[News UP] Yoon's additional investigation, "Another bluffing" Senior Civil Servant Corruption Investigations Unit...What are the remaining options?

■ Host: Anchor Cho Jin-hyuk
■ Starring: Attorney Kim Kwang-sam

* 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 failed to conduct further investigation into President Yoon yesterday.

We have lawyer Kim Kwang-sam here. President Yoon

said he went to the hospital yesterday because he couldn't postpone the treatment recommended by his doctor.

[Kim Kwang Sam]
Apart from the right, you can get medical treatment from the hospital, and you basically apply to prison. Then the medical officer will judge this. So, after hearing the doctor's opinion, the head of the detention center determines whether there is a need for treatment outside the prison, and if there is a need for treatment outside the prison, he can receive treatment outside. Since they said they recommended treatment for a month, the schedule for treatment itself has not already been set, so there is a high possibility that they really needed to get treatment. The detention center's medical officer decided that he needed to get treatment for this, so the head of the detention center gave permission and so he went to get treatment yesterday.

[Anchor]
However, it is a matter that requires permission from the head of the detention center, but there are criticisms that the Senior Civil Servant Corruption Investigations Unit did not know this and did not even understand the movement.

[Kim Kwang Sam]
I'm sure the Senior Civil Servant Corruption Investigations Unit has never gone to the detention center to investigate. Then the same goes for the lawyer. If you interview the detention center or go to the detention center to investigate, you have to communicate with the detention center first. So, if yesterday, the Constitutional Court had to check whether the president would come directly into the detention center after attending, but of course, he would come into the detention center. It can be seen as lacking experience and lack of professionalism. Furthermore, you're investigating the president. Then, we have to plan thoroughly on the time of the investigation, the method of the investigation, and how to investigate it, but if we go to the detention center, we will be able to meet the president, and if we meet the president, we will be forced to bring him and conduct an investigation. This is the recommendation of the Airborne Division and the authority of the Airborne Division. That's what I thought. If you're an ordinary person, that's not the case. However, in the case of ordinary people, they have been tried, but if they have physical problems, and if they need to be treated at an external hospital, they may go to an external hospital after going to the court. I think that the public agency, the Senior Civil Servant Corruption Investigations Unit, should have confirmed such a thing, but there is an inexperience in not doing this.

[Anchor]
You evaluated that the lack of experience was revealed in many ways. So, attention is being paid to how the Senior Civil Servant Corruption Investigations Unit will move in the future. Oh Dong-woon, the head of the Airborne Division, will also speak about this shortly. What are the options left for the Senior Civil Servant Corruption Investigations Unit?

[Kim Kwang Sam]
Whether to continue to try and force recruitment or give up. Or a prison investigation, so don't you mean that the position of the Senior Civil Servant Corruption Investigations Unit will be brought to the Senior Civil Servant Corruption Investigations Unit unconditionally to investigate? But it'll be hard to force a conviction. Because the first one has a legal problem. There is no legal regulation itself. There is only one Supreme Court precedent in 2013, and there is a Supreme Court precedent that if an arrest warrant is issued, the arrest warrant can be forcibly arrested and investigated. However, it is unclear whether it is possible to seek compulsory arrest with just this Supreme Court precedent. The most important thing is the second issue of effectiveness. I mean, he forced the president to do this.

But forced recruitment is actually not easy. However, even if five or six people went and forcibly arrested them and brought them to an investigation room in Gwacheon, the president continues to exercise his right to remain silent. Since they say they will not respond to the investigation by the Senior Civil Servant Corruption Investigations Unit, what kind of investigation can they do even if they are brought in by such a compulsory arrest? Can this kind of investigation really affect the guilt or innocence of the president without unilaterally asking and answering the suspect's interrogation report and questionnaire already prepared by the Senior Civil Servant Corruption Investigations Unit? I don't think so. Then, I think it's right to hand it over to the prosecution at this level, and it's right to transfer it. Then, if you don't have to do an old investigation, there will be a way to visit and conduct a prison investigation. And former President Park Geun Hye also conducted a prison investigation. Even if you conduct a prison investigation, this also has a problem with its effectiveness. The president won't respond. Then there's no way.

[Anchor]
If so, the first arrest period will end on the 28th, and it will have to be transferred to the prosecution around the 28th. Do you think it's right to transfer to the prosecution as soon as possible?

[Kim Kwang Sam]
If you can't afford to investigate anymore and there's no possibility, it's better to move on quickly. Even if you don't hand it over quickly, there will be cases where you will have to conduct a reinforced investigation if you try to maintain public prosecution and convict the president other than the investigation of the president. So if you say you need such a part, why don't you focus on the reinforcement investigation? So, I think this is the best way to conduct a reinforcement investigation and then transfer it to the prosecution.

[Anchor]
If so, the prosecution does not have the right to investigate the crime of rebellion, but what do you think about the prospect of responding to the investigation here?

[Kim Kwang Sam]
I don't think it's going to be easy to predict right now. The prosecution is different from the Senior Civil Servant Corruption Investigations Unit, and the president has an antipathy to the Senior Civil Servant Corruption Investigations Unit. Furthermore, since the prosecution claims that it does not have the right to investigate and that the arrest warrant is illegal, will it go out during the prosecution's investigation? I think there is a high possibility that this will not respond. Because an arrest warrant and an arrest warrant were issued by the Senior Civil Servant Corruption Investigations Unit. Then, the prosecution can investigate itself, but since this is an extension of the investigation of the Senior Civil Servant Corruption Investigations Unit, even if you go out to the prosecution and talk about it, it is highly likely to judge how advantageous it will be for you. However, since the Senior Civil Servant Corruption Investigations Unit and the prosecution are different, isn't your home the prosecution? There is a possibility of participating, but the reason why I think there is a high probability of not responding to the prosecution's investigation is that the impeachment trial is now held twice a week on Tuesdays and Thursdays.

Then the president will think that impeachment is even more important. And when you go to the impeachment trial, your message is recorded and then delivered to the outside world. However, if you are investigated by the prosecution, you are investigating in a closed room. That's why what you claimed can't be conveyed to the outside. If you think about this part, you will not respond to the investigation and eventually go to the court to argue in the trial, which can be predicted. Also, isn't it an open court? Then there are audience members. Then, since there is a high possibility that the content they claim will be spread to the outside world, it is highly likely that they will not be present during the investigation process, I believe so.

[Anchor]
Then, what message did he decide was the way to get to the Constitutional Court in order to rally his supporters?

[Kim Kwang Sam]
I think I was present with the possibility of doing so. As I said earlier, investigations are secretive and take place in a closed room, so they don't go outside about what they said. However, when you attend the impeachment trial of the Constitutional Court, isn't everything you say 100% outside yesterday? Then this itself has two meanings. One is the justification for the emergency martial law. And that it is not a violation of the Constitution and the law. The president is confident in the possibility of expressing this and persuading the people. You can see it for the first time. The second is the possibility of maintaining support for the people who support the president and drawing something public opinion. There is a strategic intention with these things in mind, I see it that way.

[Anchor]
And the issue seems to be that the president and former Minister Kim Yong-hyun are now divided over the decree, which contains the ban on political activities. Tomorrow, former Minister Kim Yong-hyun will appear at the Constitutional Court as the first witness in the impeachment trial, do you think this part will come out?

[Kim Kwang Sam]
Tomorrow, the facts will be sorted out to some extent. So, the part related to decree No. 1 is a very important part of the crime of rebellion or the reason for impeachment. Because if you look at the decree No. 1, there is a content that prohibits political activities of the National Assembly. This in itself is an attempt to neutralize the National Assembly through martial law forces. Then, it must be considered that the purpose of the national constitution was. Then who wrote about Pogoryeong No. 1? I think what Minister Kim Yong-hyun wrote is right. But the president said he didn't know about it.

[Anchor]
Oh Dong-woon, the head of the crime investigation department of high-ranking public officials, is on his way to work. Let's go to the scene.

[Dongwoon Oh / Director of Criminal Investigation]
The situation in the building was so bad that I made you suffer outside the fence, so I was very upset. Let's start



On January 19, the Senior Civil Servant Corruption Investigations Unit arrested President Yoon Suk Yeol, who is suspected of being the head of a rebellion, after investigating in accordance with the law and principles in the December 3 illegal emergency martial law case.

For smooth prosecution and trial in the future, we will closely consult with related agencies such as the prosecution to fulfill the role and responsibility of the Senior Civil Servant Corruption Investigations Unit.

However, I am very sorry that the investigation of the Senior Civil Servant Corruption Investigations Unit and the court that issued the warrant were invaded by illegal violence.

I would like to express my sincere condolences to the injured police officers and court officials in the process.

I hope that this will never happen again, seriously undermining the rule of law.

I think the president also needs to respect the judiciary's decision.

Any objections can be followed by an objection procedure within the boundaries of the law and order.

In the future, the Senior Civil Servant Corruption Investigations Unit will strictly investigate those who participated in the emergency martial law case regardless of their status.

Thank you.

[Reporter]
Is there any chance of retrying Yoon Suk Yeol Presidential Enforcement?

[Dongwoon Oh / Director of Criminal Investigation]
I'm going to try to force you in today.

We are inevitably seeking compulsory recruitment because we are not responding to various summonses.

[Reporter]
Is there anything set specifically this morning or this afternoon?

[Dongwoon Oh / Director of Criminal Investigation]
We will try to find as many jobs as possible within today.

[Reporter]
It is pointed out that forced recruitment is no longer effective, what do you think about this?

[Dongwoon Oh / Director of Criminal Investigation]
However, in December of last year, he refused to comply with the summons, and in January of this year, he refused to comply with the arrest warrant summons.

I think it is right for our Senior Civil Servant Corruption Investigations Unit to show their utmost efforts within the boundaries of the law and order.

[Reporter]
When did you recognize President Yoon's visit to the hospital yesterday?

[Dongwoon Oh / Director of Criminal Investigation]
The Senior Civil Servant Corruption Investigations Unit was not aware of it in advance, but it was similar to hide-and-seek, and we thought it was not appropriate to go to the hospital in various human rights aspects, so we waited for a job at the detention center.

[Reporter]
However, some point out that President Yoon's move is aimed at avoiding the investigation.

[Dongwoon Oh / Director of Criminal Investigation]
That's how we see it to a certain extent.

As far as I know, our investigation team waited until 9 p.m. yesterday for a job offer and then arrived at the detention center after that time.

So I'm very sorry about that.

[Reporter]
You said you were trying to get a compulsory job, so should we prepare for a visit to the detention center discussion?

[Dongwoon Oh / Director of Criminal Investigation]
We will do our best to find a job and try to summon as much as possible, including on-site surveys.

[Reporter] You said you even sent an official letter of cooperation to the
Detention Center, but I wonder if the correctional authorities and the detention center are not cooperating.

[Dongwoon Oh / Director of Criminal Investigation]
The correctional authorities are cooperating in their own way. However, the suspect is not responding to the investigation, and we will try to persuade him as much as possible.

[Reporter]
How far did the prosecution discuss the timing of sending the case?

[Dongwoon Oh / Director of Criminal Investigation]
Regarding the sending, we are communicating with the prosecution as much as possible. We will handle it as soon as possible so that there is no shortage in various procedures.

[Anchor]
I heard the position related to the recent investigation on the way to work by Senior Superintendent of Public Offices Oh Dong-woon. In brief, I emphasized that the presidential investigation process so far has been all legitimate law enforcement. And the president respected the need to respect the judiciary. When asked if he would try again for forced recruitment, he clearly said he would do it today. Nevertheless, when asked whether the Senior Civil Servant Corruption Investigations Unit's attempt to investigate is effective, he said he believes it is right for the Senior Civil Servant Corruption Investigations Unit to do its best as a state agency. And he said he was very sorry that he thought the hospital visit was intended to avoid investigation. It said that consultations are taking place on transferring the investigation to the prosecution. Let's take a look at the story related to lawyer Kim Kwang-sam. Attorney, what did you hear about the position of the Senior Civil Servant Corruption Investigations Unit?

[Kim Kwang Sam]
First of all, I think the Senior Civil Servant Corruption Investigations Unit intends to continue the compulsory recruitment. However, in general, it is correct to force a conviction to investigate. However, as I said earlier, whether it is effective or not, is there any possibility of success when forced to seek employment? There are a number of problems. However, since the warrant has already been issued by the Senior Civil Servant Corruption Investigations Unit, it is necessary to show that the Senior Civil Servant Corruption Investigations Unit does its best as an investigative agency. I think that's what I thought. So if you don't force a job search and give up the investigation of the president, there will be a lot of criticism about this. I think that's why I'm very conscious. What would you do if you failed today's forced recruitment? I think you'll think about that.

[Anchor]
Didn't the lawyer just tell you the past precedents of the Supreme Court, regarding forced recruitment? There's no set procedure or details for compulsory recruitment, right?

[Kim Kwang Sam]
There are no regulations for such things legally. Therefore, it seems that the case law was also forcibly recruited and investigated. That was a violation of the National Security Law. It seems that the suspect or the defendant argued about it as an illegal compulsory arrest. Assuming that the compulsory recruitment of the investigative agency itself is a due process, a warrant has been issued. Since there is such a Supreme Court precedent, it cannot be seen as illegal just because forced recruitment is illegal.

[Anchor]
There are precedents related to forced recruitment, but there is no specific requirement to follow any procedures or regulations, so we will have to wait and see how the Senior Civil Servant Corruption Investigations Unit will respond if the president refuses to comply with the investigation this time.

Let's move back to the Constitutional Court. Yesterday, the Constitutional Court asked President Yoon two questions. Have you ever ordered lawmakers to be pulled out? And did you ever hand over a note from the emergency legislative body? What do you think it was intended when you asked these two questions?

[Kim Kwang Sam]
First of all, I looked into the evidence yesterday. Then, it seems that he probably asked for his opinion on this with the evidence presented by the National Assembly. The note is also a very important part. Because it is an emergency legislative body note, Acting President Choi Sang-mok said that the president handed it to him when asked by the National Assembly. What it was about was to get rid of the National Assembly's budget, and then set a budget for emergency legislative bodies. That's what it was about, right? But the first one is who wrote it. That's controversial. So I think the author was written by former Minister Kim Yong-hyun. Kim Yong-hyun, the former minister's representative, also wrote it. But he says it was the president who handed him over.

Acting President Choi Sang-mok said, "I received it from the president." So, it is true that former Minister Kim or Acting President Choi Sang-mok talked about this part, but the president has not and has never written it. I'm just saying I don't remember. So, I have to check with former Minister Kim Yong-hyun to know this, but I couldn't confirm it because he was in custody in a detention center, so I deny it. But the reason why this part is important is that I also mentioned Pogoryeong 1.Isn't this the purpose of the National Constitution to neutralize the National Assembly? It's one of the important points. If the budget is cut for the National Assembly over there, it is intended to neutralize the National Assembly, and then to set the budget for the emergency legislative body means that the emergency legislative body will replace the National Assembly, which prohibits political activities of the National Assembly. As it is related to this, the contents of this note are very important, so it seems that Moon Hyung-bae, the head of the Constitutional Court, asked this question himself.

[Anchor]
I think I asked the question myself because it was an important part of judging the national constitution. And if you look at the main issue yesterday, it was the fraudulent election theory, but President Yoon also announced various data related to the fraudulent election theory. The National Assembly, however, is free from the issue of impeachment. So, he asked me to limit my claims regarding the theory of fraudulent elections. How did you like it?

[Kim Kwang Sam]
You can see it like this. The most important things in the impeachment prosecution submitted by the National Assembly, a note received by Acting President Choi Sang-mok, probably related to the decree. CCTV is what the National Assembly gives as important evidence to prove as the reason for the impeachment. Then, from the president's point of view, one of the most important things is related to fraudulent elections. So, I think the president perceives the election fraud as a conspiracy theory. I'm not raising a conspiracy theory for fraudulent elections, but this was based on facts to see how the NEC's systems and equipment work in relation to fraudulent elections. Then this is also related to the purpose of the national constitution. There are two pillars of the National Constitution, one about the National Assembly and the other about the NEC. We are not talking about conspiracy theories about fraudulent elections by sending martial law troops to the NEC. I went in to check the system based on it because there are so many facts about rigged elections. So as a result, I'm trying to say that the national constitution is not the purpose.

[Anchor]
Let me ask you a question about the court intrusion investigation. The prosecution has requested arrest warrants for all 63 people who participated in the court raid. What do you think of the possibility of arrest?

[Kim Kwang Sam]
Some will be arrested and some will probably have their warrants rejected. Is it the degree of participation or is it systematically done, isn't it? If it was systematically done, a warrant was issued for the suspect who instigated it. What kind of action did you do there after that? They damaged the public property or even broke into the judge's office.For those who have played various leading roles, there is a high possibility that warrants will be issued.

[Anchor]
Lastly, isn't there an investigation into the background of the court intrusion? How is it going?

[Kim Kwang Sam]
As a police officer, I don't talk about that in detail, so nothing has been revealed. However, according to media reports, some YouTube, YouTubers who were there, or live YouTubers, instigated it very much. Then do you think YouTubers are behind it? Or I think the police are investigating who is behind the YouTuber. So if you participated in this and instigated it through YouTube, in a way, you can become a hinterland, and the police are investigating whether there are any far-right religious groups behind this.

[Anchor]
Let's stop here.

I was with lawyer Kim Kwang-sam. Thank you.