[News UP] Senior Civil Servant Corruption Investigations Unit Raises Security Service Pressure, Retries Arrest Soon?

■ Host: Anchor Cho Jin-hyuk
■ Starring: Attorney Kim Sung-soo

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News UP] when quoting.

[Anchor]
The airlift is increasing the pressure on the security. He issued an order to mobilize all detectives in the metropolitan area and said he would arrest anyone if they participated in the enforcement block. There is a prospect that the re-enforcement of the arrest is imminent. Let's talk about it with lawyer Kim Sung-soo. Please come in. The extended expiration date is confidential to the investigation, but it is said that it has been secured for about three weeks before the Lunar New Year holiday. In fact, it's been an open investigation, so when do you think the warrant will be executed?

[Kim Sung-soo]
I think there can be many possibilities. In the last case, it was known that the arrest warrant itself lasted until the 6th, so wasn't it possible to predict when it would be entered? Weekdays are higher than weekends. And because he said he would keep his manners, he predicted that the weekend would be higher than the night. In this case, the Airborne Division did not inform the warrant itself, making it difficult to predict when the execution would take place. Currently, the possibility of night execution should be stated in the warrant, so it is highly likely that night execution is also listed, so there is nothing strange about going in at night during the three weeks. [Anchor] Both sides are trying to avoid physical conflict as much as possible, but the police seem to be weighing the idea of arresting the head of the security service as the first scenario of the arrest strategy.
Is this a possibility?

[Kim Sung-soo]
In principle, the Senior Civil Servant Corruption Investigations Unit or the police should exclude the possibility of physical conflict as much as possible, and even if there is a physical conflict, how much injury will occur and whether it is a collision, this can be very important. However, the security service continues to strongly block it, so the easiest way to dispel it is to change the internal atmosphere of the security service if the head of the security service is arrested or the possibility of arrest increases.

It is likely that the arrest of security officials and leaders itself will be considered, and for this purpose, there is a high possibility that an arrest warrant or issuance will be considered.

[Anchor]
Director of Security Park Jong-joon appointed an attorney, but the deadline for the third summons is approaching at 10 p.m. soon. What do you think is the possibility of responding?

[Kim Sung-soo]
Personally, I think it's very unlikely to respond. Currently, there was an incident in the police regarding enforcement at the time, but isn't it claimed by both sides? Both sides claim that there are charges of obstructing the execution of special public affairs or related charges, but the police asked Park to appear in this regard. I asked him to attend because I had to investigate the obstruction of the execution of special public affairs, and there were the first and second notifications of attendance, but at the first time, he answered that he could not attend at that time because it was too important time until six days ago. After that, at the time of the second attendance, I asked for another period because I had to appoint a lawyer for the second attendance, but I hadn't yet. And the third round is scheduled to attend at 10 a.m. today, and the news is that you have appointed a lawyer.

However, if the lawyer is appointed today or yesterday, the lawyer must also coordinate the attendance schedule. If so, there is a possibility that the attendance schedule will not be met today, and I think there will be another adjustment of the attendance schedule through a lawyer. And I told you that there is a high possibility of considering the issuance of an arrest warrant, but to issue an arrest warrant, it is when there is a fear of refusing to attend or failing to attend. However, if there is no justifiable reason to fail to attend, an arrest warrant is issued. However, if there is a process of appointing a lawyer and coordinating with the lawyer, the court has no choice but to consider whether to issue it, so if the police were also considering the arrest warrant, I think it is necessary to change the strategy a little more.

[Anchor]
If it's until 10 o'clock and you attend, there's a high possibility of an emergency arrest, right?

[Kim Sung-soo]
From the perspective of the security chief, it seems that there is no choice but to be concerned about that. If you look at the case of former Minister Kim Yong-hyun or related commanders, don't you state whether you deny the allegations or admit it when the prosecution or investigative agency conducts an investigation and then usually investigates? However, if you deny it and there is a fear of destroying evidence in the process or if you are afraid of fleeing because this person is expected to be severely punished, you can immediately make an emergency arrest. Therefore, there is a high possibility of an emergency arrest in the process of attending an investigative agency and receiving an investigation. If you think like this, it may be difficult to attend easily even due to the possibility of an emergency arrest, so I think that will be considered.

[Anchor]
He said there is a high possibility that he will not respond to the summons again this time. And the police ordered the metropolitan area to mobilize all detectives this time. It is said that there are about 1,000 people if the existing manpower is included. On the other hand, Kook Soo-bon drew the line, saying that mobilizing police commandos, armored vehicles, and helicopters is a story like a novel. It is a situation in which a general mobilization order has been issued and a line has been drawn for special personnel. What can we expect to do in a realistic way?

[Kim Sung-soo]
It is said that there was a request for a general criminal mobilization order or cooperation, and some say that they are trying to put in experienced people, such as arresting anti-corruption investigation teams, drug investigation teams, and current criminals in Gyeonggi Province. Another of the various scenarios is that in the last case, there was news that more than 200 security agents squeezed a scrub to prevent it from moving arm in arm, so if it is practically difficult to arrest the leadership, we can consider arresting the security officers who are scrubbing one by one and leaving the scene. Of course, both sides argue that it is illegal. Therefore, for that purpose, it is said that a person with a lot of experience and know-how in arresting the current criminal is likely to be good at arresting himself, so it is said that the cooperation letter was sent in consideration of that. However, as far as I know, this part is not specified whenever you ask for cooperation, so there is a possibility that you can get cooperation on this part. I don't think anything has been decided yet, and if we actually proceed like this, we will have to think about the possibility of many problems, so I think the Senior Civil Servant Corruption Investigations Unit and the police will comprehensively review this part.

[Anchor]
It is expected to mobilize physical force, including the arrest of the current criminal, but it seems to be cautious of hard-line suppression to prevent any bloodshed. There is a lot of coverage on how the strategy will proceed, but since there are so many reporters, the Senior Civil Servant Corruption Investigations Unit and the police are negotiating only by phone. There are also concerns about whether you can match your hands and feet properly, so what do you think?

[Kim Sung-soo]
I think I can't help but be concerned. If the Senior Civil Servant Corruption Investigations Unit and the police only communicate over the phone, isn't there any part that needs to be decided while looking at the details? So there may be such concerns, and in the end, there is a high possibility that a large number of police personnel will be mobilized. As I said within the police, if you let the police know when you will date, can't this be leaked? Therefore, even within the police, there may be a lack of preparation process, such as when a team is dispatched, what role it plays, and discussing these details accurately. Because of that, I think I have no choice but to think about various things about myself. In the end, the security service claims that we are legitimate in the execution of official duties, so we have to see what will happen because we will be preparing security services for various scenarios. Also, as you mentioned earlier, isn't it said that mobilization of helicopters or such will not be possible?

It's practically impossible. Considering the various possibilities, I think there may be room for some equipment to be mobilized if it is practically possible, so if there are still many possibilities and there is a three-week period, I think this is a situation where we need to see whether there will be one execution attempt or several more execution attempts after one.

[Anchor]
It's only a guess that the warrant deadline is three weeks. Director of Airborne Oh Dong-woon said to the security office that he affirms that there is no name or law to counter the warrant now. I heard that even active lawmakers with non-arrest privileges can be arrested if they interfere with the execution of a warrant, is it possible?

[Kim Sung-soo]
During the question-and-answer process with the National Assembly, the head of the Senior Civil Servant Corruption Investigations Unit said that. Since this warrant is a legitimate warrant, it can be seen as an additional statement about the part that claimed that obstructing this part itself was an obstruction of public service execution. And the additional issue was what happens if active lawmakers squeeze and block the scrub in front of them during the enforcement process.

According to Article 44, Paragraph 1 of the Constitution, lawmakers are not arrested during the session, except for the case of a current offender.
So, if it falls under the charge of obstructing the execution of public affairs, he showed a very strong attitude that lawmakers can be arrested as a current offender, and that the Senior Civil Servant Corruption Investigations Unit is showing this level of position even for lawmakers.

[Anchor]
On the other hand, it is said that the security service can not only obstruct the execution of special public affairs but also conceal the criminal. Please tell me in detail.

[Kim Sung-soo]
Isn't what the security agency claims about the president disallows, such as the Presidential Security Act and Article 110 of the Criminal Procedure Act, searching for places requiring military secrets? There are rumors that if the head of the security service is subject to an arrest warrant, the Presidential Security Act will not be subject to the head of the security service, and Article 110 of the Criminal Procedure Act has a legal issue because of the part listed in the warrant. As a result, in the process of preventing the arrest of the head of the government, there are claims that the crime of concealing criminals can be established because Article 151 (1) provides punishment in addition to obstruction of the execution of special public affairs.

[Anchor]
So he said that if you block the arrest of the presidential leadership, not the arrest of the president, this could also be subject to obstruction of special public affairs and criminal concealment. And the police asked the security service and President Yoon asked the police to identify each other, what purpose is this?

[Kim Sung-soo]
It seems that they requested information disclosure from each other. Then there's a part I have to answer about this. In connection with this, we believe that each other has requested identification to file a specific complaint because they each claim that they are obstructing the execution of public affairs, but in cases such as accusations or accusations, even if the identification is not clear when submitting a complaint or complaint, you can file a complaint or accusation without a statement. However, in this case, it seems necessary to see whether the request for identification itself is intended to make a complaint in advance by identifying this identification, or to inform the security office or each other that we can take such criminal action. And actually, there's something that seems to have been accused of against each other's leadership. As a result, it seems to be said that the purpose of the participants other than the leadership is to reduce morale to some extent.

[Anchor]
And Oh Dong-woon, the head of the Airborne Division, continued to criticize the acting chief Choi Sang-mok, who is not responding to the command cooperation of the security agency. According to the Corruption Investigations Unit Act, it was stated that the president and public officials in the presidential secretariat should not engage in any activities related to the corruption investigation. Because of this, there is an analysis that they are not involved because there is a legal conflict, but what do you think of this?

[Kim Sung-soo]
Isn't the case of acting president Choi Sang-mok the acting president? According to Article 11 of the Government Organization Act, the president has the authority to direct and supervise the head of the central administrative agency, and if so, one side argues that the head of the security agency can direct and supervise the flow of the security agency through the head of the security agency. According to Article 3 (3) of the Public Offices Act, the president or the presidential secretariat should not engage in any activities such as reporting the work of the Public Offices, requesting data submission, or consultation. In the case of other parties, they argue that they have to respond to this part and that if they don't, this will be a dereliction of duty. So, since there is a legal conflict in this regard, I think the court will judge which argument is correct and confirm it if it eventually becomes a criminal matter.

[Anchor]
Finally, let me ask you a question about the Constitutional Court's remarks. So, there was a statement from the Constitutional Court's secretary general that the martial law decree did not conform to the Constitution. The ruling camp is criticizing that it concluded whether it was unconstitutional or not even held a hearing on this. What do you think of this part?

[Kim Sung-soo]
The Constitutional Court's secretary-general stated the nature of the decree in this regard during a question-and-answer session at the National Assembly. Therefore, if it is the secretary-general of the Constitutional Court, it cannot be regarded as the judgment of the Constitutional Court, right? Although it cannot be regarded as a court's judgment, there are various interpretations of this judgment itself because it can be viewed from the Constitutional Court's position, but it should be regarded as the opinion of the Constitutional Secretary-General because it cannot be concluded without judgment. There seems to be no confusion in this part if it is distinguished as a part that can be seen as a judgment of the Constitutional Court.

[Anchor]
Let's stop here. I was with lawyer Kim Sung-soo. Thank you.