President Yoon's statement in prison, "Please express your intention in a peaceful way."

■ Host: Anchor Yoon Bori, anchor Kim Myung-geun, anchor
■ Starring: Attorney Kim Sung-soo

* 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]
For the first time in constitutional history, some supporters stormed the court and caused violence when the decision to detain a sitting president was made.

In response, President Yoon issued a statement in prison asking the people to express their opinions in a peaceful way. Let's take a closer look at the contents related to lawyer Kim Sung-soo. Hello.

First, let's look at the news that came in a little while ago. President Yoon Suk Yeol was very surprised to hear the disturbance in the Western District Court early this morning. At the same time, he expressed his hope that the people would express their intentions in a peaceful way.

[Kim Sung-soo]
That's right. Wasn't there a warrant decision yesterday? After the arrest decision, such news was reported that the crowd, who appeared to be supporters, stormed into the Seoul Western District Court and damaged the public property of the Seoul Western District Court. And in this regard, there are talks that the President of Yoon Suk Yeol has expressed his position now, and to briefly introduce the statement, it can be seen as a request for the people to express their opinions in a peaceful way. So the president was very surprised and saddened to hear about the situation at the Seoul Western District Court early this morning. And because solving it in a physical way can be very hurtful to the nation and to the individual, there were concerns about this, and I understand how you feel, but I asked you to express your intention in a peaceful way.

[Anchor]
The police also expressed their hope that the situation would be resolved smoothly with a tolerant attitude rather than a hard-line response, but the situation was so serious, so would it be possible to tolerate it?

[Kim Sung-soo]
The statement also said that the police should resolve the situation smoothly with a tolerant attitude rather than a hard-line response, but if the police are conducting an investigation and there is a violation through evidence, wouldn't it be possible to proceed with the investigation and if there is a crime, the prosecution will send an opinion on whether to prosecute and if the prosecution determines that there is another crime, it will be prosecuted and judged by the court?

As for tolerance, it is expected that tolerance will eventually become an issue in the court's judgment process, and when there is a problem with criminal punishment rather than tolerance in the court, the criteria for sentencing are the basis. And since the reason for sentencing can be very important, such as the room for reflection, I think these parts will be important in the future.

[Anchor]
I just got one breaking news. It was announced by the Joint Investigation Headquarters. I heard that I will notify the President of Yoon Suk Yeol of his attendance at 10 a.m. tomorrow. Initially, the Senior Civil Servant Corruption Investigations Unit notified the President of Yoon Suk Yeol to investigate at 2 p.m. today. On top of that, as President Yoon Suk Yeol refused to comply, he will be notified of his attendance at 10 a.m. tomorrow. Let's continue the related conversation again. a court rampage Isn't this the first time? It's also very shocking to the general public.

[Kim Sung-soo]
That's right. Isn't it not just a residential invasion or a crime of damage that's an issue, but a person who broke into the court and destroyed the property because he was dissatisfied with the court's judgment? Therefore, in the end, judicial power and rule of law can be seen as actions that can break order, and if these actions are repeated over and over again, in the end, the rule of law, which is the basis of our law, and in the end, the executive, legislative, and judicial branches continue to operate under the Constitution and laws, ensuring the safety of the people.

But even this part can be a part that can collapse. If that happens, all citizens will be damaged. That is why I am even more shocked by this, and I believe that President Yoon Suk Yeol has mentioned a peaceful way to go about this. And if the judgment of the court is incomprehensible or unacceptable, isn't there a procedure such as the first, second, and third trials in the law or in the final judgment? There are parts that can be argued within the law like this, and if I want to express any other opinion, there is the Gypsy Act. There is a law on assembly and demonstration, and according to the procedure, there is also a procedure for me to express my opinion through the assembly. And here, there are regulations such as not being able to gather within 100 meters of the court, so I think I asked for these things because there is a way to observe these regulations and express opinions.

[Anchor]
The president also said he wants the police to do this and take a tolerant attitude, but the police suppressed the Western District Court rampage within three hours. Not only the outer wall of the court but also the windows were broken, but the police delivered a strict response policy. How do you think we should investigate to respond?

[Kim Sung-soo]
There are now reports that about 46 people have been arrested at dawn. It is said that there are about 46 people related to the early morning incident, but if there were more people, it seems that there will be a process of specifying each person through evidence. And it's not like we all broke the window together, but one or two people may have broken it. If so, I think I may have to go through the process of specifying this part because I may have to hold each person guilty. And if it becomes specific, we will examine what areas of the law can be applied. Since the criminal law, the crime of possession, obstruction of special public affairs, obstruction of special public affairs, intrusion of buildings, destruction of public objects, and violation of the Assembly Act are at issue, I think we will review each crime after organizing each fact individually.

[Anchor]
If the crime of need or intrusion of buildings is applied, how much will the level of punishment be?

[Kim Sung-soo]
First of all, cases of required crimes are a collection of multiple crimes, and in the case of assault, intimidation, and damage, fines of not less than 1 year and not more than 10 years and not more than 15 million won are stipulated. In general obstruction of public affairs, fines of up to five years and up to 10 million won can be increased to two minutes 1 for obstruction of public affairs if it is not special or multiple, if it interferes with the execution of public affairs with dangerous objects. In addition, if an injury occurs in the process, there is room for a very heavy sentence of imprisonment for more than three years as an obstruction of the execution of special public affairs. If we did it together in the case of building intrusion, we can be sentenced to up to five years in prison due to the thinness of the special part, and in the case of destruction of public objects, fines of up to seven years and up to 10 million won will be considered very comprehensively, but we need to see how far the crime can be established according to each act, and didn't we mention the sentencing criteria earlier? Each judgment may be slightly different because the court will eventually make a certain ruling by reflecting the sentencing criteria.

[Anchor]
Prior to the violence, there were cases in which people were arrested beyond the court wall, but what punishment do you expect in the case of Waldam protesters?

[Kim Sung-soo]
For now, it was a situation that prevented access to the court, but if you go in, if there was an act that amounted to assault or intimidation, it could interfere with the execution of public affairs. And if there is another thing that can be said to have broken into the building, there are parts that can be broken into, and if it was a procedure for assembly or demonstration under the Assembly Act, it can be an issue of violation of the Assembly Act, so I think that these parts will be comprehensively reviewed and applied to the crime.

[Anchor]
Just now, we informed the President of Yoon Suk Yeol that the Senior Civil Servant Corruption Investigations Unit will notify him of his attendance at 10 a.m. tomorrow. So, President Yoon Suk Yeol is maintaining this position that he will not comply with the investigation by the Senior Civil Servant Corruption Investigations Unit because it is illegal, right?

[Kim Sung-soo]
In relation to the Senior Civil Servant Corruption Investigations Unit, President Yoon Suk Yeol has consistently insisted since the execution of the arrest warrant that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate. And if you look at Article 2 of the Corruption Investigations Unit Act, there are crimes that can be investigated by the Corruption Investigations Unit, which are applicable in cases of abuse of authority, but there are no explicit provisions in cases of rebellion. Therefore, the Senior Civil Servant Corruption Investigations Unit claims that it can investigate the crime of rebellion as a related crime because there is a regulation that can investigate related crimes in connection with abuse of authority, and President Yoon Suk Yeol argues that the crime of rebellion is much more serious, and does it make sense to investigate serious crimes through serious crimes?

As a result, it seems that they continue to stick to this purpose that they cannot respond to this investigation because there is an issue with the investigation right and they claim that they have no investigation right. Therefore, if we continue to express this about the Senior Civil Servant Corruption Investigations Unit, we will not attend at 10 a.m. tomorrow as if we were present at 2 a.m. today but did not attend, and when that happens, it will be an issue about what measures the Senior Civil Servant Corruption Investigations Unit will consider.

[Anchor]
So what are some measures that the Senior Civil Servant Corruption Investigations Unit can take if the president continues not to attend and fails to comply with the request for attendance?

[Kim Sung-soo]
Representatively, I think two things will be reviewed. One thing is that the prosecutor goes directly to the detention center and conducts an investigation on that part, and the other thing is that you can review the forced recruitment. In the case of recruitment, there was a Supreme Court precedent that it was possible if an arrest warrant was issued, so I think there is a possibility to review that part. In this regard, there was a primary investigation at the time after the second arrest warrant was executed, and at that time, we responded. Even then, if you don't receive an answer because you eventually exercised your right to refuse to make a statement, even if the investigation is conducted, there is no real benefit, and there is no choice but to worry about whether it is right to review such compulsory recruitment and such in a state of such lack of practical benefit. In particular, isn't this important part of the arrest right now?

If that's the case, this is up to 20 days. In principle, 10 days is the principle, and if you receive an extension only once, it will be extended for another 10 days, but now the Senior Civil Servant Corruption Investigations Unit and the prosecution are talking about dividing the date to some extent. In that case, the Senior Civil Servant Corruption Investigations Unit is very close to the date, and I think we have no choice but to review how much time we will delay to investigate this.

[Anchor]
If you continue to refuse to comply with the investigation, won't this work against President Yoon if you go to court in the future?

[Kim Sung-soo]
Since the right to refuse to make a statement itself is a right specified in the Constitution and the Criminal Law, it is difficult to conclude that exercising this part itself adversely affects the trial. However, if you refuse to make a statement, in fact, in deciding whether to issue an arrest warrant, there is a concern about the destruction of evidence, so this can be disadvantageous, and you are currently under arrest, right? If so, in the end, if you fully explain your position at the trial, if you prove it, I wonder if there is a review in this area because that part may not be an issue, and doesn't the Senior Civil Servant Corruption Investigations Unit have the right to investigate the legal basis for it? Therefore, I think they are considering various measures by comprehensively reviewing these areas.

[Anchor]
On the other hand, President Yoon has filed objections several times.Ma is expected to appeal the arrest warrant now. Do you think you're going to do this in the Seoul Central District Court? You think you're going to do it first, right?

[Kim Sung-soo]
I think there is a high possibility of binding pride. This is because in practice, arrests are not often done, but because they requested arrest suitability, I think there is a high possibility of claiming arrest suitability, and in the end, arrest suitability or arrest suitability is not of great benefit in general cases. This is not likely to be accepted, and it could be a situation where only the arrest period can be extended. However, in the case of President Yoon Suk Yeol, there is a part that has been argued that it is a court that has no jurisdiction over the court and does not have jurisdiction over the court. Therefore, I think that the court will proceed with such a procedure to be judged by the court once again through a binding trial.

[Anchor]
Then, how many days can an arrest warrant be issued?

[Kim Sung-soo]
Regarding the request for an arresting trial, it can be considered that it can be done while the warrant is in effect from the issuance of the warrant. That's why it has to be done until yesterday, it's hard to see it like this, but if you request a warrantful trial, the court has to proceed with the interrogation date within a limited time, and there is a provision that requires you to decide on that part after the interrogation date, so if there is a request, the process itself can proceed very quickly in the court.

[Anchor]
An arrest warrant was issued early this morning, and President Yoon was moved to the Seoul Detention Center. At the same time, the facility where they stay has changed from the time of arrest. What kind of procedures will I go through at this time?

[Kim Sung-soo]
First of all, there is a law on the execution of sentences and the treatment of prisoners. If you look at Article 19 here, if your brother goes through the admission process as a formal procedure, you will take a picture for identification. And fingerprints will be collected and a death penalty number will be given. Can't you tell me the number? There is no need to wear a veterinarian at the time because this procedure has been carried out and it was still under arrest.
That's why if you wore a suit and waited in the waiting room because it hasn't been decided yet, in this case, you have to wear a veterinarian because you're officially under arrest, and there's a high possibility that you'll be moving to a solitary room in Suyeong-dong rather than a waiting room. Therefore, I think that I will move to a room where I live alone and proceed with various procedures such as investigations in the future.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit strongly insisted on the need for arrest. The biggest reason the court issued an arrest warrant was the fear of destroying evidence. What do you think have been considered?

[Kim Sung-soo]
If you look at Article 70 of the Criminal Procedure Act, the reasons for arrest are specified. Therefore, there should be considerable reasons to suspect that they have committed a crime, and an arrest warrant should be issued only when housing is uneven, there is a risk of flight, or there is a risk of destroying evidence. As a result, there were many opinions yesterday on whether it would be a concern of escape or a concern of destroying evidence, but the court seems to have seen that there is a concern of destroying evidence.

In addition, the Senior Civil Servant Corruption Investigations Unit seems to have tried to reveal as much as possible that they are willing to destroy evidence through the replacement of mobile phones or the withdrawal of Telegram, and there is a risk of destroying these things because there is still a part of the non-phone and the server related to the use of the non-phone have not been confiscated. It seems that you made this claim, and you are currently the incumbent president, right? In other words, there is a part where it is speculated that such influence also exists because the court can review the influence and things like this.

[Anchor]
Let's also look at the situation after the arrest. There are predictions that President Yoon does not have many cards left before the prosecution indicts him, so what are the remaining countermeasures?

[Kim Sung-soo]
First of all, I think there will be a process of requesting a binding appeal and being judged once again on this, and I think this is the most important part of how to respond to the current investigation. When the Senior Civil Servant Corruption Investigations Unit continues to investigate, the prosecutor of the Senior Civil Servant Corruption Investigations Unit comes to the detention center or if there is a job offer, it becomes an issue of how to respond. Another thing is that when the case is transferred to the prosecution, this part can be very important whether you will refuse to comply with the prosecution. As a result, I think they may be thinking about various countermeasures.

[Anchor]
Prosecutors have already handed over former Defense Minister Kim Yong-hyun and suspects of civil war to trial, and some predict that the prosecution of President Yoon Suk Yeol will not take long. Do you think the evidence and witnesses you have already secured are enough? Or do you think it's not enough?

[Kim Sung-soo]
I'm sure a lot of evidence has been secured. In addition to former Minister Kim Yong-hyun, aren't a lot of related suspects arrested and charged? Therefore, it can be seen that prosecution is carried out with a lot of evidence secured for prosecution. So, there is a lot of evidence about the facts, and if so, the reason for receiving the suspect's statement itself is to receive the suspect's statement to specify the facts in general cases and review what evidence to reinforce if it is not credible. In this case, if there is a variety of evidence that can specify the facts, the suspect's statement itself can be considered to prosecute in the current state if he continues to exercise his right to refuse to make statements.

That's why we can review this, and as I said earlier, isn't there a 20-day period now? If this period passes, it's not that you can't file a prosecution at that time, but you have to be released. There is a part that needs to be released, so we have no choice but to review this. What can be a variable here is that if a special point is launched, there is a time when a special prosecutor is appointed and a special prosecutor is formed, right? There will be that part and the investigation will be conducted afterwards. In that case, the issue of how the Senior Civil Servant Corruption Investigations Unit will discuss this with the special prosecutor and how the prosecution will discuss this part could be very limited, so I think we will comprehensively review whether or not the special prosecutor will be launched.

[Anchor]
So, when will the indictment be?

[Kim Sung-soo]
As I mentioned earlier, I think that the timing of the prosecution will eventually take into account whether such a special prosecutor will be launched. If that part is not beneficial to the review, I think there may be room for prosecution in a little more haste. Or, once the investigation has been organized to some extent, isn't it difficult to get a statement from the Senior Civil Servant Corruption Investigations Unit? Then, I think there is a possibility that the prosecution will first send a case to the prosecution and give the prosecution as much time as possible to organize the facts and organize the claims for prosecution.

[Anchor]
In the National Assembly, the ruling and opposition parties continue to talk about the special prosecution, but you think the launch of the special prosecution does not affect the prosecution itself, right?

[Kim Sung-soo]
As I know, as the special prosecutor itself said, the special prosecutor law has been passed. If so, the president must decide whether to declare it within 15 days, and he must exercise his right to request reconsideration within 15 days for reconsideration. Therefore, if the special prosecutor law is promulgated and the special prosecutor is appointed, the arrest period itself is very tight if it is 20 days, so it can be said that it almost overlaps. In that case, if the Special Prosecutor Act is promulgated, the Senior Civil Servant Corruption Investigations Unit and the prosecution have no choice but to think about how to deal with these areas that narrow the scope of the investigation when the Special Prosecutor is launched.

[Anchor]
That's all for today's talk. So far, I've been with lawyer Kim Sung-soo. Thank you for talking today.