[News Now] Prosecutor's Office "President Yoon will be summoned on the 21st"...What is the possibility of attendance?

■ Host: Kim Sun-young Anchor, Lee Jung-seop Anchor
■ 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 NewsNOW] when quoting.

[Anchor]
Prosecutors have notified President Yoon Suk Yeol of his attendance on the 21st. The Constitutional Court also designated the first preparation date for the impeachment trial of President Yoon as the 27th. Let's talk about this with lawyer Kim Kwang-sam. Please come in.

The investigation seems to be speeding up considerably. To tell you a little bit about the situation this morning, it is said that the presidential office's security office has been raided. What are they trying to find out when they say they're confiscating the server?

[Kim Kwang Sam]
During this martial law process, non-phones and security phones that we are talking about were used a lot. In particular, people such as the president and former Defense Minister Kim Yong-hyun ordered martial law through non-Chinese phones. One of the most important things is that martial law must be implemented directly by the martial law commander, and there are many circumstances where the former Minister of Defense is involved directly, followed by President Yoon Suk Yeol. Therefore, the more you directly intervene in proving the crime of rebellion, the more helpful it is to prove the crime of rebellion. So first of all, the non-phone itself is not tapped. It doesn't have a recording function. Caller display is restricted. Then, as a result, the content itself remains on the server. So the server is very important. You can see it like this.

[Anchor]
The police and the special prosecution are conducting a very competitive investigation. After the first summons, the prosecution notified the prosecution of the second summons and asked them to appear on the 21st for an investigation, but do you think they will respond on Saturday?

[Kim Kwang-sam]
I'm not going to respond. They collaborate with the prosecution and competitively notify the president of their summons. The summons itself is not supposed to be public. But since we compete so much, we do it openly. Moreover, in the case of the Senior Civil Servant Corruption Investigations Unit, an investigator comes out and sends something by human, but that's not right. Investigative agencies are very amateurish and should not do anything like the confidentiality of the investigation. But since I'm the president, I sent a notice of attendance. I can do that.

[Anchor]
That's how willing we are.

[Kim Kwang Sam]
That's right. That's possible, but I have no choice but to think that the attendance notification is being made, and I'm probably competing with the investigation right now. So, if the evidence meets the requirements to request an arrest warrant and issue an arrest warrant, they are immediately requesting a warrant. Also, in light of the seriousness of the rebellion, are warrants still being issued? So when it comes to recruits, the prosecution is very fast and the police are slow. But the reason for this is that the prosecution has a lot of soldiers involved in martial law. Whether it's the prosecution or the police, they don't actually have the right to investigate the military. However, the prosecution is investigating with the military prosecution now, and the police are investigating at the Ministry of National Defense's investigation headquarters, but the police cannot directly investigate the military. That's why the prosecution is much faster. Then, if the president subpoenaes either way, will he comply? I don't think he'll respond.

[Anchor]
Neither side is going to go out?

[Kim Kwang Sam]
There's a good chance of that. According to media reports, it is said that the prosecution is going to the prosecution because it is his home. If you are driven to a dead end and have to attend, there is a high possibility that you will go to the prosecution. But it's going to continue to hold out, that's what I see. The reason is that if one side investigates the summons and responds to it, I think it will be arrested urgently. Then, it is not difficult to make an emergency arrest at the place of investigation. In addition, I think all the requirements for emergency arrest have been met. So the president knows that, of course. Moreover, there are lawyers like Kim Hong-il and these people around, so if you comply with the summons, you don't have much time to prepare for things like whether it's an impeachment trial or an investigation related to rebellion. There is a difference between preparing in custody and preparing in custody, so from the president's point of view, the more time you earn, the better. Wouldn't it be better if the time of arrest gets better as much as possible?
So I'm going to take that strategy, so I see it like this.

[Anchor]
If you continue not to comply with the summons of the prosecution and police, what cards can the prosecution and the police play next?

[Kim Kwang Sam]
It will be difficult to go to an emergency arrest. Then, what you can go and proceed is to get an arrest warrant. In my opinion, if you apply for or request an arrest warrant, it will be issued. So it's going to be a method of arresting and investigating with that.

[Anchor]
Don't you think there's any chance that the bodyguard can stop you?

[Kim Kwang Sam]
There is a provision in the Criminal Procedure Act regarding the search and seizure of security. In the case of a search and seizure, it is necessary to obtain permission from the manager when it is related to military confidentiality or security. So, I can refuse the search and seizure, but since the arrest warrant is an arrest warrant issued by the judiciary of the Republic of Korea, in my personal opinion, if I blocked it, it would be a crime of obstructing the execution of public affairs. That's not easy, looking at it like this. If the president attends the prosecution or the joint investigation headquarters, it is highly likely that he will respond to the summons when there is a possibility that an arrest warrant will be issued. That's how I see it.

[Anchor]
However, there is also a view that if you continue to refuse to comply with your attendance request, you will have one more reason for dismissal.

[Kim Kwang Sam]
That's not true. Refusing to attend is not a violation of the law. However, because there is a legal system to secure recruits through an emergency arrest warrant when they fail to attend, the refusal of arrest itself does not have such an impact, which can be crazy. There is no sign of remorse, no cooperation with the investigation, and these things may affect the sentence later, but this could be added to the reason for impeachment, it's hard to say that. Of course, if you try to artificially include this in the reason for impeachment, you can destroy the Constitution and continue to have no will to protect the Constitution, but this is too contrived.

[Anchor]
However, as the prosecution and police compete in the investigation, we continue to deliver breaking news such as requesting a search warrant, and if this happens, there is a lot of evidence. How should I solve this part?

[Kim Kwang Sam]
There is a lot of evidence and then the important thing is that the investigation will not proceed normally due to overlapping statements and competitiveness of recruits in things like recruits. For example, if you try to find out whether this is a crime of rebellion or not, isn't the investigation related to former Defense Minister Kim Yong-hyun's statement important? The prosecution has already secured a new recruit.
Then the prosecution can secure the recruits and investigate them, but if the joint investigation headquarters tries to investigate now, we should listen to former Defense Minister Kim Yong-hyun's statement.

Then, former Defense Minister Kim Yong-hyun said everything in the prosecution at first. The second one is refusing to make a statement. I wouldn't go to the police to make a statement. But let's say we're going to make a statement. Then aren't you saying the same thing that the prosecution said? The same goes for the other suspects. So it could be a duplicate investigation.

[Anchor]
It must be quite inefficient.

[Kim Kwang Sam]
What evidence does the police have decisive evidence? The prosecution doesn't have it. Or wouldn't it be the other way around? Then all the evidence has to be used to prove guilt, but it's distributed. Therefore, the current investigation itself is being conducted in a very deformed way. But the problem is that there are no compulsory regulations that can unify this investigation. It's a situation where you can't force either way and you can't do it legally. That's why we usually talk a lot about the special prosecutor. If the special prosecutor becomes an independent counsel, he can send 40 prosecutors and take over all of them. You talk a lot like this, and don't the media report a lot like that? When the special prosecutor is set up, the investigation will be in the final stages.

[Anchor]
The special prosecutor may not have much to do.

[Kim Kwang Sam]
That's right. They're all in custody. In the end, the special prosecutor has no choice but to maintain the prosecution in the trial.

[Anchor]
Let's talk about the Constitution. First of all, President Yoon Suk Yeol asked for an answer to the impeachment trial on the 23rd regarding the Constitutional Court's judgment, but what are the future procedures left?

[Kim Kwang Sam]
The request for an answer by the 23rd is that there is a hearing preparation date on the 27th. However, before the hearing preparation date, the request for a trial was sent to President Yoon, the party involved, and President Yoon looked at the request for a trial and wrote his argument and submitted an answer. Then, based on that, we're going to the defense preparation process on the 27th. But there is a high possibility that they will not submit it by the 23rd, so look at it like this. It's a race against time, and you're likely to think it's strategically advantageous for the president to turn back time, and it might be a little tight if you try to submit an answer by the 23rd. For that reason, there is a high possibility that a lawyer will go to the defense preparation process on the 27th without submitting an answer. Then, it's very important when you submit an answer, and related evidence or other things can be done normally. Either way, the Constitutional Court wants to go fast. It's a very important issue. And the state administration itself is not properly operating. However, the date of the impeachment trial may be quite long depending on how President Yoon does it.

Some people say this a lot and the media also say it a lot. During the former President Park Geun Hye, the case was complicated and there were many criminal charges. Still, it took 91 days, you say. But at that time, former President Park Geun Hye had almost given up. So I almost neglected to respond.

[Anchor]
It was a situation in which there was no active protest.

[Kim Kwang Sam]
However, if President Yoon actively responds, there is no guarantee that the impeachment trial will end at that time as the Democratic Party thinks.

[Anchor]
Kwon Seong-dong, the acting leader of the People's Power Party, and Han Deok-soo, the acting president of the People's Power Party, cannot appoint a constitutional judge today. Even at the time of former President Park Geun Hye, he claimed that he was appointed after the impeachment of former President Park Geun Hye was cited. How do you see that?

[Kim Kwang Sam]
Some of that is right and some of that is wrong. First of all, during the impeachment of former President Park Geun Hye, I was actually going to appoint such constitutional judges recommended by the president during impeachment. The Democratic Party opposed it because it seemed that it would eventually go in favor of President Park Geun Hye. So I couldn't make an appointment. Then, after that, I made an appointment. However, as far as I remember, the appointed constitutional judge was recommended by the Chief Justice of the Supreme Court. Since it was up to the Chief Justice of the Supreme Court, it was appointed by the President before, so this cannot be appointed because it is the president's own authority.

[Anchor]
I think it will be easier to understand if you show me the timeline graphic. As you can see, the president's constitutional judge was not appointed, and due to opposition from the Democratic Party at the time. After the impeachment was cited, the chief justice's share was appointed.

[Kim Kwang Sam]
That's right. But there's no law on how far this acting authority is. First of all, the prime minister is not an elected power. But this is not right either. Because the National Assembly agreed. Since I am a member of the National Assembly, which is the legislative legislation of the people, I think there are parts that can be considered as not elected power at all. This is something that I personally point out. But apart from that, in general, only the status quo authority can be exercised. So, from the opposition party's point of view, what the National Assembly recommends is not that the president has the right to recommend it, but because it is a formal appointment, so of course, the acting president should exercise this part. I don't think this is wrong. You have to see what is maintaining the status quo. To maintain the status quo is not to change the existing system. Then we're in a six-member system. Isn't maintaining the status quo maintaining the six-person system? That's why it can vary depending on party politics. The reason why this is a problem is that the National Assembly has not appointed three people so far and has been continuously delayed. This is also partisan.

Because two out of the three said that the power of the people is the power of the National Assembly, and that we have the power to appoint two, and the Democratic Party said that they have the power to appoint two. And even if the Democratic Party had two powers through consultation, the emergency martial law, impeachment, came. So one person became very important. So this is a matter for the acting chief to judge now. It's a matter for the acting authority to judge, but if the acting authority doesn't make an appointment, it's going to be six people.

[Anchor]
Is it interpreted by the acting authority, not by the Constitutional Court?

[Kim Kwang Sam]
Then the Democratic Party is talking about impeachment, but I don't think the Democratic Party can impeach it. This is a huge burden, and then the appointment is delayed further. And I've been on the show many times, but it's true that impeachment should be done quickly and the Constitutional Court should go to the top. Then, instead of fighting over party politics, it would be fair if the Democratic Party conceded one person and recommended one person and the people's power recommended one person. Politics is a compromise. Isn't it conversation and concession?
I'd like to make such a suggestion.

[Anchor]
Anyway, the right to decide on this confusion now lies with acting Han Deok-soo, the current situation. That's how you can see it. As you mentioned earlier, if the status quo continues for six people, but since there is a term of office, it is bound to change again. On April 18, the terms of acting Moon Hyung-bae and Lee Mi-sun will end, and then there will be four people, so won't it be possible to judge?

[Kim Kwang Sam]
That's right. If you keep insisting until the end. But as time goes by, it could be against the Democratic Party. This is because Moon Hyung-bae and Constitutional Judge Lee Mi-sun are the president's responsibility. Then, ask them to appoint a new person who recommended it now, and I don't know if the results of the impeachment trial will come out before April 18th. But if we imagine that it doesn't come out before April 18th and goes after that, two people will be vacant again. Then, if two people are vacated, there is no acting authority to appoint a constitutional judge. I can't do this, right? But the Democratic Party will oppose it. Because it's up to the president. Isn't the acting president going to appoint a conservative constitutional judge? So you can't overdo it. So I don't know how I'll come to the conclusion if I have to go normally and just be greedy for myself, but either of the two will fail.
There is no such certainty that one side will fail.

[Anchor]
I think the ruling and opposition parties will continue to argue about the acting authority, but President Yoon Suk Yeol will actively plead at the Constitutional Court. It is known that he expressed his position to broadcast this live, but the Constitutional Court seems to be deciding not to broadcast it live.

[Kim Kwang Sam]
They say you can't do that now, but you can do it later. Of course, he said he wouldn't disclose the referee this time, but he didn't disclose it publicly, but he knows that he became a judge. Personally, I think it's right to broadcast it live.

[Anchor]
In what way do you think so?

[Kim Kwang Sam]
The people have the right to know. The current situation itself is the same for me, and I'm one of the people who took the position that impeachment should be made, so shouldn't we need to hear the counterargument? So even if there is a counterargument, emergency martial law will not be rationalized. It will be argued that it is not a violation of the Constitution or the law, but in my view, it is unlikely to be accepted. However, the president has human rights, the president has the right to appeal to the people, and from the president's point of view, only the things that have been released so far have been against him. Then, I think it's a huge event in Korean history in a way, and it's not bad to broadcast it live.

[Anchor]
I see. Finally, we will also talk about the Lee Jae-myung trial. There are now concerns about the strategy of delaying the trial, but first of all, I applied for a judge's avoidance of the remittance trial to North Korea and it was accepted by the court. How much delay will the trial continue in the future?

[Kim Kwang Sam]
If you apply for a judge's challenge, other courts will not judge if this is for the purpose of delaying the trial. However, it will be burdensome to go with the trial right away as the judiciary judges that it is for the purpose of delaying the trial. I think that's why we take the process of making the first, second, and third trials so that we can judge about this.

[Anchor]
How many months can pass?

[Kim Kwang Sam]
Since it takes about two to three months, representative Lee Jae-myung sees it as such a legal procedure to buy time.

[Anchor]
Regarding the election law case, I heard that the Seoul High Court decided to send a public notice today, what is this public notice service?

[Kim Kwang Sam]
From what I see, I don't know if that service is legal. Of course, the court will take care of it. Originally, the requirement for service of public notice is the defendant's present or present, but isn't it now? I do it when I don't understand the residence or office, but Chairman Lee Jae-myung has a residence, and the party leader's office is also in the National Assembly. We also have our own company.

[Anchor]
Isn't this the decision made because it keeps not being registered?

[Kim Kwang Sam]
So, they said they did it about twice, but even from an objective point of view, it's for the purpose of delaying the lawsuit. I don't know how the court judges rather than public service, but generally, they appoint a public defender. That's why I'm serving the public defender, but you're saying I've served it twice now, but I didn't receive it, right? I think there is a strategy for delaying the trial.

[Anchor]
After some time has passed since the service by public notice...

[Kim Kwang-sam]
It'll take about two weeks, seeing that I'm getting the litigation record. Isn't a day, two days, a week, two weeks very important now in relation to the impeachment trial? From Lee Jae-myung's point of view, there is inevitably a lot of room for criticism in some cases, but it is not important and it is related to his political life, so he is using every means he can.

[Anchor]
It seems clear that there are many variables left in the impeachment trial and representative Lee Jae-myung's trial in the future. This has been lawyer Kim Kwang-sam. Thank you.