[News UP] Yoon "Lawyer" has not been summoned yet...Sword, 2nd notification today.

■ Host: Anchor Yoon Bori, 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 forced investigation of President Yoon has begun. After President Yoon did not respond to the summons, the prosecution will notify again today.

The Constitutional Court will also hold its first meeting for the impeachment trial this morning. Let's take a look at the contents related to lawyer Kim Sung-soo. Please come in.

President of Yoon Suk Yeol. I didn't comply with the summons because I couldn't get a lawyer. In this case, is it considered a legitimate reason?

[Kim Sung-soo]
First of all, the Constitution and the Criminal Procedure Act stipulate the right to seek assistance from lawyers. Therefore, even if I want to be investigated a little more later because no lawyer has been appointed, in normal cases, this is often delayed a little. However, if this part appears to be not a reason for the appointment of a lawyer, but a deliberate refusal to attend or an intention not to comply with the investigation, then you have to see what the facts are like because you can review such things as warrants and arrests. However, it is a little difficult to say that asking for a time to get help from a lawyer now is an unfair reason.

[Anchor]
It was announced that the prosecution will notify the second summons today, so didn't you say you could secure a recruit if you didn't comply a little while ago? What are the conditions?

[Kim Sung-soo]
First of all, this is in Article 200-2 of the Criminal Procedure Act. If you have a good reason to suspect that you have committed the charges and you refuse to comply with the investigation or you are likely to refuse to comply with the investigation, in that case, there is a possibility that you can apply for a warrant and arrest it. That's why we don't have clear standards for a few times. I don't arrest you just because you refused several times, but you can apply for an arrest warrant if you are concerned about not responding to this or if you seem to be intentionally refusing to comply with it. And if the court says there is a reason for this, it can be issued, so this can be an issue. Another method of arrest is emergency arrest.

In the case of an emergency arrest, it is stipulated in Article 200-3 and in this case, there is considerable reason to suspect that the charges have been committed, and then there is no time for a warrant due to the fear of escape or destruction of evidence. That's why if there are these requirements, we can consider such things as emergency arrest or arrest by warrant, and we will appoint a lawyer now, didn't I tell you that I can see this as a legitimate reason? However, since this is not a general situation, but a very important situation and the case is running urgently, I think the investigative agency will have no choice but to review the warrant if it refuses to comply with the failure to appoint a lawyer several times despite this situation.

[Anchor]
But isn't there one more way to get recruits? There is also a system called a preliminary arrest warrant. Does this seem applicable?

[Kim Sung-soo]
In the case of arrest or emergency arrest by warrant, the president's security office is carrying out it. As he is performing his duties, there are concerns that there may be disputes with the security service when executing an arrest warrant or trying to proceed with an emergency arrest. Therefore, there are opinions that it would be more effective to apply for an arrest warrant and obtain it, and the requirements are specified in the case of an arrest warrant. In the case of an arrest warrant, Article 70 of the Criminal Procedure Act stipulates that there should be considerable reasons to suspect that a crime was committed, and if there is a fear of escape or destruction of evidence, an arrest warrant can be issued. Even if an arrest warrant itself is issued, an arrest warrant can be considered if it is practically impossible to arrest.

However, in the case of arrest warrants, the requirements seem similar, but since it is a person's arrest, it is necessary to prove this content more seriously and clarify. Therefore, if an investigative agency reviews an arrest warrant, it should have more evidence and persuade the court that there is a risk of escape or destruction of evidence, so I think we should argue about this with a lot of evidence and various logic.

[Anchor]
We will also look at the timing of the prosecution's notification of the summons investigation. It was notified last Wednesday, so it was long before the impeachment was passed. Does the prosecution think that the evidence and legal principles are already solid?

[Kim Sung-soo]
Are you saying that this is known to have been summoned on December 11th and that you asked me to come out on the 10th of the morning of the 15th? However, on the 11th, former Minister Kim Yong-hyun was arrested on the 10th. That's why it was a day ago. Therefore, it seems that there are opinions that various investigative agencies have a lot of evidence in the process of proceeding so quickly, but this is now the attendance notice of the investigation as a suspect. The fact that this notification of attendance is to come as a suspect and answer our questions first, and the purpose of investigating the suspect itself is to secure evidence rather than to say that there is sufficient evidence, right?

It goes through the process of confirming the relevant facts about this, and if you make a statement different from the evidence you have secured, you have to check which statement is correct, or what is the correlation between the evidence and the statement. Perhaps there may not be much evidence available at the time of the summons notice on the 11th. However, there is a five-day period of 15 days, and isn't the incident gaining momentum? Therefore, I think that after conducting the first investigation, I expected the next investigation and notified it on the 15th, thinking that some evidence will be gathered for five days.

[Anchor]
I'll also ask you a question about what comes out of the investigation process of former Defense Minister Kim Yong-hyun. Until now, he has voluntarily participated in the investigation, but suddenly refuses to make a statement, saying that the prosecution is conducting an illegal investigation. So, the day after former Defense Minister Kim Yong-hyun was arrested, the summons to President Yoon Suk Yeol was notified, and I wonder what the impact was on this schedule. Reason for change of heart, how can you guess?

[Kim Sung-soo]
First of all, former Minister Kim Yong-hyun is known to be exercising his right to refuse to make statements to the effect that he will not respond because the prosecution's investigation itself is illegal. However, there are various opinions about this part, but if you expect it as a strategic part, there is a possibility of this. There is a possibility that former Minister Kim Yong-hyun can be called a keyman in this case. He's a keyman, but according to former Minister Kim Yong-hyun's statement, there will be a part that can specify the facts about President Yoon Suk Yeol's allegations and such.

Therefore, even if the actual trial goes up against him and President Yoon Suk Yeol's allegations, his statement itself could conflict with what he claims later in the investigation stage, and some could say that he is preparing this part in advance because it could be disadvantageous to him. In the end, the same can be applied to President Yoon Suk Yeol's case. As a result, some people say that he did this strategically. However, since I claim that I do not respond because there is something illegal about this, I think we have to see which argument is correct.

[Anchor]
I see.

[Anchor]
There's one breaking news.

[Anchor]
It has been reported that some of the emergency martial law cases being investigated by the National Investigation Headquarters Special Investigation Team have been transferred to the high-ranking government official's criminal investigation office around 9 o'clock today. Police said the National Investigation Headquarters accepted the request of the Senior Civil Servant Corruption Investigations Unit for a quick and efficient emergency martial investigation, and will continue to provide data secured through related investigations to the Senior Civil Servant Corruption Investigations Unit.

In addition, the Joint Investigation Headquarters said today that it will deliver a request for attendance to the Presidential Office of Yoon Suk Yeol. I'll tell you again as soon as the detailed news is organized.

Lawyer, let me ask you a question about this right away as well. In the meantime, the prosecution has issued summonses and summonses to President Yoon Suk Yeol twice, right? Now, the police are in a position to investigate the president of Yoon Suk Yeol, what do you think of this?

[Kim Sung-soo]
Once this happens, there is a possibility that the suspect will consider where among the investigative agencies will be investigated in this regard. And if some investigative agencies proceed and this is prosecuted, there is a possibility that the case itself conducted by other investigative agencies is the same. Therefore, there may be opinions that there is a possibility that the suspect can decide the advantageous part of the person. Right now, the investigative agency is proceeding with the police, the prosecution, and the Senior Civil Servant Corruption Investigations Unit in various ways, and isn't there a part where we don't know where to prosecute? Therefore, if such prosecution is indicted or prosecuted by the Senior Civil Servant Corruption Investigations Unit, there may be some missing parts of this and other investigative agencies, so there are various concerns about this and it seems that it is a part that requires cooperation.

[Anchor]
If so, which way can President Yoon be seen as more advantageous to attend?

[Kim Sung-soo]
Isn't it possible to say that President Yoon Suk Yeol has been involved in the prosecution for a long time? As a result, some say that it is most advantageous to appear at the prosecution, but in the past, there have been cases in which the police and the prosecution were prosecuted while conducting investigations together. However, at that time, the result of the trial was actually sentenced to a very heavy sentence, so if you go to the prosecution, this is necessarily advantageous. I can't help but think about that. In fact, I think it is a little difficult to say that it is particularly advantageous to any investigative agency.

[Anchor]
The police even pointed out the breaking news that the Joint Investigation Headquarters will deliver a request for attendance to President Yoon Suk Yeol to the president's office today. Let's move back to the investigation and continue with the question. Former Minister Kim Yong-hyun, aren't you being investigated for allegations that he ordered the origin strike of the filth balloon? Is there a possibility that the charges in this part will be admitted?

[Kim Sung-soo]
Foreign exchange crimes are specified in the criminal law. There are also several provisions under Article 92 of the Criminal Code. In that regard, basically, a case of conspiring with a foreigner or a war with a foreigner can be regarded as a foreign exchange crime. If there is such a fact, the charges of foreign exchange can be considered. However, if such charges are not clear, it may not be reviewed, so it will be important to clarify the facts a little more about whether there is a charge of foreign exchange.

[Anchor]
I'll also talk about the commanders. There are three commanders called martial law trio. Everyone is pointing to President Yoon as the pinnacle of this incident. And in particular, Special Forces commander Kwak Jong-geun seems to be considered an important person who participated in the civil war, even though he is protesting that he did not follow President Yoon's instructions. What should I say about the reason?

[Kim Sung-soo]
In this regard, it is said that they have received reference statements about the commanders and these people who are currently under commander Kwak Jong-geun. In the process, I think there was a part that was different from what was stated in the National Assembly. If so, making a different statement of the facts itself can be considered as a risk of destroying evidence. And in terms of the facts that others are talking about, I understand that there are allegations that can be seen as this part, an important worker in the civil war, and I think that they are requesting a warrant or proceeding like this.

[Anchor]
And the police immediately arrested the former and current intelligence commander. So, not only the incumbent intelligence commander but also the former senior presidential commander ordered him to be the author of the decree and made an emergency arrest, but there was even a second suspicion of martial law. How far is the information out?

[Kim Sung-soo]
First of all, hasn't the National Assembly approved the lifting of martial law? After the approval, we had a little time to announce the lifting of the plan for a few hours. However, in the meantime, there are suspicions that he was trying to do the second martial law once again. In this regard, there is a fact that President Park An-soo had a meeting with President Yoon and former Minister Kim Yong-hyun at the Joint Chiefs of Staff Support Center in the basement of the Ministry of National Defense after the approval. As a result, there are claims that the second martial law was discussed in this regard, and that this factual relationship that seems to correspond to it is coming out. Therefore, there is a suspicion of the second martial law, and if there is this part, there may be a criminal issue about this part, so I think we will investigate the facts first.

[Anchor]
And right now, the commanders have been arrested one after another or arrest warrants have been requested. If so, the court recognized the deployment of military troops to the National Assembly as a civil war, can we see it like this?

[Kim Sung-soo]
First of all, the issuance of an arrest warrant itself seems to have considerable reason to suspect that he has committed a crime, and in that regard, it seems that the crime of rebellion and the exercise of the right to abuse of authority are usually included together. As a result, it seems that this part is not clear whether the court saw it as a considerable calling for the crime of rebellion, or whether it saw that there was a considerable calling for this part of the obstruction of the exercise of the right to abuse authority. However, more than one of these crimes seems to have been clarified, and there seems to be a certain amount of suspicious parts, and there is one of the concerns about the destruction of evidence and flight. Therefore, the court and the court that issued the arrest warrant seem to believe that some crimes have been clarified, but the issuance of a warrant in this regard does not necessarily mean that they will be convicted. That's why we have to wait and see how the ruling will be made in this trial.

[Anchor]
Let me also ask you about the Constitutional Court now. The first judge meeting will be held a little later, and not only the due date and procedure, but also the chief judge will be selected. And there were also talks about completing the nine-member constitutional court system in December, so what are the future procedures?

[Kim Sung-soo]
First of all, a judge meeting will be held at 10 a.m. today. And as you said at the meeting of the judges, the chief judge is set and the life judge is set. And since it is said that the newspaper preparation date, evidence investigation procedures, and these areas will be comprehensively reviewed, I think that some plans and frameworks will be set today. And as you said, nine judges should be constitutional judges, but there are only six, right? Since there are 3 vacancies, the National Assembly recommends the vacancies of 3 vacancies. So, the National Assembly is saying that they will proceed with the process as soon as possible, such as a confirmation hearing, and that they will complete the vacancy for three people in December, so that they can appoint them, but there are parts that the Constitutional Court cannot predict, so I think the Constitutional Court will also think about that depending on when the vacancy is appointed.

[Anchor]
And following the breaking news just now, more detailed news came in. It was said that the Joint Investigation Headquarters will deliver a request for attendance to the presidential office of Yoon Suk Yeol today, but a specific date came out. There is a specific date for requiring attendance on the 18th.

He said he was going to ask for attendance on charges of civil war and abuse of authority. I will deliver the request for attendance to the President of Yoon Suk Yeol within today, and I will ask the President of Yoon Suk Yeol to attend on the 18th.

Lawyer, we have a specific date now. The police, that is, the Joint Investigation Headquarters, asked President Yoon Suk Yeol to attend on the 18th. How will the president respond in this case?

[Kim Sung-soo]
There was a notice of attendance on the 18th, so we need to appoint a lawyer quickly. You will be investigated as a suspect after making an appointment and attending with a lawyer on the 18th. Then, there is a possibility that he can refuse to make a statement during the suspect's investigation process, and if he does not, he will make a statement from his own point of view about the facts. If there is any difference from the evidence obtained by the investigative agency in this regard, the investigative agency may ask additional questions about it or conduct a second investigation after completing the first investigation at that time. Therefore, it is possible to predict what direction the investigation will be and how long it will take to attend on the 18th. There is also a possibility that they will refuse to comply once again, so I think we need to keep the possibility open even in these areas.

[Anchor]
Let's talk about the Constitution. Now, the time for the Constitutional Court has begun in earnest. It is said that the first judge meeting will be held a little later at 10 o'clock. Not only today's due date and procedure, but also the chief judge will be selected, right?

[Anchor]
You are watching Moon Hyung-bae, acting head of the Constitutional Court, on his way to work. The day before yesterday, he expressed his message that he would make a quick and fair trial, and attention was paid to what message he would send on his way to work today. However, as you can see, you can see it entering the Constitutional Court without any special mention.

The first judge meeting will be held a little later at 10 o'clock. Lawyer, what content should we get back and forth here?

[Kim Sung-soo]
As I said at the judge's meeting, you will think about how to proceed with the case as a whole. Then, just because the judge is the chief judge, there will be a judge who conducts the main hearing, and a judge who is in charge of organizing evidence and such matters should be decided as a life judge. That's why we'll decide on this part first, and the hearing date will proceed, so we need to comprehensively look at how many times we'll prepare for the hearing, how many times we'll have to do it, and whether we'll accept all 100 people by applying for witnesses or just a part of them in the case of evidence investigation procedures.

Therefore, we will set a big frame for that part and proceed with detailed plans according to the big frame, but isn't there a variable even if we set a big frame now? There may be other or unexpected applications for evidence investigation procedures, so it seems that we will talk about these things, and as I said, nine judges should have been formed, but since there are currently six people, there may be a story about whether there is a procedural defect in this area. Therefore, I think there will be various discussions about how the vacancy will be filled and when it will be filled in this regard.

[Anchor]
If so, there is no choice but to pay attention to when the conclusion will be made at a time when the ball has been handed over to the Constitutional Court. At the time of the impeachment trial of President Park Geun Hye, which was the previous case of impeachment, there were three preparatory hearings, and it took 91 days with 17 hearings. How long do you expect it to take when the acting president has said he will make a quick and accurate trial this time?

[Kim Sung-soo]
In this regard, if there is an impeachment decision, the presidential election should be held within two months after the impeachment decision. That's why it's a very important time, and the Constitutional Court has to make a decision within 180 days. You have to make a judgment within 180 days, but as you said, it took about three months for former President Park Geun Hye and two months for former President Roh Moo Hyun. Therefore, the issue is how much it will be this time, but the fact that it can be seen in a short period of time was very different in the case of past cases.

Former President Roh Moo Hyun also made allegations about various allegations, and former President Park Geun Hye also had a lot of facts. However, in this case, since the facts can be regarded as one related to the crime of rebellion, there is a story that says that this will end quickly because the facts are a little and there are many clear parts, and what can be seen as a variable is that the witness procedure is different from before, and in this case, the witness procedure should proceed with all the witness procedures.

Since there may be variables, the most delay in the hearing date is that if the process of interrogating witnesses is prolonged, it takes a long time to set a new date each time. So, if this part is going to be long, there is a story about whether it can be close to 180 days, and as I said, there is an issue about whether the hearing can be conducted with six people now. If it can be a problem, the Constitutional Court may also try to proceed with the process of filling the vacancy. I think that part will be an issue.

[Anchor]
As the last gateway to the Constitutional Court remains, attention is being paid to each judge's history and political orientation. Do you think these parts can influence your decision?

[Kim Sung-soo]
First of all, in principle, it is a part that must be judged according to the actual truth and legal principles, but I think there is an expectation that the political part will be reflected a little. However, in principle, you have to judge only according to the law, and the requirement of impeachment itself is to ultimately determine whether there has been a significant violation of the law or constitution in the execution of your duties. Therefore, I think it would be inappropriate to think that the legal principles should be considered, and that the political part will be reflected.

[Anchor]
Thank you for easily solving difficult contents today. I was with lawyer Kim Sung-soo. Thank you.