

[Anchor]
As the amount of time the Senior Civil Servant Corruption Investigations Unit has been reduced to about five days, attention is being paid to when it will be transferred to the prosecution. We decided to investigate 10 days each, but is there a possibility that the Senior Civil Servant Corruption Investigations Unit will hand it over to the prosecution earlier than that period?

[Kim Sung Hoon]
I don't think we can rule out the possibility of that. I don't think the attitude of not responding to the investigation by the Senior Civil Servant Corruption Investigations Unit will suddenly change depending on the issuance of the warrant. In that regard, I don't think we can rule out the possibility of handing over the investigation to the prosecution in order to conduct sufficient investigations in advance for prosecution.

[Anchor]
The evaluation of the investigation capabilities of the Senior Civil Servant Corruption Investigations Unit has also been put to the test. First of all, did you get on the fast track without a hitch in the investigation of the Senior Civil Servant Corruption Investigations Unit?

[Reporter]
That's right. Once the warrant is issued, the Senior Civil Servant Corruption Investigations Unit is expected to quell the controversy over investigative power. Earlier, the Senior Civil Servant Corruption Investigations Unit failed to conduct a proper investigation even after arresting President Yoon. I kept my right to remain silent. With the arrest warrant issued today, even if President Yoon refuses to investigate, the Senior Civil Servant Corruption Investigations Unit can take compulsory recruitment measures. As you said, we tentatively agreed to investigate President Yoon for half of the maximum arrest period of 20 days, 10 days each. Based on the 15th when President Yoon was arrested, the Senior Civil Servant Corruption Investigations Unit is expected to investigate him and hand him over to the prosecution within 10 days. However, there is a possibility that President Yoon will seek an arrest suit in the future, and in this case, the timing of the indictment may be delayed.

[Anchor]
In the future, what points will the Senior Civil Servant Corruption Investigations Unit pay the most attention to proving in the investigation process?

[Reporter]
The Senior Civil Servant Corruption Investigations Unit is said to have received a large portion of the data from the prosecution. It seems that all-out efforts will be made to prove the head of the Yoon Suk Yeol Presidential Insurrection by taking over all of the indictments of martial law commanders. However, if Yoon Suk Yeol's side continues to remain silent, it is unclear how much further progress will be made in the future because there was a story that the Yoon Suk Yeol's investigation questionnaire prepared by the Senior Civil Servant Corruption Investigations Unit would exceed 200 pages.

[Anchor]
Yoon will be moved to Suyong-dong, not the waiting room for the suspect after issuing an arrest warrant. If you have a single room graphic, it would be nice to display it. If you say you were moved to Suyeong-dong and took a mug shot after that, then the president will use a solitary cell, right?

[Reporter]
In fact, when accepted, it is basic for several people to live together, but President Yoon Suk Yeol is an incumbent president. Therefore, it is expected that many people will not live, but will be held in solitary confinement as a kind of courtesy. The graphic of former President Park Geun Hye is going out. He was housed in a solitary confinement room of about 3 pyeong in the Seoul Detention Center, and in the case of former President Lee Myung Bak, it was not a detention center in Uiwang, but a Seoul Eastern Detention Center, where he lived in a similar size solitary cell in the Eastern Detention Center. [Anchor] Let me tell you the breaking news from the police. There is news that most of the Western District Court riots have been suppressed in three hours. Earlier, the police said that order in the neighborhood has been completely restored. They said they pulled out riot protesters who damaged objects inside the Western District Court. Police deployed 1,400 police wearing helmets and riot gear to draw protesters, and sporadic clashes continue at the back gate, but police are forcibly dissolving them.

[Anchor]
Once again, the spokesperson police suppressed most of the Western District Court riots in three hours. Earlier, it was said that the police had completely restored order, but it seems that it was an internal situation in the Western District Court. Outside, there are sporadic confrontations everywhere. Police wear helmets and riot gear and continue to confront rioters. Conflicts continue sporadically at the back gate. We are reaching a forced dissolution. The screen you see is in front of the Seoul Western District Court in real time. A while ago, I saw a police bus standing, but now I can't see a police bus. Nearby order has been restored and the forced suppression of protesters seems to have been completed. If there's anything more coming in, I'll keep you posted in real time. After all, the prosecution has the right to indict. President Yoon says he will not speak at all to the investigation by the Senior Civil Servant Corruption Investigations Unit, but what do you think about the possibility of opening his mouth during the prosecution's investigation?

[Kim Sung Hoon]
There may be some differences, but I thought there was a very high possibility that they would not respond to the investigation. President Yoon Suk Yeol's position is in some ways consistent. Since he is the ruler, his actions as an act of governance are not subject to investigation or trial. I've been talking about this all the time. In conclusion, the investigation of the Senior Civil Servant Corruption Investigations Unit raises the issue of investigative power, but even if it is a prosecution's investigation or a subsequent trial, we cannot rule out the possibility of continuing to maintain the position that there is no reason to cooperate with the investigation. However, at the national level, it is very important to actually check whether there has been an order, such as attracting, arresting, or arresting lawmakers through investigation and judicial procedures, so if you continue not to cooperate with these parts, it will inevitably lead to very unfavorable results in trials and future sentencing.

[Anchor]
If the prosecution prosecutes it, the main trial will begin. What would be the most controversial? President Yoon's side says martial law was a legitimate act of governance, and the Senior Civil Servant Corruption Investigations Unit claims that emergency martial law was illegal and anti-constitutional. What do you think will be the most controversial?

[Kim Sung Hoon]
First of all, the first constitutional requirement will be whether there is a reason equivalent to the so-called rapid change in wartime. Secondly, as a procedural requirement, it is important whether it has been deliberated by the State Council. Under the criminal law, it must be proved that it was intended to neutralize the constitutional institution in order to be the purpose of the national constitutional controversy, and in that respect, who wrote and ordered paragraph 1 of decree No. 1, which originally prohibits the activities of the National Assembly. According to Minister Kim Yong-hyun's statement, this was reviewed and approved by President Yoon Suk Yeol, so that will be the first issue. Second, it is important to note that certain troops were used to neutralize constitutional institutions, so if the statements that they ordered the National Assembly to be blocked and the lawmakers to break the door with an axe are confirmed as objective facts, the charges are likely to be admitted as the head of the rebellion.

[Anchor]
It seems very likely that President Yoon will seek an arrest suit, but if that happens, the position of the judiciary does not respect the judgment of the judiciary when making a judgment. Wouldn't this be a disadvantage for President Yoon?

[Kim Sung Hoon]
So, the first arrest warrant, the appeal of the arrest warrant, the second arrest warrant, and the legality examination of the arrest made in the Central District Court. Until the issuance of the arrest warrant this time, it can be said that the judiciary has made different decisions from its position in a row, not a judge of a specific individual. Even in the case of an arrest suit, unless there is a special reason, it is unlikely that the warrant issued will be judged inappropriate for the issued warrant. In that regard, it seems unlikely that it will be recognized as a practical procedure. [Anchor] Also, can we find out what the current situation is with the protesters?

[Reporter]
Many people have been arrested before and after the interrogation of suspects before arrest near the Seoul Western District Court and since the results of the actual examination of the arrest warrant came out. In the case of yesterday, according to the police, there were 40 people in total. Among them are people who assaulted reporters, assaulted police, blocked the movement of the airborne vehicle, and damaged the airborne vehicle, but in today's case, a new phase has unfolded. In this situation, there are a total of 45 performers today alone. In total, a total of 85 people were arrested by police before and after the interrogation of the suspect before the arrest. This is based on 6 o'clock, so there is a possibility that it will increase further in the future.

[Anchor]
So 45 people were arrested by the police this morning alone, and this could be much larger, right?

[Reporter]
That's right. There are 45 people this morning, and as you said, the situation is calming down a little, but you don't know yet. So, depending on the situation, there is a possibility that the number of people arrested or arrested will increase.

[Anchor]
According to reporter Kim Da-hyun, 45 people were arrested early this morning. I'll give you a breaking news regarding this. Police have arrested a total of 85 people since yesterday due to the Western District Court riot. On January 18th, a total of 40 people were arrested yesterday. A total of 85 people were arrested at dawn this morning. Some rioters crossed the wall of the Western District Court and stormed into the interior, damaging windows and other furniture. In addition, he assaulted police and reporters and illegally occupied the road and stole the road cordon. Prior to that, a prosecutor of the Senior Civil Servant Corruption Investigations Unit, who completed the warrant review, damaged the vehicle and deflated the tire. Currently, protesters have been arrested as active offenders, and order has been restored, and they are being dispersed to police stations in downtown Seoul. I'll give it to you again. Looking at the current status of the Western District Court, a total of 40 people were arrested yesterday on the 18th, and a total of 45 people were arrested today on the 19th, and 85 people were arrested in total. They crossed the wall of the Western District Court and stormed into the interior or damaged furniture such as windows. Riot protesters also assaulted police and journalists. There was also an illegal occupation of the road. He is accused of threatening or damaging the vehicle against the prosecutor of the Senior Civil Servant Corruption Investigations Unit who has completed the warrant review earlier. Currently, the protesters are arrested and distributed to police stations in Seoul. I'll let you know more details as soon as they come in. Simple rampage, climbing walls, breaking windows, and this is very illegal.Ma threatens the prosecution of the Senior Civil Servant Corruption Investigations Unit, and if it is a vehicle of a public institution anyway. On top of that, what charges will you be punished for, including police assault?

[Kim Sung Hoon]
There are a number of charges. First of all, assault and intimidation by people of that size using multiple powers can be a crime of disturbance or riot. The second is obstruction of justice. Interrupting the execution of public affairs by combining multiple powers is a hindrance to the execution of special public affairs. If a person is injured in the process, it will be an obstruction of the execution of special public affairs. It is a imprisonment for more than three years. It's very medium-sized. And it could be a common residential invasion. It can be a crime of damage to public property, and of course, it can also be a violation of the Gypsy Act. In conclusion, a number of crimes can be applied, and the important thing is that how to get the recruits and what punishments they take afterwards will be a tipping point in whether this happens again or not. Even if they were arrested and arrested, if the investigation and trial on this part are not carried out properly, they are likely to commit more extreme, stronger, and more horrible forms of violence in the future because they carried out those actions with strong confidence. I don't think we can rule out the possibility of greater forms of violence and riots by encouraging such violence or influencing each other.

[Anchor]
As mentioned earlier, there were cases where they threatened the prosecutor of the Senior Civil Servant Corruption Investigations Unit who had completed the warrant review, and there were cases where they posted that they would kill a judge who dismissed President Yoon's arrest suit. What kind of charges will you face in this case?

[Kim Sung Hoon]
In the case of the murder threat mentioned earlier, it will be punished as a crime of intimidation. Also, depending on the specificity, the preliminary conspiracy of murder can be punished. It seems that punishment will be possible for that. If you threatened the Senior Civil Servant Corruption Investigations Unit or the vehicle earlier, the contents of the threat could be incarceration and damage to public property. And it can be seen that it will be a special threat through joint cooperation. In conclusion, before talking about punishment, we need to see why these things happened. The politicians who brought each process of investigation and trial into the middle of politics and made it too casual to attack the investigative agency itself, the court itself, or the judge of the court itself, and the current lawyers eventually caused this. So all of these things, whether it's law, warrant, or public power, are giving us confidence that they can eventually be arbitrarily treated as violence at will. Even at this moment, I am strengthening that conviction and inciting it. Then, as a result, I don't think this republic can be maintained as one. In this regard, I think that not only protesters but also in this form, at least lawyers need to strongly condemn the cooperation or agitation of politicians such as lawmakers.

[Anchor]
Concerns continue to emerge that the judicial order is shaky. Reporter Kim must have seen a lot of protesters in front of the Senior Civil Servant Corruption Investigations Unit or in front of the Hannam-dong residence recently. How did you feel about the atmosphere at the scene?

[Reporter]
I think it's a very heated atmosphere. I felt that a lot. In particular, supporters of President Yoon Suk Yeol or people who call for President Yoon Suk Yeol's arrest are in the same space, so I've seen situations where people with different positions can criticize each other or even a physical conflict. When I go out and cover as a reporter, I encounter threatening situations and hear stories from my fellow reporters, but we are also very nervous because it can lead to extreme situations.

[Anchor]
As I told you a while ago, some riot protesters who supported President Yoon who attacked the Western District Court have been forcibly dispersed by the police. Let's talk about the short-lived Special Prosecutor Act and the martial law special prosecutor law proposed by the ruling party. The word itself is different. There is also a difference that comes from the words of the martial law special prosecution law, whether to see it as a civil war. Is there a possibility that the independent counsel law will be dealt with by agreement between the ruling and opposition parties?

[Kim Sung Hoon]
I don't think there will be any. In conclusion, the people's power is strongly opposed to the special prosecution, so they agree to conduct a special prosecution, but I think the people's power is very negative about the special prosecution itself rather than the situation. In such a situation, it seems very unlikely that the independent counsel law will be made by agreement.

[Anchor]
Even if the special prosecutor passes, it will take a considerable amount of time to organize. Do you think there is a possibility that the prosecution will prosecute in the meantime?

[Kim Sung Hoon]
In the meantime, the possibility of prosecution prosecuting is 100%. Since the special prosecution must be filed within 20 days of the arrest warrant, it takes much longer than 20 days for the special prosecution law to be promulgated and the special prosecution to be formed. In conclusion, even if the special prosecution law is passed and it is promulgated without veto, it is highly likely and certain that the prosecution of President Yoon Suk Yeol will take place before then.

[Anchor]
A moment ago, the screen of the memorial service for the Jeju Air passenger plane disaster appeared on the screen. There was a technical error. I apologize to the viewers. First of all, President Yoon's arrest is over. At the same time, attention is also focused on the impeachment trial of the Constitutional Court.
Since the Constitutional Court has designated three more times this Tuesday, Thursday, and the Constitutional Court, there are five more left, so what do you think about the possibility of President Yoon's attendance?

[Kim Sung Hoon]
There is a possibility that if you are in custody because you have attended the warrant review again this time and because you are in custody, you may be more willing to attend. In that regard, the likelihood of attendance is higher than before. However, I think the so-called lawyers will also think about the impact on attendance. It was justifiable to continue to do emergency martial law, and above all, it is not subject to judicial review, but these are expressions that the judges cannot dare to judge. I'm very concerned about how these parts will have a positive impact on the trial in the future.

[Anchor]
Is there a possibility that President Yoon's deputies will change their position during the impeachment trial? How do you look at it by turning your existing position?

[Kim Sung Hoon]
The pleading period has been extended for a very long time, but it can be seen that it is filled with political arguments rather than arguments. So it seems that we will continue to spend a lot of time promoting political legitimacy rather than legal principles and facts themselves. In that regard, basically, it seems that the attitude will not change in the future. However, the very meaningful parts of the criminal case were made by former Minister Kim Yong-hyun in connection with the declaration No. 1 paragraph 1, that is, the suspension of parliamentary activities, and this is expected to be an important factor in the future trial and investigation process.

[Anchor]
That's all for today's talk. With lawyer Kim Sung-hoon and reporter Kim Da-hyun, we looked into the situation of issuing arrest warrants, related issues, and the suppression of riot protesters. Thank you.