尹, emergency arrest and detention instead of impeachment? legally imprisonable

YTN Radio (FM 94.5) [YTN News FM Lee Ik-seon Choi Soo-young Issue & People]

□ Broadcast date and time: December 12, 2024 (Thursday)
□ Host: Lee Ik-seon, Choi Soo-young
□ Performers: Lawyer Kang Jeon-ae and Lawyer Jang Yoon-mi

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆Choi Soo-young: It's the members of the Constitutional Court that are important here. There are currently six people. Of course, it means that you can do psychology. Four of the six judges, Jeong Hyeong-sik, Kim Bok-hyung, Kim Hyung-doo, and Jeong Jeong-mi, are classified by the media as moderate conservatives. But the two are classified as Moon Hyung-bae and Judge Lee Mi-sun as Jinbo. What's important in the future is that the National Assembly can recommend three people. Then, one question that arises here is, first, if the president is suspended from his impeachment, can the prime minister appoint a constitutional judge?

◇Jang Yoon-mi: So in this regard, the Prime Minister is supposed to act as the acting president in case of a constitutional vacancy or an accident, and if there is no Prime Minister, the government organization law is in order. The Deputy Prime Minister of Education of the Ministry of Economy and Finance will go in order, but if you look at the commentary of the Constitution, you will see the commentary of the Constitution. If the president's suspension of impeachment is impeached, if it falls under the accident, there is no room for dispute. Then, the prime minister can act as an acting president, but can he even take very active personnel measures in this regard? Because there was a similar controversy when former Prime Minister Hwang Kyo-ahn was acting as an acting president. Basically, it's hard to say that it's allowed to do such an active act by selecting a very active personnel measure yourself, but isn't it up to the National Assembly's recommendation? When the National Assembly recommends it and concludes the results of the hearing, I think this part of the exercise of the appointment right in the form of post-mortem is allowed.

◈ Kang Kyung-ae: That's what you can see in that part now, and as a result, just because you made a recommendation doesn't mean you have to appoint everyone. For example, in the case of Choi Min-hee, the head of the National Defense Agency, who is currently serving as a member of the National Assembly, the Democratic Party of Korea recommended him as a member of the National Assembly in the past, but the president was the right to appoint him at the time, but he did not appoint him due to work problems in related organizations. Then, what formality can this be considered or whether to actually make an appointment within this person? And what if the president does not have the authority to appoint someone under the constitution yet? In a way, the president could appoint it before the impeachment vote in the National Assembly. If the recommendation goes in now, but the problem is that Lee Sang-min, the Minister of Public Administration and Security in the opposition party, is the former Minister of Public Administration and Security. The president gave his approval for expressing his resignation. Then, he is raising the question of why he is doing his job when he says he is not doing his job. Then, in the process of raising the issue like this, the opposition party should exercise its authority on the recommendation of the Constitutional Judge, who is now required to hear the impeachment trial against him. That's a very unique part, but the problem is that the Democratic Party of Korea has problems with investigative agencies, so the police, prosecution, and the Senior Civil Servant Corruption Investigations Unit are doing it together. Aren't there mane stories? The prosecution is showing signs of passing, and they are asking for an independent counsel. If I tell you about this briefly, the Democratic Party does a permanent special prosecution, and according to the Special Prosecutor Act, the general special prosecution in politics, and the Democratic Party says so. But the person who makes these two special appointments is also the president.

◆Choi Soo-young: That's right.

◈ Kang Kyung-ae: Then who can appoint this? If the president's authority is suspended, even if it is suspended due to impeachment, then can the prime minister appoint this as well? As a result, the Democratic Party of Korea should exercise the president's exercise of authority in areas that suit their taste. But Minister Lee Sang-min is saying not to exercise these people. I'd like to say that there are some parts that don't add up.

◆Choi Soo-young: Okay. As you said, I'll point out the investigation again. The emergency martial law investigation toward the president is accelerating, and the prosecution, the police, and the Senior Civil Servant Corruption Investigations Unit are competing, but yesterday, the presidential office was raided and searched. Then, even before impeachment, it could be today or tomorrow. Or if the president is arrested or arrested before Saturday, he can serve as president in a detention center.

◇Jang Yoon-mi: So if it's not impeached. Everything is open. Even at this time, the president is the president of Yoon Suk Yeol. And there's no way that you can exercise constitutional power, or that you can suspend this as a president of Yoon Suk Yeol, without being based on law and constitution in the proceedings. The only way to do that is impeachment. This is because his duties are suspended immediately after he is passed at the same time as impeachment. That's why people are arrested without impeachment. The reason why this part is controversial is because... If you hand over the acting authority to a third party earlier, the constitution clearly states that it is a vacancy or an accident. A cigarette is usually a case of death. An accident is a case of a real accident. And according to the commentary, it's a case where you go abroad and don't come in. However, this is divided between constitutional scholars and legal professionals. I've been arrested. But it's so hard to imagine that the incumbent president will be arrested, so there's no commentary. So this is an accident? But this is divided. There are also quite a few opinions that it does not correspond to a cigarette or an accident. Then, isn't it right to do this according to the law? At times like this, you can't just follow the political situation according to your taste. Then, in the worst case, even if you are arrested and a warrant is issued at the detention center, you can rule in prison. If it's not impeached, it is.

◈ Kang Kyung-ae: So lawyer Jang pointed it out well, and this is stipulated in Article 71 of the Constitution. There are some stories about the president, but in the case of the head of a local government, the Constitutional Court made a decision. There is a part of the Local Autonomy Act that stipulates that if the head of the organization is handed over to trial and is in custody, the authority of the deputy head of the organization is acting on behalf of the head of the organization. However, in 2010, the Constitutional Court made a constitutional decision on this. Then, of course, there is such a situation, so now legal professionals who believe that it is possible for the prime minister to act as an acting president here also write after the Constitutional Court's decision on the Local Autonomy Act, but the heads of local governments and the presidents have very different meanings. In the end, as you said, it seems that there is actually a very ambiguous part of whether this place can be regarded as an accident.

◆Choi Soo-young: Okay. What we keep on arguing about is... If the acting president does, who will do it? after impeachment Of course, the impeachment bill was passed by Prime Minister Han Deok-soo. But acting Lee is now a suspect. That's why I'm going to summon all the members of the State Council as suspects. If so, what if the acting president is a suspect?
◇Jang Yoon-mi: If the acting authority is a suspect and is not imprisoned, he or she has no choice but to work. If you look at it in order, the Constitution says that the Prime Minister does it in cases where the transaction death or the ruling cannot do the work at all, and if the Prime Minister does not do it again, the order of the State Council members prescribed by law will be followed. However, if there is a situation in which Prime Minister Han Deok-soo also falls under a vacancy or an accident, the Prime Minister of the Ministry of Economy and Finance will do it. After the Prime Minister of the Ministry of Economy and Finance, the Prime Minister of the Ministry of Education, and now, science and technology, diplomatic unification, legal affairs, defense, and administrative plans continue. I think we have no choice but to follow the law in that order.

◈ Kang Kyung-ae: Another thing I want to say is that Prime Minister Han Deok-soo also had some parts that were deliberated by the Cabinet. So what the Democratic Party is talking about now is that Prime Minister Han Deok-soo should be impeached. Then, the job will be suspended.

◆Choi Soo-young: I was going to ask you that question.

◈ Kang Kyung-ae: Then after Prime Minister Han Deok-soo, the members of the State Council will take over the Barton. What the Democratic Party is talking about is that it will raise the issue now to all 11 people who entered the Cabinet meeting that day.

◆Choi Soo-young: There is also Deputy Prime Minister Choi Sang-mok.

◈ Kang Kyung-ae: Then it seems very likely that all 11 of them will be impeached, and among them, former Minister of Public Administration and Security Lee Sang-min and others, his son-in-law has already been approved, but then is it right for the last remaining secretary of state to do this? In any case, as an acting president for the president, the prime minister, followed by the State Council member. Isn't it revealing that, as a result of this in the Democratic Party, the ministers who have now come to the Cabinet meeting have so far disagreed with the president? Especially in the case of the prime minister, he is also talking about the fact that he didn't think so at all in the National Assembly. If so, he is making such an unnecessary impeachment. In a way, Prime Minister Han Deok-soo is now the center of the government's execution of the state affairs in a situation where he has to stabilize the political situation beyond being criminally prosecuted and criminally prosecuted. I personally think that the opposition party should discuss it in a form where representative Lee Jae-myung or floor leader Lee Jae-myung checks it together. I'd like to tell you a little bit about whether this is a very unilateral drive without such consultations between the ruling and opposition parties or anything like this.

◆Choi Soo-young: So in the case of Park Joo-min of the Democratic Party who appeared here yesterday, I asked that question, and the impeachment of Prime Minister Han Deok-soo has not yet been decided within the party. They said it's on hold on our show. So I think there may be some concerns from the Democratic Party. Then, another important point to point out here is that there are simple participants, except for the important mission workers, and there are simple participants. But the important thing here is that commander Kwak Jong-geun said he was instructed by the president to pull him out now, but he used a non-fire phone. I heard that the non-phone doesn't have a recording function. Can this be proven then?

◇Jang Yoon-mi: I heard that this is how the non-hwa phone works. If you hear from the military, even if you call, you won't get a real number, but a different number. Because it's given in a very confidential situation, of course, you can't record it. That's why the important thing is the server. The server can't be fooled. From the server to this phone number, the non-phone remains on the server, so you can check when and to whom this call was made.

◆Choi Soo-young: There's no content.

◇Jang Yoon-mi: There is no content. But even if there is no content, there are statements at that time. In the case of Commander Kwak Jong-geun, he received it from the president twice. And the statement is quite specific. I told him to bring someone down and break the door. Regarding the fact that there are several people in the National Assembly right now, it is natural for Biafun, but it seems that there is a homework in front of the investigative agency that the search and seizure of this server should be carried out as soon as possible.

◆Choi Soo-young: There are so many issues today that I can't help but deal with representative Cho Kuk. I don't have much time left. The Supreme Court's ruling on Cho Kuk, the leader of the Cho Kuk Innovation Party, was confirmed today after five years of indictment, and lawyer Kang, how did the Supreme Court make this part very short?

◈ Kang Kyung-ae: There was a sentence at 11:45 today, and in the end, the Supreme Court ruling came out about five years after the sentence was over and I think representative Cho Kuk expected it to some extent and he expected it himself. It's not that I'm afraid of going into prison on the show, but I'll go in and take care of my health, Kim Eo-jun said on his show. As a result, weren't there allegations of corruption in entrance exams and suspicions of covering up the inspection? Regarding the vice mayor of Busan City, there are some areas where Baek Won-woo, the administrator, was sentenced to prison today, but I'm not sure because it's here. I don't know if there will be an expression of position. However, in the case of representative Cho Kuk, he seems to have no apology or anything like this because he continued to talk in the form of innocence in the form of unfairness. In that regard, I would like to say that we should make a proper apology to the Korean people as a social leader anyway.

◆Choi Soo-young: A really important question here. Then, if the proportional representation is lost, Professor Baek Sun-hee, the next in line, will receive a succession to the parliamentary seat. As far as I know, the NEC has a few days to receive it, but the vote is now Saturday. Then the total number of the opposition parties in the ruling camp will be 192 to 191. Then how can 2~3 days clean up this gap?

◇Jang Yoon-mi: That's why the National Assembly Secretariat usually says it took several days. It took a lot of work, and it could take as long as a week or so, but as you said, the situation that needs to be taken quickly now is 192 seats in the pan-night area, but one seat has decreased. Right now, the parliamentary seat was lost under the National Assembly Act. Then it's 191 and the parameters are reduced, right? If there is no succession now, the number of lawmakers is 299, not 300. So, one vote can come and go depending on it, so in this regard, the National Assembly Secretariat as soon as possible because this is not a very difficult procedure, right? The person who will be succeeded is determined. Because we had our turn. So I think we need to wrap it up as soon as possible.

◆Choi Soo-young: Then can I do it again if the National Assembly speaker quickly sends an official letter to the NEC and asks it to be processed in a day?

◇Jang Yoon-mi: This is not the discretion of the chairman, but since the chairman is also involved, I think it is right to operate all the means that can be operated.

◆Choi Soo-young: What do you think about this?

◈ Kang Kyung-ae: It's already been revealed in the report that no matter how fast the process is now, it takes a few days, and I personally think there's no reason to do this differently from the usual system in the current situation. Rather, I don't think there is a problem because the NEC and other organizations are not raising issues like this to give disadvantages to the Cho Kuk Innovation Party or the Cho Kuk representative, but are proceeding as usual. And even if the impeachment bill does not work this Saturday, the Democratic Party and the opposition parties say they will do it again next week anyway, and Thursday Saturday, so I think it's right to follow the lead.

◆Choi Soo-young: Okay. Thank you both for your comments. So far, we've been with lawyers Kang Jeon-ae and Jang Yoon-mi. Thank you.