■ Host: anchor Sung Moon-gyu
■ Starring: lawyer Choi Jin-nyeong. Choi Jin, Director of the Presidential Leadership Research Institute,
* 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]
The Senior Civil Servant Corruption Investigations Unit attempted to force the president of Yoon Suk Yeol, which had refused to investigate one after another, but it failed in the end. Today, we will be joined by lawyer Choi Jin-nyeong and president of the Presidential Leadership Institute Choi Jin. Welcome, two of you. Breaking news keeps coming in. The Senior Civil Servant Corruption Investigations Unit launched an attempt to force President Yoon into custody, but I told him that the vehicle had escaped from the Seoul Detention Center a while ago, and then it was suspended in about six hours because it headed to the detention center at 3 p.m. It looks like you failed, right?
[Choi Jin-nyeong]
Aside from the failure, in principle, it is the current rules of investigation for human rights protection that do not allow night investigations if you do not agree. President Yoon Suk Yeol, as I said, refuses to investigate the night after clearing everything up at about 9 o'clock.
[Anchor]
What time is the night survey and late-night survey standard?
[Choi Jinyoung]
It's basically 9 o'clock. Of course, before that, we actually talk a lot about whether we actually agree or not since it passed at 6 o'clock. Usually, in the case of arrested defendants, the investigation must be completed before 6 o'clock and in fact before 5 o'clock in some ways so that the guards and the guards have to leave work, so usually, in the case of arrested defendants, they do not pass 5 o'clock when they are investigated by the prosecution or police. However, even if it is said to be over 5 o'clock, it does not exceed 9 o'clock, but from 9 o'clock, a late-night survey is conducted. In the case of late-night investigations, even if they agree, they are told not to do it as much as possible, but no matter how much the job is done at night, if they go and refuse to investigate after 9 o'clock, it becomes an ineffective job offer, and there is a risk that the Senior Civil Servant Corruption Investigations Unit and the prosecution have internally regulated human rights protection rules, and even though they do not agree, if they are forced to recruit after 9 o'clock and are investigated, it is a violation of due process and the statement itself cannot be used as evidence. In the end, I tried to force a recruitment from the afternoon, but in reality, it's difficult. If it's not a detention center, for example, it's likely that the presidential security office wouldn't even be able to cover himself with the president. However, in this case, the Ministry of Justice virtually refused to protect the inside of the detention center, so I predict that in a case where the president has gone all the way to the room alone, but in a way, it would have been quite a burden for the Senior Civil Servant Corruption Investigations Unit to actually use force to drag him along with contact.
[Anchor]
Then I'd like to ask you a question because I'm curious. When the Senior Civil Servant Corruption Investigations Unit went to the forced recruitment, was the lawyer with you at that time?
[Choi Jinyoung]
It's supposed to be there. Originally, in the case of seizure and search, in a way, if an adult is the original target of seizure and search, family members or other people should be on the site, or if an attorney asks them to wait until they come to the site, they wait for an attorney to come to the site. However, I think it is right for a lawyer to come to the office in connection with the execution of a warrant for the president, and I do so in principle. Therefore, of course, in some cases, it is executed because there is a warrant anyway, but if so, I think that would have been difficult for the Senior Civil Servant Corruption Investigations Unit because the legal process of whether the arrest is legitimate can be questioned again.
[Anchor]
As the lawyer said a little while ago, the Senior Civil Servant Corruption Investigations Unit said that it had suspended the recruitment of President Yoon in accordance with human rights protection regulations, and that it would proceed with criminal proceedings including reinforcement. How did you like it?
[Choi Jin]
That's right. But I don't think execution will be easy. Because President Yoon Suk Yeol does not seem to recognize the existence of the Senior Civil Servant Corruption Investigations Unit. Didn't you refuse to comply with any arrest and arrest warrants afterwards, such as having no investigative power? Therefore, it seems that the Senior Civil Servant Corruption Investigations Unit has established a basic principle of refusing and refusing to comply with all actions. And today's forced recruitment itself has a side that President Yoon himself brought on by himself in a way of nightly investigations. The prosecutor and six investigators kept trying to buy the investigation from 3 p.m. at the Seoul Detention Center. So, until 3 p.m., 4 p.m., and the evening. Didn't you try to investigate or find a job even at night because you didn't comply with it at all? So I predict that maybe after tomorrow, we will continue to go to such a strategy as to refuse and oppose any judicial proceedings by the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
Our reporters didn't know anything about it for more than six hours because investigators from the Senior Civil Servant Corruption Investigations Unit couldn't bring their phones in, what happens inside. In any case, we couldn't find a compulsory recruitment. So there was a possibility that a visit survey was underway.Ma eventually refused to take the form of a visit investigation, and as a result, he refused. That's because it stubbornly rejects the investigation itself by the Senior Civil Servant Corruption Investigations Unit.
[Choi Jin]
That's right. It has been like that so far, and that's why I'm against it now, but I have no choice but to go in a thoroughly uncooperative direction on everything about the airborne organization. Moreover, isn't it a unique location called Seoul Detention Center? So it's practically physically impossible without the correctional authorities' cooperation, so to speak. But isn't it the Ministry of Justice that directs the correctional authorities? Therefore, the investigation is determined by the relationship between the Minister of Justice and the acting President Choi Sang-mok, so I think it will not be easy to find a second job in a special area called prison unless acting Choi Sang-mok cooperates.
[Anchor]
How do you see the lawyer? If the second investigation is attempted, will it respond or not?
[Choi Jinyoung]
Realistically, the possibility of responding is almost zero. As Professor Choi said, in the case of President Yoon Suk Yeol, the investigation itself is inappropriate because the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the civil war. However, in a way, it is premised on the premise of executing the arrest warrant last time, but even then, at around 7 a.m., in order to prevent such bloodshed that citizens can be injured and in some cases, young bodyguards at the security service can be injured, hasn't it come to this logic so far? Therefore, even if an arrest warrant is issued now, President Yoon's position still seems to have not changed an inch. And why, as you know, arrest and arrest? Isolation of the suspect itself from society is important, but more importantly, it is to receive a statement, but despite refusing to make the statement itself, it is constantly forced to recruit him? It's nothing more than an insult to President Yoon that Yoon Suk Yeol, in a way, will continue to hold out like that, or show off to the public the Senior Civil Servant Corruption Investigations Unit that they could arrest and forcibly detain. After all, in this case, what did you say in the case of President Yoon from the beginning? Get an arrest warrant or indict immediately. Then I said that I would go to the court and actively respond, didn't I? In the end, if it is obvious that you will refuse to make a statement even if you do the inch as it is, the role of the Senior Civil Servant Corruption Investigations Unit will end up until now.
[Anchor]
We've been silent so far. When should we plead for ourselves?
[Choi Jin-nyeong]
In the end, there is a possibility that you will consult with your lawyer about that. In this regard, he completely denied the prosecution's investigation when looking at the bribery case of former Prime Minister Han Myung-sook or the corruption of former lawmaker Cho Kuk's children's entrance examination. At the same time, he said he would go to the court and actively respond, but in the case of former Prime Minister Han Myung-sook, even after going to the court, the prosecution asked questions during the defendant's interrogation, so she refused any statements made by the prosecution in court. In 2010, the chief judge of the first trial was Kim Hyung-doo, who is now in the Constitutional Court, and the prosecution completely refused to make a statement in the defendant's interrogation even in the court where Kim Hyung-doo was. In the end, there is a possibility that whether exercising one's defense rights granted to the current constitution will end up as a Senior Civil Servant Corruption Investigations Unit, or actively make statements to the prosecution after consultation with lawyers, or, as I mentioned earlier, refuse to make any statements to investigative agencies like former Prime Minister Han Myung-sook and former Minister Cho Kuk, and go to court to argue if they are indicted.
[Anchor]
I'll organize it a little first and ask you a question. First of all, President Yoon claims that the Senior Civil Servant Corruption Investigations Unit is investigating the president and has no right to investigate him. The prosecution has the right to indict. So, the arrest period is up to 20 days, and I will divide it into half and half, 10 days, and use it with the prosecution. Since it has been discussed like that, I wonder if the prosecution will respond to the investigation.
[Choi Jin]
I don't know that either. If a friendly prosecutor who suits you conducts an investigation, you may respond, or if the prosecutor does not suit you, there is a possibility that you will reject it again. So it's hard to know whether President Yoon Suk Yeol complies with or rejects legal procedures. It's impossible to predict everything because it responds spontaneously.
[Anchor]
In fact, the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the president. The police have the right to investigate the president. Lawyer, please organize what you're saying now.
[Choi Jinyoung] It's
. What the anchor pointed out is legally correct. As you know, during the last Moon Jae In administration, he effectively deprived the prosecution of its right to investigate, and the crime of rebellion was now given to the National Investigation Headquarters. So, after the emergency decree on December 3, the Democratic Party of Korea tried to sue this part for rebellion, so I went to the prosecution and said, "We have no right to investigate the crime of rebellion." In addition, when I went to the Senior Civil Servant Corruption, bribery, and other things, the Senior Civil Servant Corruption Investigations Unit said at first that it had no right to investigate the crime of rebellion. But in that situation, the National Police Agency asked if the police chief also cooperated with the case in the process, and in the case of the Democratic Party, hand over the case to the Senior Civil Servant Corruption Investigations Unit. What happens to this situation after all. Even if the Senior Civil Servant Corruption Investigations Unit investigates hard and takes it with them, will the prosecution be able to conduct a supplementary investigation into the Senior Civil Servant Corruption Investigations Unit? In reality, the prosecution does not have the right to investigate, so if there is a problem with the matter, it is very likely that they will send it back to the police to investigate the case.
[Anchor]
Anyway, President Yoon keeps saying that he has nothing more to say to the Senior Civil Servant Corruption Investigations Unit because the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate him, so I asked him a question in that sense. Please keep talking, director.
[Choi Jin]
I replied to the fact that whether the prosecution, the Senior Civil Servant Corruption Investigations Unit, or the police respond to it or not, the cooperative and uncooperative attitude is judged on a regular basis. For example, if you always raise questions about the Senior Civil Servant Corruption Investigations Unit, are you saying that all legal proceedings that have been going on in Korea for more than 10 days or two weeks have been illegal and all have been illegal? The Senior Civil Servant Corruption Investigations Unit already went through legal procedures, issued a presidential arrest warrant, received it, and was arrested because of an arrest warrant, right? So you're saying it's illegal until now? That's why despite the controversy over the investigation rights of the Senior Civil Servant Corruption Investigations Unit, it's controversial Despite the controversy, I believe that I have already secured legal legitimacy because I have already completed a large part of the legal process. That's why President Yoon Suk Yeol refused to conduct a written investigation to show that if he continues to challenge the Senior Civil Servant Corruption Investigations Unit that he has no right to investigate, he has at least a written investigation to show that he has his will to comply with the law. So, I'm sure that the Constitutional Court, not the Senior Civil Servant Corruption Investigations Unit, was absent during the first hearing of the Constitutional Court, right? The Constitutional Court, the prosecution, the police, or all the special prosecutors after that, if they do it, they will respond if they are in favor of them in any process, and they will not respond if they are in disadvantage.
[Choi Jin-nyeong]
I think I need to talk about this from a legal point of view. If the prosecution takes over the case from the Senior Civil Servant Corruption Investigations Unit, it seems that there will be three options. The first is to call in President Yoon to conduct a supplementary investigation and then prosecute him on the premise that the investigation by the Senior Civil Servant Corruption Investigations Unit is legitimate. In the second case, the prosecution finally looked at what authority the Senior Civil Servant Corruption Investigations Unit has here, and the Senior Civil Servant Corruption Investigations Unit has no authority. In doing so, the method of requesting a supplementary investigation by sending the case back to the National Investigation Headquarters, or the police, who have the right to investigate according to the prosecution's completion. Lastly, it's neither me nor me, but since the Senior Civil Servant Corruption Investigations Unit investigated and sent it, how to prosecute the central district court or something according to the content. There are going to be these three. However, no one can predict which of these three will be done yet. In the end, there are media reports that the media also asked the prosecution to send it as soon as possible when they saw it today. In the end, when you see the intention of the prosecution to send it quickly and the intention of sending it quickly, it is read as the intention that the prosecution will actively conduct a supplementary investigation. Because anyway, the arrest period is only 20 days, so if you send it as soon as possible, wouldn't the prosecution be able to investigate as long as possible? In that sense, given the context of the current prosecution leadership, there is a possibility that the prosecution will directly summon and investigate President Yoon, but the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate after sending it so quickly. If so, conducting a supplementary investigation is actually an object that can request a supplementary investigation, in short, the possibility of sending it to the police's national capital remains.
[Choi Jin]
I want to make it clear that the Senior Civil Servant Corruption Investigations Unit is divided according to the camp's logic. Conservative legal professionals have consistently argued so far that they do not have the right to investigate, but legal professionals in the progressive camp say they can investigate and investigate crimes of rebellion from abuse of authority to related crimes. Although there is only the right to investigate each other's conflicting claims and controversy may continue, it is absolutely impossible to conclude that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate, and conversely, the Senior Civil Servant Corruption Investigations Unit can investigate the crime of rebellion, so the legal process has come so far and I think it will continue in the future.
[Anchor]
So, since the two sides have different arguments on whether the Senior Civil Servant Corruption Investigations Unit has the right to investigate or not, and President Yoon is refusing to comply with it because he has no right to investigate, the prosecution will send it to the police as the lawyer said, and if a reinvestigation is needed. So, all the main suspects are now under arrest, so if all the requirements for prosecution are met, I think they can be prosecuted, and if you two listen to them now. If it needs to be investigated further, how do you see the possibility of sending it back to the police for an investigation?
[Choi Jin]
I don't think this is easy. Because there is a subtle relationship between the prosecution and the police, there is not much possibility of sending it back because there is a subtle relationship between the prosecution and the police. However, it is justifiable that a cooperative system should be implemented because we are investigating the national rebellion now. For example, the Senior Civil Servant Corruption Investigations Unit, the prosecution, and the police are not competing for credit on this part, but working together to compensate for each other's legal deficiencies is a way to end this case quickly. Therefore, I think it is necessary to closely consult between the prosecution and the police and also to cooperate closely with the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
I see. An arrest warrant was issued yesterday. Let's take a look at the situation. At this time, Judge Choi Eun-kyung said the reason for the issuance like this. There is a fear that the suspect will destroy the evidence. There were only 15 letters of reason. Is it correct that the court, so the judge, thinks the crime has been cleared? There are quite a few people who judge it that way.
[Choi Jinyoung]
That's right. In the end, the arrest warrant was issued, so there is no explanation for the crime, but it is correct to assume that the warrant was issued on the premise of it. If so, I think a more responsible decision was needed. As you know, the arrest warrant must exceed three levels of hurdle.
Whether the first step is to clarify the fact of the crime and the fact of the crime stated in the warrant. On that premise, then three things. On the premise of that, we look at the three reasons for the destruction of evidence, the fear of escape, or the denial of housing, and even if there are three reasons for arrest at that time, whether we should arrest them in some way, and the necessity of arrest. In the end, the need to retreat and restrain the presumption of innocence, most of these three steps go through three stages of examination. But in the end, it starts in the afternoon and lasts more than 12 hours. The fact that I answered in 15 letters afterwards means that I actually felt very burdened by social criticism in a way. As you know, if it is not logically explained, there is a lack of explanation for the fact of the crime itself or there is room for dispute over the fact of the crime, so the warrant is dismissed without further examination. In that regard, the crime of rebellion is very controversial even among lawyers. That's why, in the absence of a clear judgment on him, he is virtually arrested as an incumbent president, all of whom have been impeached or most of whom have been arrested, and most of them have already been raided and searched by prosecutors, the Senior Civil Servant Corruption Investigations Unit and, in a way, the police have done so several times. Nevertheless, isn't there considerable criticism about whether it is justified to arrest him on the grounds of fear of destroying evidence? That's why if the background of the riot at the Western District Prosecutors' Office, which is really unimaginable, was explained by the court that the people could persuade, such a ridiculous result was unlikely to happen.
[Choi Jin]
Isn't there a controversy over the fact that 15 letters saying there is no destruction of evidence is too short? But in fact, it was 35 letters during the former president Park Geun Hye. I don't think there's much difference between 15 or 35 letters. Maybe Cha Eun-kyung, the judge in charge of warrants, thought so. In a way, he seems to have a strong conviction of guilt in his own way, saying, "Isn't he a conviction?" For example, considering that he has refused to comply with the Senior Civil Servant Corruption Investigations Unit or investigation, he has recently changed his cell phone and deleted Telegram, and is uncooperative to the investigation, I think he is very likely to destroy evidence even if he is not detained, and that he has been specified in 15 letters to give a very simple and strong feeling.
[Anchor]
Yesterday, Judge Cha Eun-kyung said that President Yoon attended in person. The only question I asked was what the emergency legislative body was. What's the meaning of this?
[Choi Jin]
There are a lot of other questions, but don't you have to ask just one question? Maybe Judge Cha Eun-kyung is like that. Before that, I believe that various possibilities of live ammunition, suspicions, and controversies related to martial law have already been notified to the public. But after that.
[Anchor]
Where did the emergency legislative body come from? Wasn't there a note that President Yoon gave to Deputy Prime Minister for Economy Choi Sang-mok right after the martial law declaration? The term "emergency legislative body" is included in it, and the National Assembly-related funds will be completely cut off. Then draw up a budget related to the National Emergency Legislative Organization. These things were written in the note. So what is an emergency legislative body. I think that's why I asked that question here.
[Choi Jin]
So, in the media, wasn't there a controversy over the National Security Committee during Chun Doo-hwan's time? So, perhaps from the perspective of Judge Cha Eun-kyung, I think he asked this note, given to Acting Chief Minister Choi Sang-mok, in a way, whether it was solid evidence of the crime of civil war against martial law.
[Anchor]
So, did the emergency legislative body have an intention to occupy and neutralize the National Assembly, did you ask that, how do you think?
[Choi Jinyoung]
That's right. Since I'm a lawyer, I'll be more legal. As you know, rebellion is a target criminal. The purpose is the national constitution or the purpose of national participation. And the purpose of the National Constitution is to neutralize the function of a state agency for a considerable period of time. Therefore, isn't creating an emergency legislative body in addition to the existing National Assembly intended to neutralize the function of the National Assembly under the existing constitution for a considerable period of time? The legal profession, I believe that it was intended to ask whether the president of Yoon Suk Yeol recognized or denied it. And in this regard, the case of President Yoon Suk Yeol is vague, I don't remember well. On the other hand, in the case of former Minister Kim Yong-hyun, aren't you saying that you wrote it yourself? So in that regard, if the President of Yoon Suk Yeol had written this by me and the same intention, if I wrote it, why did he write it like that? But I think that's it because you said you don't remember well, but in the end, what you said earlier. I didn't write the reason for the warrant.Ma asked whether the crime of rebellion was established or not, and if the purpose of the national constitution was to be a critical component of the establishment of the rebellion, and President Yoon did not give a clear answer to it, so it was largely explained in light of other evidence. I think he poked his core question in making this judgment.
[Choi Jin]
I don't think Judge Choi Eun-kyung asked without knowing this at all. I think he asked one to induce President Yoon Suk Yeol to answer because he has his own thoughts. Wasn't that the note that asked then Vice President Choi Sang-mok to secure the budget for the emergency legislative body? Judge Cha Eun-kyung thinks that the crime of civil war, which is not just temporary martial law or warning martial law, but is very serious evidence of the crime of civil war, which is highly charged with securing the future budget. President Yoon Suk Yeol asked what he answered, but unexpectedly, he said he couldn't remember whether I gave that order or former Defense Minister Kim Yong-hyun did it at all, which is a very poor answer in a way. How and who did it can't be answered? He delivered the note himself.
[Anchor]
So, wouldn't the judgment regarding the controversy of the National Constitution actually be made at the Constitutional Court? Tomorrow is the 3rd debate day. We just broke the news.Ma is now said that President Yoon will attend in person. What do you think? What aspects should I claim by attending in person tomorrow?
[Choi Jinyoung]
Didn't you say that you would attend in person and make an active argument? In fact, in the early 2000s, there was impeachment of former President Roh Moo Hyun, and in 2016 and 2017, there was former President Park Geun Hye.The two presidents did not attend the Constitutional Court directly. But for the first time, in a way, everything is actually the first time since the establishment of the Korean government, and I think I will be the first incumbent president to attend the impeachment trial. In the end, in my opinion, don't you have your own handwritten manuscript written with a fountain pen of about 8,800 characters a few days ago? What I felt while watching it was that President Yoon actually told the people that he would go to the Constitutional Court and tell the Constitutional Court what he was going to say in advance. There are many contents.The first thing to say is that I had no choice but to declare martial law in this situation along with the safety of the people. In short, I wrote more than three or four pages in A4 paper about the situation that forced martial law. In fact, if you look at the contents, is it really a similar emergency in relation to wartime, speculation, and similar emergencies? In the end, in the case of war and events, in terms of hardware, there is a war and a disturbance in a way, but in the current situation, the so-called legislative manipulation, budget manipulation, and impeachment manipulation were forced to do this under their own judgment that the basic order of freedom and democracy in Korea was violated in software. Perhaps to that effect, the legitimacy of going to court and declaring such emergency martial law, which I did after I was impeached in early January, and that the due process in subsequent proceedings was violated. I think there is a high possibility that we will talk about this strongly and directly through fostering.
[Choi Jin]
If I tell you my version of lawyer Choi Jin-nyeong, isn't there a repertoire that Yoon Suk Yeol's president has repeated the same since martial law? Don't you think there are remarks that incite the anger of the people who have been forced to use the military to defend liberal democracy and have tried to protect the country from anti-state forces? a steely remark a remark far from public sentiment The Constitutional Court is likely to repeat this statement the same way. So even though it may be the first presidential record to attend the Constitutional Court, I think the public's anger index will be higher with the attendance. And haven't the people already seen soldiers and police armed and walking around in the middle of martial law for six hours? In fact, people cannot witness martial law because it is done at dawn in the world. That's why it's ambiguous whether he actually used a gun or not, but the whole nation has already watched for six hours, so if President Yoon Suk Yeol goes to the Constitutional Court and speaks, the people will probably laugh a lot. In that sense, I think the whole constitutional trial process is meaningless and counterproductive.
[Anchor]
Tomorrow is the third day of pleading, and President Yoon said he will attend in person. We can't watch it live, but since it's all recorded, I think we'll be able to see what comments came and went by tomorrow evening. This time, we will look at the rampage case of the Seoul Western District Court. Both the ruling and opposition parties condemned in one voice. However, there was a clear difference in position over the responsibility, so let's listen to the recording first.
[Kwon Young-se / Chairman of the People's Power Emergency Committee: In front of the Korean Confederation of Trade Unions, the police, who used to be an infinitely gentle sheep, are showing an infinitely strong and weak attitude toward citizens. It is said that he ordered that citizens who did not enter the court and were caught outside should never be released. If it were a protester of the Korean Confederation of Trade Unions, wouldn't it have been released earlier? Please pay special attention to words and actions so that our party does not hear that it incites or protects violence. ]
[Park Chan-dae / Minjoo Party floor leader: People's power is also responsible for the January 19 court riots. After the December 3 emergency martial law rebellion, the power of the people continued to deny the judgment of the judiciary and incited supporters by driving them illegally. ]
[Anchor]
A warrant was issued for President Yoon at dawn yesterday, and there was a violent rampage by protesters shortly after that. Those who woke up in the morning and watched the news must have been quite surprised by both incidents, but I think the rampage also happened in Korea.
[Choi Jinyoung]
That's right. I'm also a lawyer. That's why courts are the last bastion of problem-solving and the last possibility of the rule of law. That is why I must also strongly condemn this part, given that the bastion of the last rule of law has been invaded. I think we should take reasonable responsibility for that. Is the Western District Court working properly today in a group chat room with 1,000 or 2,000 legal professionals this morning? While doing it, I also actively observed all the contents that were chaotic. That's why we shouldn't have this reason. No matter what damage you have, it is the court that can be remedied for the final damage. Even if issuing an arrest warrant for President Yoon does not fit his political orientation, I can conclude that there is no way that he has invaded the court in such a way. However, the primary responsibility is that more than 100 people have entered the Western District Court, and 80 of them have been arrested and arrest warrants are underway.
[Anchor]
66 people have been arrested, what punishment is possible?
[Choi Jinyoung]
In reality, several people joined in on this part, so if you broke into a house at night using the power of a group or multiple people, I understand that the responsibility of this part is not a fine in my memory. In addition, isn't there a variety of public items inside? Because it was destroyed, I understand that even in the case of public property destruction, it is under 7 years in prison, so the court sentence is quite high. In fact, in the case of the power of the people, Kwon Young-se, chairman of the emergency committee, talked about the KCTU a while ago, but the KCTU did not push directly into the court. That is why it is difficult to criticize this issue in the same way as the pressure on the Korean Confederation of Trade Unions. However, even if that is fully considered, it is true that there are quite a few questions about why people were so excited in this regard that the Senior Civil Servant Corruption Investigations Unit and the court followed due process. Therefore, there is actually a lot of room for problems in the arrest warrant and execution process of the Senior Civil Servant Corruption Investigations Unit in the future. That's why I don't overdo it, and now that the Senior Civil Servant Corruption Investigations Unit has actually arrested President Yoon, it's better to follow due process and organize it as soon as possible and make controversy as possible, not the Western District Court, but the Central District Court. The Western District Court is right on the main road, and in the case of the back gate, as we saw this time, it is right on a narrow alley, so this ridiculous thing happens. On the other hand, in the case of the Central District Court, there is a distance of more than 100m from the main gate to the court, so such an incident can be physically prevented.
[Anchor]
Once the prosecution indicts it, won't it be done in the Central District Court?
[Choi Jinyoung]
It's not like that right now. In the case of the Senior Civil Servant Corruption Investigations Unit, they have now said they will prosecute it in the Western District Court. So in the future...
[Anchor]
Because the prosecution really has it.
[Choi Jinyoung]
That's right. Therefore, I would also like to say that even if it is done as a Western District Prosecutors' Office, prosecuting the prosecution with the Central District Prosecutors' Office is a way to prevent this from happening in advance.
[Anchor]
Director Choi.
[Choi Jin]
Even in advanced countries such as the United States, there are occasional attacks on the Capitol and police stations.Ma never penetrates the courts. Courts, in a way, are the judiciary and the last bastion of democracy, so no matter how angry a mob is, they don't attack courts or attack judges, globally. In that sense, this riot is a very serious situation that is unprecedented in the history of the world. Therefore, this violence is unacceptable for any reason, the location of the court, or the justification. Nevertheless, when I see Kwon Young-se, chairman of the emergency committee, and the leadership of the People's Power, it is really wrong to say things that are constantly compared to the KCTU, such as providing an excuse rather than an apology for violence.
[Anchor]
So I'm trying to point out that point now, but the rioters' rampage. It's quite wrong, and everyone is criticizing it, and there are talks about whether politicians encouraged it, as you just said. Rep. Yoon Sang-hyun said in front of his supporters the night before that he would be fired soon. And the root cause of this unfortunate situation should be examined, as did Rep. Na Kyung-won. I'm talking about the first story before that. In the case of former Supreme Council member Kim Jae-won, he compared it to a temple and heard the metaphor of the crusade of asphalt. Let's continue to hear what politicians have to say about these things.
[Choi Jin]
You said politicians, but I think the pro-Yoon-gye lawmakers of the National Power Party really don't understand the situation and public sentiment. Is this an asphalt crusader in a way? And President Yoon Suk Yeol will build his own temple at his Hannam-dong residence for the past 47 days. And Rep. Na Kyung-won is also saying that she issued an arrest warrant for the incumbent president only for 15 characters as if that 15 characters is a really big problem. People's Power Pro-Yoon lawmakers really think these parts are wrong. In particular, President Yoon Suk Yeol has done that a lot, hasn't he? Didn't you say you'd fight until the end and not give up and sleep right away? That's why the national power leadership, including President Yoon Suk Yeol, is not apologizing for the martial law incident, and didn't lawyer Choi Jin-nyeong clearly acknowledge the problem of rioting against the mob a little while ago? However, if you look at the national power leadership, there are not many parts that are clearly recognized. I think this part is really wrong because I rarely mention that part and only the part that provided an excuse keeps taking issue.
[Anchor]
Attorney Choi.
[Choi Jin-nyeong]
However, even in the case of lawmaker Kwon Young-se now, he is not appealing for leniency to those who went inside and caused a disturbance. As I said, I'm taking issue with the fact that I ordered the citizens who had not entered the court and were outside to never release them. As I said, I think there should be a clear judicial judgment on the key suspects. However, there are rumors that those who were together and were there by surprise have now been arrested, so as I said, if we do it that way, in some ways, if the KCTU uses force there, we should catch all the KCTU rallies. As I said, I never sympathize with the purpose of Kwon Young-se's remarks. Nevertheless, it is necessary to clarify the limits of the judicial policy not to release people who were next to them other than those who actively participated. In addition, I basically agree quite a bit with what Senator Na Kyung-won said. Because, we need to look at the root cause of the unfortunate situation. When it comes to any crime, President Yoon Suk Yeol should actually mobilize as many as 3,500 police officers to arrest him in a way. Isn't there a large part of the problem raised in this area? In that regard, in a way, isn't it a question of whether the president should go to an arrest case when he has to investigate the president from a non-restraint case?
[Anchor]
It is also very important where politicians focus when talking, but I think it should be emphasized continuously that violence should never occur anyway.
[Choi Jin]
If you go to the scene now, as I just told you, it looks like it has been bombed like a huge disturbance and war, so that the word "violence itself" is overshadowed. In this situation, you have to distinguish even the people who were in the same room as you, which means that this is too idle a statement. First of all, it is believed that the first thing for the person who actively participated in the riot to point out this problem and apologize. In the case of Representative Yoon Sang-hyun, isn't it the case that even people are saying to call the police station and give them a courtesy call? In that regard, it is inevitable to point out that the People's Power leadership is still not seeing the situation properly.
[Anchor]
I'll stop listening to it. This has been Choi Jin-nyeong, a lawyer, and Choi Jin, president of the Presidential Leadership Research Institute. Thank you both.
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■ Starring: lawyer Choi Jin-nyeong. Choi Jin, Director of the Presidential Leadership Research Institute,
* 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]
The Senior Civil Servant Corruption Investigations Unit attempted to force the president of Yoon Suk Yeol, which had refused to investigate one after another, but it failed in the end. Today, we will be joined by lawyer Choi Jin-nyeong and president of the Presidential Leadership Institute Choi Jin. Welcome, two of you. Breaking news keeps coming in. The Senior Civil Servant Corruption Investigations Unit launched an attempt to force President Yoon into custody, but I told him that the vehicle had escaped from the Seoul Detention Center a while ago, and then it was suspended in about six hours because it headed to the detention center at 3 p.m. It looks like you failed, right?
[Choi Jin-nyeong]
Aside from the failure, in principle, it is the current rules of investigation for human rights protection that do not allow night investigations if you do not agree. President Yoon Suk Yeol, as I said, refuses to investigate the night after clearing everything up at about 9 o'clock.
[Anchor]
What time is the night survey and late-night survey standard?
[Choi Jinyoung]
It's basically 9 o'clock. Of course, before that, we actually talk a lot about whether we actually agree or not since it passed at 6 o'clock. Usually, in the case of arrested defendants, the investigation must be completed before 6 o'clock and in fact before 5 o'clock in some ways so that the guards and the guards have to leave work, so usually, in the case of arrested defendants, they do not pass 5 o'clock when they are investigated by the prosecution or police. However, even if it is said to be over 5 o'clock, it does not exceed 9 o'clock, but from 9 o'clock, a late-night survey is conducted. In the case of late-night investigations, even if they agree, they are told not to do it as much as possible, but no matter how much the job is done at night, if they go and refuse to investigate after 9 o'clock, it becomes an ineffective job offer, and there is a risk that the Senior Civil Servant Corruption Investigations Unit and the prosecution have internally regulated human rights protection rules, and even though they do not agree, if they are forced to recruit after 9 o'clock and are investigated, it is a violation of due process and the statement itself cannot be used as evidence. In the end, I tried to force a recruitment from the afternoon, but in reality, it's difficult. If it's not a detention center, for example, it's likely that the presidential security office wouldn't even be able to cover himself with the president. However, in this case, the Ministry of Justice virtually refused to protect the inside of the detention center, so I predict that in a case where the president has gone all the way to the room alone, but in a way, it would have been quite a burden for the Senior Civil Servant Corruption Investigations Unit to actually use force to drag him along with contact.
[Anchor]
Then I'd like to ask you a question because I'm curious. When the Senior Civil Servant Corruption Investigations Unit went to the forced recruitment, was the lawyer with you at that time?
[Choi Jinyoung]
It's supposed to be there. Originally, in the case of seizure and search, in a way, if an adult is the original target of seizure and search, family members or other people should be on the site, or if an attorney asks them to wait until they come to the site, they wait for an attorney to come to the site. However, I think it is right for a lawyer to come to the office in connection with the execution of a warrant for the president, and I do so in principle. Therefore, of course, in some cases, it is executed because there is a warrant anyway, but if so, I think that would have been difficult for the Senior Civil Servant Corruption Investigations Unit because the legal process of whether the arrest is legitimate can be questioned again.
[Anchor]
As the lawyer said a little while ago, the Senior Civil Servant Corruption Investigations Unit said that it had suspended the recruitment of President Yoon in accordance with human rights protection regulations, and that it would proceed with criminal proceedings including reinforcement. How did you like it?
[Choi Jin]
That's right. But I don't think execution will be easy. Because President Yoon Suk Yeol does not seem to recognize the existence of the Senior Civil Servant Corruption Investigations Unit. Didn't you refuse to comply with any arrest and arrest warrants afterwards, such as having no investigative power? Therefore, it seems that the Senior Civil Servant Corruption Investigations Unit has established a basic principle of refusing and refusing to comply with all actions. And today's forced recruitment itself has a side that President Yoon himself brought on by himself in a way of nightly investigations. The prosecutor and six investigators kept trying to buy the investigation from 3 p.m. at the Seoul Detention Center. So, until 3 p.m., 4 p.m., and the evening. Didn't you try to investigate or find a job even at night because you didn't comply with it at all? So I predict that maybe after tomorrow, we will continue to go to such a strategy as to refuse and oppose any judicial proceedings by the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
Our reporters didn't know anything about it for more than six hours because investigators from the Senior Civil Servant Corruption Investigations Unit couldn't bring their phones in, what happens inside. In any case, we couldn't find a compulsory recruitment. So there was a possibility that a visit survey was underway.Ma eventually refused to take the form of a visit investigation, and as a result, he refused. That's because it stubbornly rejects the investigation itself by the Senior Civil Servant Corruption Investigations Unit.
[Choi Jin]
That's right. It has been like that so far, and that's why I'm against it now, but I have no choice but to go in a thoroughly uncooperative direction on everything about the airborne organization. Moreover, isn't it a unique location called Seoul Detention Center? So it's practically physically impossible without the correctional authorities' cooperation, so to speak. But isn't it the Ministry of Justice that directs the correctional authorities? Therefore, the investigation is determined by the relationship between the Minister of Justice and the acting President Choi Sang-mok, so I think it will not be easy to find a second job in a special area called prison unless acting Choi Sang-mok cooperates.
[Anchor]
How do you see the lawyer? If the second investigation is attempted, will it respond or not?
[Choi Jinyoung]
Realistically, the possibility of responding is almost zero. As Professor Choi said, in the case of President Yoon Suk Yeol, the investigation itself is inappropriate because the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the civil war. However, in a way, it is premised on the premise of executing the arrest warrant last time, but even then, at around 7 a.m., in order to prevent such bloodshed that citizens can be injured and in some cases, young bodyguards at the security service can be injured, hasn't it come to this logic so far? Therefore, even if an arrest warrant is issued now, President Yoon's position still seems to have not changed an inch. And why, as you know, arrest and arrest? Isolation of the suspect itself from society is important, but more importantly, it is to receive a statement, but despite refusing to make the statement itself, it is constantly forced to recruit him? It's nothing more than an insult to President Yoon that Yoon Suk Yeol, in a way, will continue to hold out like that, or show off to the public the Senior Civil Servant Corruption Investigations Unit that they could arrest and forcibly detain. After all, in this case, what did you say in the case of President Yoon from the beginning? Get an arrest warrant or indict immediately. Then I said that I would go to the court and actively respond, didn't I? In the end, if it is obvious that you will refuse to make a statement even if you do the inch as it is, the role of the Senior Civil Servant Corruption Investigations Unit will end up until now.
[Anchor]
We've been silent so far. When should we plead for ourselves?
[Choi Jin-nyeong]
In the end, there is a possibility that you will consult with your lawyer about that. In this regard, he completely denied the prosecution's investigation when looking at the bribery case of former Prime Minister Han Myung-sook or the corruption of former lawmaker Cho Kuk's children's entrance examination. At the same time, he said he would go to the court and actively respond, but in the case of former Prime Minister Han Myung-sook, even after going to the court, the prosecution asked questions during the defendant's interrogation, so she refused any statements made by the prosecution in court. In 2010, the chief judge of the first trial was Kim Hyung-doo, who is now in the Constitutional Court, and the prosecution completely refused to make a statement in the defendant's interrogation even in the court where Kim Hyung-doo was. In the end, there is a possibility that whether exercising one's defense rights granted to the current constitution will end up as a Senior Civil Servant Corruption Investigations Unit, or actively make statements to the prosecution after consultation with lawyers, or, as I mentioned earlier, refuse to make any statements to investigative agencies like former Prime Minister Han Myung-sook and former Minister Cho Kuk, and go to court to argue if they are indicted.
[Anchor]
I'll organize it a little first and ask you a question. First of all, President Yoon claims that the Senior Civil Servant Corruption Investigations Unit is investigating the president and has no right to investigate him. The prosecution has the right to indict. So, the arrest period is up to 20 days, and I will divide it into half and half, 10 days, and use it with the prosecution. Since it has been discussed like that, I wonder if the prosecution will respond to the investigation.
[Choi Jin]
I don't know that either. If a friendly prosecutor who suits you conducts an investigation, you may respond, or if the prosecutor does not suit you, there is a possibility that you will reject it again. So it's hard to know whether President Yoon Suk Yeol complies with or rejects legal procedures. It's impossible to predict everything because it responds spontaneously.
[Anchor]
In fact, the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate the president. The police have the right to investigate the president. Lawyer, please organize what you're saying now.
[Choi Jinyoung] It's
. What the anchor pointed out is legally correct. As you know, during the last Moon Jae In administration, he effectively deprived the prosecution of its right to investigate, and the crime of rebellion was now given to the National Investigation Headquarters. So, after the emergency decree on December 3, the Democratic Party of Korea tried to sue this part for rebellion, so I went to the prosecution and said, "We have no right to investigate the crime of rebellion." In addition, when I went to the Senior Civil Servant Corruption, bribery, and other things, the Senior Civil Servant Corruption Investigations Unit said at first that it had no right to investigate the crime of rebellion. But in that situation, the National Police Agency asked if the police chief also cooperated with the case in the process, and in the case of the Democratic Party, hand over the case to the Senior Civil Servant Corruption Investigations Unit. What happens to this situation after all. Even if the Senior Civil Servant Corruption Investigations Unit investigates hard and takes it with them, will the prosecution be able to conduct a supplementary investigation into the Senior Civil Servant Corruption Investigations Unit? In reality, the prosecution does not have the right to investigate, so if there is a problem with the matter, it is very likely that they will send it back to the police to investigate the case.
[Anchor]
Anyway, President Yoon keeps saying that he has nothing more to say to the Senior Civil Servant Corruption Investigations Unit because the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate him, so I asked him a question in that sense. Please keep talking, director.
[Choi Jin]
I replied to the fact that whether the prosecution, the Senior Civil Servant Corruption Investigations Unit, or the police respond to it or not, the cooperative and uncooperative attitude is judged on a regular basis. For example, if you always raise questions about the Senior Civil Servant Corruption Investigations Unit, are you saying that all legal proceedings that have been going on in Korea for more than 10 days or two weeks have been illegal and all have been illegal? The Senior Civil Servant Corruption Investigations Unit already went through legal procedures, issued a presidential arrest warrant, received it, and was arrested because of an arrest warrant, right? So you're saying it's illegal until now? That's why despite the controversy over the investigation rights of the Senior Civil Servant Corruption Investigations Unit, it's controversial Despite the controversy, I believe that I have already secured legal legitimacy because I have already completed a large part of the legal process. That's why President Yoon Suk Yeol refused to conduct a written investigation to show that if he continues to challenge the Senior Civil Servant Corruption Investigations Unit that he has no right to investigate, he has at least a written investigation to show that he has his will to comply with the law. So, I'm sure that the Constitutional Court, not the Senior Civil Servant Corruption Investigations Unit, was absent during the first hearing of the Constitutional Court, right? The Constitutional Court, the prosecution, the police, or all the special prosecutors after that, if they do it, they will respond if they are in favor of them in any process, and they will not respond if they are in disadvantage.
[Choi Jin-nyeong]
I think I need to talk about this from a legal point of view. If the prosecution takes over the case from the Senior Civil Servant Corruption Investigations Unit, it seems that there will be three options. The first is to call in President Yoon to conduct a supplementary investigation and then prosecute him on the premise that the investigation by the Senior Civil Servant Corruption Investigations Unit is legitimate. In the second case, the prosecution finally looked at what authority the Senior Civil Servant Corruption Investigations Unit has here, and the Senior Civil Servant Corruption Investigations Unit has no authority. In doing so, the method of requesting a supplementary investigation by sending the case back to the National Investigation Headquarters, or the police, who have the right to investigate according to the prosecution's completion. Lastly, it's neither me nor me, but since the Senior Civil Servant Corruption Investigations Unit investigated and sent it, how to prosecute the central district court or something according to the content. There are going to be these three. However, no one can predict which of these three will be done yet. In the end, there are media reports that the media also asked the prosecution to send it as soon as possible when they saw it today. In the end, when you see the intention of the prosecution to send it quickly and the intention of sending it quickly, it is read as the intention that the prosecution will actively conduct a supplementary investigation. Because anyway, the arrest period is only 20 days, so if you send it as soon as possible, wouldn't the prosecution be able to investigate as long as possible? In that sense, given the context of the current prosecution leadership, there is a possibility that the prosecution will directly summon and investigate President Yoon, but the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate after sending it so quickly. If so, conducting a supplementary investigation is actually an object that can request a supplementary investigation, in short, the possibility of sending it to the police's national capital remains.
[Choi Jin]
I want to make it clear that the Senior Civil Servant Corruption Investigations Unit is divided according to the camp's logic. Conservative legal professionals have consistently argued so far that they do not have the right to investigate, but legal professionals in the progressive camp say they can investigate and investigate crimes of rebellion from abuse of authority to related crimes. Although there is only the right to investigate each other's conflicting claims and controversy may continue, it is absolutely impossible to conclude that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate, and conversely, the Senior Civil Servant Corruption Investigations Unit can investigate the crime of rebellion, so the legal process has come so far and I think it will continue in the future.
[Anchor]
So, since the two sides have different arguments on whether the Senior Civil Servant Corruption Investigations Unit has the right to investigate or not, and President Yoon is refusing to comply with it because he has no right to investigate, the prosecution will send it to the police as the lawyer said, and if a reinvestigation is needed. So, all the main suspects are now under arrest, so if all the requirements for prosecution are met, I think they can be prosecuted, and if you two listen to them now. If it needs to be investigated further, how do you see the possibility of sending it back to the police for an investigation?
[Choi Jin]
I don't think this is easy. Because there is a subtle relationship between the prosecution and the police, there is not much possibility of sending it back because there is a subtle relationship between the prosecution and the police. However, it is justifiable that a cooperative system should be implemented because we are investigating the national rebellion now. For example, the Senior Civil Servant Corruption Investigations Unit, the prosecution, and the police are not competing for credit on this part, but working together to compensate for each other's legal deficiencies is a way to end this case quickly. Therefore, I think it is necessary to closely consult between the prosecution and the police and also to cooperate closely with the Senior Civil Servant Corruption Investigations Unit.
[Anchor]
I see. An arrest warrant was issued yesterday. Let's take a look at the situation. At this time, Judge Choi Eun-kyung said the reason for the issuance like this. There is a fear that the suspect will destroy the evidence. There were only 15 letters of reason. Is it correct that the court, so the judge, thinks the crime has been cleared? There are quite a few people who judge it that way.
[Choi Jinyoung]
That's right. In the end, the arrest warrant was issued, so there is no explanation for the crime, but it is correct to assume that the warrant was issued on the premise of it. If so, I think a more responsible decision was needed. As you know, the arrest warrant must exceed three levels of hurdle.
Whether the first step is to clarify the fact of the crime and the fact of the crime stated in the warrant. On that premise, then three things. On the premise of that, we look at the three reasons for the destruction of evidence, the fear of escape, or the denial of housing, and even if there are three reasons for arrest at that time, whether we should arrest them in some way, and the necessity of arrest. In the end, the need to retreat and restrain the presumption of innocence, most of these three steps go through three stages of examination. But in the end, it starts in the afternoon and lasts more than 12 hours. The fact that I answered in 15 letters afterwards means that I actually felt very burdened by social criticism in a way. As you know, if it is not logically explained, there is a lack of explanation for the fact of the crime itself or there is room for dispute over the fact of the crime, so the warrant is dismissed without further examination. In that regard, the crime of rebellion is very controversial even among lawyers. That's why, in the absence of a clear judgment on him, he is virtually arrested as an incumbent president, all of whom have been impeached or most of whom have been arrested, and most of them have already been raided and searched by prosecutors, the Senior Civil Servant Corruption Investigations Unit and, in a way, the police have done so several times. Nevertheless, isn't there considerable criticism about whether it is justified to arrest him on the grounds of fear of destroying evidence? That's why if the background of the riot at the Western District Prosecutors' Office, which is really unimaginable, was explained by the court that the people could persuade, such a ridiculous result was unlikely to happen.
[Choi Jin]
Isn't there a controversy over the fact that 15 letters saying there is no destruction of evidence is too short? But in fact, it was 35 letters during the former president Park Geun Hye. I don't think there's much difference between 15 or 35 letters. Maybe Cha Eun-kyung, the judge in charge of warrants, thought so. In a way, he seems to have a strong conviction of guilt in his own way, saying, "Isn't he a conviction?" For example, considering that he has refused to comply with the Senior Civil Servant Corruption Investigations Unit or investigation, he has recently changed his cell phone and deleted Telegram, and is uncooperative to the investigation, I think he is very likely to destroy evidence even if he is not detained, and that he has been specified in 15 letters to give a very simple and strong feeling.
[Anchor]
Yesterday, Judge Cha Eun-kyung said that President Yoon attended in person. The only question I asked was what the emergency legislative body was. What's the meaning of this?
[Choi Jin]
There are a lot of other questions, but don't you have to ask just one question? Maybe Judge Cha Eun-kyung is like that. Before that, I believe that various possibilities of live ammunition, suspicions, and controversies related to martial law have already been notified to the public. But after that.
[Anchor]
Where did the emergency legislative body come from? Wasn't there a note that President Yoon gave to Deputy Prime Minister for Economy Choi Sang-mok right after the martial law declaration? The term "emergency legislative body" is included in it, and the National Assembly-related funds will be completely cut off. Then draw up a budget related to the National Emergency Legislative Organization. These things were written in the note. So what is an emergency legislative body. I think that's why I asked that question here.
[Choi Jin]
So, in the media, wasn't there a controversy over the National Security Committee during Chun Doo-hwan's time? So, perhaps from the perspective of Judge Cha Eun-kyung, I think he asked this note, given to Acting Chief Minister Choi Sang-mok, in a way, whether it was solid evidence of the crime of civil war against martial law.
[Anchor]
So, did the emergency legislative body have an intention to occupy and neutralize the National Assembly, did you ask that, how do you think?
[Choi Jinyoung]
That's right. Since I'm a lawyer, I'll be more legal. As you know, rebellion is a target criminal. The purpose is the national constitution or the purpose of national participation. And the purpose of the National Constitution is to neutralize the function of a state agency for a considerable period of time. Therefore, isn't creating an emergency legislative body in addition to the existing National Assembly intended to neutralize the function of the National Assembly under the existing constitution for a considerable period of time? The legal profession, I believe that it was intended to ask whether the president of Yoon Suk Yeol recognized or denied it. And in this regard, the case of President Yoon Suk Yeol is vague, I don't remember well. On the other hand, in the case of former Minister Kim Yong-hyun, aren't you saying that you wrote it yourself? So in that regard, if the President of Yoon Suk Yeol had written this by me and the same intention, if I wrote it, why did he write it like that? But I think that's it because you said you don't remember well, but in the end, what you said earlier. I didn't write the reason for the warrant.Ma asked whether the crime of rebellion was established or not, and if the purpose of the national constitution was to be a critical component of the establishment of the rebellion, and President Yoon did not give a clear answer to it, so it was largely explained in light of other evidence. I think he poked his core question in making this judgment.
[Choi Jin]
I don't think Judge Choi Eun-kyung asked without knowing this at all. I think he asked one to induce President Yoon Suk Yeol to answer because he has his own thoughts. Wasn't that the note that asked then Vice President Choi Sang-mok to secure the budget for the emergency legislative body? Judge Cha Eun-kyung thinks that the crime of civil war, which is not just temporary martial law or warning martial law, but is very serious evidence of the crime of civil war, which is highly charged with securing the future budget. President Yoon Suk Yeol asked what he answered, but unexpectedly, he said he couldn't remember whether I gave that order or former Defense Minister Kim Yong-hyun did it at all, which is a very poor answer in a way. How and who did it can't be answered? He delivered the note himself.
[Anchor]
So, wouldn't the judgment regarding the controversy of the National Constitution actually be made at the Constitutional Court? Tomorrow is the 3rd debate day. We just broke the news.Ma is now said that President Yoon will attend in person. What do you think? What aspects should I claim by attending in person tomorrow?
[Choi Jinyoung]
Didn't you say that you would attend in person and make an active argument? In fact, in the early 2000s, there was impeachment of former President Roh Moo Hyun, and in 2016 and 2017, there was former President Park Geun Hye.The two presidents did not attend the Constitutional Court directly. But for the first time, in a way, everything is actually the first time since the establishment of the Korean government, and I think I will be the first incumbent president to attend the impeachment trial. In the end, in my opinion, don't you have your own handwritten manuscript written with a fountain pen of about 8,800 characters a few days ago? What I felt while watching it was that President Yoon actually told the people that he would go to the Constitutional Court and tell the Constitutional Court what he was going to say in advance. There are many contents.The first thing to say is that I had no choice but to declare martial law in this situation along with the safety of the people. In short, I wrote more than three or four pages in A4 paper about the situation that forced martial law. In fact, if you look at the contents, is it really a similar emergency in relation to wartime, speculation, and similar emergencies? In the end, in the case of war and events, in terms of hardware, there is a war and a disturbance in a way, but in the current situation, the so-called legislative manipulation, budget manipulation, and impeachment manipulation were forced to do this under their own judgment that the basic order of freedom and democracy in Korea was violated in software. Perhaps to that effect, the legitimacy of going to court and declaring such emergency martial law, which I did after I was impeached in early January, and that the due process in subsequent proceedings was violated. I think there is a high possibility that we will talk about this strongly and directly through fostering.
[Choi Jin]
If I tell you my version of lawyer Choi Jin-nyeong, isn't there a repertoire that Yoon Suk Yeol's president has repeated the same since martial law? Don't you think there are remarks that incite the anger of the people who have been forced to use the military to defend liberal democracy and have tried to protect the country from anti-state forces? a steely remark a remark far from public sentiment The Constitutional Court is likely to repeat this statement the same way. So even though it may be the first presidential record to attend the Constitutional Court, I think the public's anger index will be higher with the attendance. And haven't the people already seen soldiers and police armed and walking around in the middle of martial law for six hours? In fact, people cannot witness martial law because it is done at dawn in the world. That's why it's ambiguous whether he actually used a gun or not, but the whole nation has already watched for six hours, so if President Yoon Suk Yeol goes to the Constitutional Court and speaks, the people will probably laugh a lot. In that sense, I think the whole constitutional trial process is meaningless and counterproductive.
[Anchor]
Tomorrow is the third day of pleading, and President Yoon said he will attend in person. We can't watch it live, but since it's all recorded, I think we'll be able to see what comments came and went by tomorrow evening. This time, we will look at the rampage case of the Seoul Western District Court. Both the ruling and opposition parties condemned in one voice. However, there was a clear difference in position over the responsibility, so let's listen to the recording first.
[Kwon Young-se / Chairman of the People's Power Emergency Committee: In front of the Korean Confederation of Trade Unions, the police, who used to be an infinitely gentle sheep, are showing an infinitely strong and weak attitude toward citizens. It is said that he ordered that citizens who did not enter the court and were caught outside should never be released. If it were a protester of the Korean Confederation of Trade Unions, wouldn't it have been released earlier? Please pay special attention to words and actions so that our party does not hear that it incites or protects violence. ]
[Park Chan-dae / Minjoo Party floor leader: People's power is also responsible for the January 19 court riots. After the December 3 emergency martial law rebellion, the power of the people continued to deny the judgment of the judiciary and incited supporters by driving them illegally. ]
[Anchor]
A warrant was issued for President Yoon at dawn yesterday, and there was a violent rampage by protesters shortly after that. Those who woke up in the morning and watched the news must have been quite surprised by both incidents, but I think the rampage also happened in Korea.
[Choi Jinyoung]
That's right. I'm also a lawyer. That's why courts are the last bastion of problem-solving and the last possibility of the rule of law. That is why I must also strongly condemn this part, given that the bastion of the last rule of law has been invaded. I think we should take reasonable responsibility for that. Is the Western District Court working properly today in a group chat room with 1,000 or 2,000 legal professionals this morning? While doing it, I also actively observed all the contents that were chaotic. That's why we shouldn't have this reason. No matter what damage you have, it is the court that can be remedied for the final damage. Even if issuing an arrest warrant for President Yoon does not fit his political orientation, I can conclude that there is no way that he has invaded the court in such a way. However, the primary responsibility is that more than 100 people have entered the Western District Court, and 80 of them have been arrested and arrest warrants are underway.
[Anchor]
66 people have been arrested, what punishment is possible?
[Choi Jinyoung]
In reality, several people joined in on this part, so if you broke into a house at night using the power of a group or multiple people, I understand that the responsibility of this part is not a fine in my memory. In addition, isn't there a variety of public items inside? Because it was destroyed, I understand that even in the case of public property destruction, it is under 7 years in prison, so the court sentence is quite high. In fact, in the case of the power of the people, Kwon Young-se, chairman of the emergency committee, talked about the KCTU a while ago, but the KCTU did not push directly into the court. That is why it is difficult to criticize this issue in the same way as the pressure on the Korean Confederation of Trade Unions. However, even if that is fully considered, it is true that there are quite a few questions about why people were so excited in this regard that the Senior Civil Servant Corruption Investigations Unit and the court followed due process. Therefore, there is actually a lot of room for problems in the arrest warrant and execution process of the Senior Civil Servant Corruption Investigations Unit in the future. That's why I don't overdo it, and now that the Senior Civil Servant Corruption Investigations Unit has actually arrested President Yoon, it's better to follow due process and organize it as soon as possible and make controversy as possible, not the Western District Court, but the Central District Court. The Western District Court is right on the main road, and in the case of the back gate, as we saw this time, it is right on a narrow alley, so this ridiculous thing happens. On the other hand, in the case of the Central District Court, there is a distance of more than 100m from the main gate to the court, so such an incident can be physically prevented.
[Anchor]
Once the prosecution indicts it, won't it be done in the Central District Court?
[Choi Jinyoung]
It's not like that right now. In the case of the Senior Civil Servant Corruption Investigations Unit, they have now said they will prosecute it in the Western District Court. So in the future...
[Anchor]
Because the prosecution really has it.
[Choi Jinyoung]
That's right. Therefore, I would also like to say that even if it is done as a Western District Prosecutors' Office, prosecuting the prosecution with the Central District Prosecutors' Office is a way to prevent this from happening in advance.
[Anchor]
Director Choi.
[Choi Jin]
Even in advanced countries such as the United States, there are occasional attacks on the Capitol and police stations.Ma never penetrates the courts. Courts, in a way, are the judiciary and the last bastion of democracy, so no matter how angry a mob is, they don't attack courts or attack judges, globally. In that sense, this riot is a very serious situation that is unprecedented in the history of the world. Therefore, this violence is unacceptable for any reason, the location of the court, or the justification. Nevertheless, when I see Kwon Young-se, chairman of the emergency committee, and the leadership of the People's Power, it is really wrong to say things that are constantly compared to the KCTU, such as providing an excuse rather than an apology for violence.
[Anchor]
So I'm trying to point out that point now, but the rioters' rampage. It's quite wrong, and everyone is criticizing it, and there are talks about whether politicians encouraged it, as you just said. Rep. Yoon Sang-hyun said in front of his supporters the night before that he would be fired soon. And the root cause of this unfortunate situation should be examined, as did Rep. Na Kyung-won. I'm talking about the first story before that. In the case of former Supreme Council member Kim Jae-won, he compared it to a temple and heard the metaphor of the crusade of asphalt. Let's continue to hear what politicians have to say about these things.
[Choi Jin]
You said politicians, but I think the pro-Yoon-gye lawmakers of the National Power Party really don't understand the situation and public sentiment. Is this an asphalt crusader in a way? And President Yoon Suk Yeol will build his own temple at his Hannam-dong residence for the past 47 days. And Rep. Na Kyung-won is also saying that she issued an arrest warrant for the incumbent president only for 15 characters as if that 15 characters is a really big problem. People's Power Pro-Yoon lawmakers really think these parts are wrong. In particular, President Yoon Suk Yeol has done that a lot, hasn't he? Didn't you say you'd fight until the end and not give up and sleep right away? That's why the national power leadership, including President Yoon Suk Yeol, is not apologizing for the martial law incident, and didn't lawyer Choi Jin-nyeong clearly acknowledge the problem of rioting against the mob a little while ago? However, if you look at the national power leadership, there are not many parts that are clearly recognized. I think this part is really wrong because I rarely mention that part and only the part that provided an excuse keeps taking issue.
[Anchor]
Attorney Choi.
[Choi Jin-nyeong]
However, even in the case of lawmaker Kwon Young-se now, he is not appealing for leniency to those who went inside and caused a disturbance. As I said, I'm taking issue with the fact that I ordered the citizens who had not entered the court and were outside to never release them. As I said, I think there should be a clear judicial judgment on the key suspects. However, there are rumors that those who were together and were there by surprise have now been arrested, so as I said, if we do it that way, in some ways, if the KCTU uses force there, we should catch all the KCTU rallies. As I said, I never sympathize with the purpose of Kwon Young-se's remarks. Nevertheless, it is necessary to clarify the limits of the judicial policy not to release people who were next to them other than those who actively participated. In addition, I basically agree quite a bit with what Senator Na Kyung-won said. Because, we need to look at the root cause of the unfortunate situation. When it comes to any crime, President Yoon Suk Yeol should actually mobilize as many as 3,500 police officers to arrest him in a way. Isn't there a large part of the problem raised in this area? In that regard, in a way, isn't it a question of whether the president should go to an arrest case when he has to investigate the president from a non-restraint case?
[Anchor]
It is also very important where politicians focus when talking, but I think it should be emphasized continuously that violence should never occur anyway.
[Choi Jin]
If you go to the scene now, as I just told you, it looks like it has been bombed like a huge disturbance and war, so that the word "violence itself" is overshadowed. In this situation, you have to distinguish even the people who were in the same room as you, which means that this is too idle a statement. First of all, it is believed that the first thing for the person who actively participated in the riot to point out this problem and apologize. In the case of Representative Yoon Sang-hyun, isn't it the case that even people are saying to call the police station and give them a courtesy call? In that regard, it is inevitable to point out that the People's Power leadership is still not seeing the situation properly.
[Anchor]
I'll stop listening to it. This has been Choi Jin-nyeong, a lawyer, and Choi Jin, president of the Presidential Leadership Research Institute. Thank you both.
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