[New Square 2PM] Roh Sang-won's notebook... "Collection targets" "Induce North Korean attacks in the NLL."

■ Host: anchor Lee Se-na, anchor Na Kyung-chul
■ Starring: Cha Jin-ah, professor of law at Korea University, lawyer Lim Joo-hye

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.

[Anchor]
Some of the contents in the notebook of former intelligence commander Roh Sang-won, who is considered to be the key behind the emergency martial law crisis, were released today.

There were words and expressions that I couldn't imagine.

[Anchor]
It is expected to be a smoking gun that reveals the full extent of this emergency martial law incident.

Today, we will be joined by Cha Jin-ah, professor of law at Korea University, lawyer Lim Joo-hye, and two of you.

[Anchor]
First, before looking at the investigation, let's look at the Constitutional Court's announcement a little while ago. With President Yoon continuing to receive documents related to the impeachment trial, the service will take effect even if the Constitutional Court does not receive the documents a while ago. So, I said that I will proceed with the first hearing preparation date on the 27th. How did you like it?

[Chajinah]
This is called shipping delivery. In principle, the delivery method should be delivered. In other words, it is a principle to hand over the documents directly to the person to be served. If the delivery service is not available, there is a supplementary service. If it's a place of residence, if it's a place of residence, or if it's an office or workplace, if it's given to the employee, it's considered to have been served. I didn't receive this either, so then there's a baby delivery service. If the place to be served is changed, and if the supplementary or kindergarten service fails to report, it seems to have been regarded as service under the Civil Procedure Act, which considers it to have been served at the time of sending.

[Anchor]
You said there was a regulation, but could President Yoon take issue with this later?

[Chajinah]
I can make it a problem.In the case of the Supreme Court case, Ma did not report properly even though the place of service was changed, and he tried to do supplementary or kindergarten service, but it was not served, so in that case, the delivery service is valid. There is a Supreme Court case like this, so the Constitutional Court seems to have dealt with it accordingly.

[Anchor]
That's why the Constitutional Court has confirmed today as a service, lawyer, what procedures do you have left in the future?

[Lim Joo-hye]
If service was considered, submit your response within seven days, these are confirmed. Not submitting an answer does not immediately result in any disadvantages. However, I think it is possible to evaluate that the Constitutional Court's clock is running properly. The hearing preparation date is scheduled for the 27th. If you think that service was considered, at least the possibility that the preparation date for this defense will proceed as it is has increased. It is still unclear whether President Yoon Suk Yeol will be able to operate in a practically effective way no matter how much service he has been given because cases such as the appointment of lawyers have not been completed. Therefore, it seems that it will be possible to determine how effective the defense preparation date scheduled for the 27th will be depending on how quickly these parts and the process of appointing lawyers can be.

[Anchor]
In fact, critics say that the president is dragging his feet in not receiving related documents and that it is a deliberate delayed operation, and I think this strategy will work against the president, what do you think, professor?

[Chajinah]
I don't think it will make such a good impression on the Constitutional Court's judgment department by giving the impression of deliberately delaying the impeachment trial process. So I think it would be good to give the impression of actively cooperating. However, we don't know if this is a deliberate delay or if it's because of the difficulty of appointing an agent as President Yoon's excuse.I think Ma should have been served first.

[Anchor]
It means that we will proceed as scheduled on the 27th of the defense preparation date. What happens if President Yoon doesn't come out at this time?

[Lim Joo-hye]
It's a situation that's bound to be disadvantageous. The deadline for preparation for pleading is a big framework in the overall process. It has a very important meaning because it is a place to reveal what evidence will be submitted in the constitutional trial in the future and that both sides have a certain response strategy. President Yoon Suk Yeol himself will not have to attend, but if his lawyer does not attend, it will be run limping with only one present, and it will also be necessary to consider that if he misses the opportunity to continue exercising his defense rights while the clock of the constitutional trial is already running, he could also be disadvantageous in terms of guaranteeing President Yoon Suk Yeol's defense rights.

[Anchor]
Is it possible to proceed even if only one person is present during the preparation period for the defense?

[Chajinah]
I can do it.There is a possibility that President Yoon will later protest, saying that it is a violation of due process and that the right to defend is not sufficiently guaranteed. However, in the Constitutional Society, the majority opinion is that the principle of due process should also be applied in the impeachment trial process. However, I don't know how the Constitutional Court will judge that the principle of due process is not applied because it is a matter of the state agency in the impeachment trial of President Roh Moo Hyun in the past.Ma doesn't seem to be justified.

[Anchor]
I'll give you the breaking news that just came in. I just got a news from the Senior Civil Servant Corruption Investigations Unit. It is said that the Yoon Suk Yeol president's attendance request has failed to mail. The presidential office is unknown to the recipient, and the official residence is said to have refused to receive it.

[Anchor]
It is also said that electronic notices are also unidentified. So this remains unknown whether this plan, which was supposed to be investigated on the 25th, so Christmas, can be carried out.

[Anchor]
I'll ask my lawyer about it. The president is not attending or receiving constitutional documents, and the investigative agency is reviewing that it will issue an arrest warrant if the president does not continue to respond to the request for attendance. I'm in a position to review it, so what should I think about this?

[Lim Joo-hye]
If the current situation continues, I think we will have no choice but to evaluate that the reason or possibility of issuing an arrest warrant eventually increases. Of course, it is true that the investigation process is progressing very quickly. Originally, it is necessary that the crime of civil war is an investigation process, and the investigation into simple participants, then important mission workers, and finally, President Yoon Suk Yeol, who is now pointed out as the head of the civil war, should proceed step by step, but if we summon it now, we can raise enough criticism on whether a substantial investigation will be possible.

However, if the Senior Civil Servant Corruption Investigations Unit and investigative agencies continue to demand President Yoon Suk Yeol's attendance, the possibility of destroying evidence increases if they do not appear repeatedly, and by showing that they are not actively cooperating with the current investigation situation, they eventually increase the possibility of issuing an arrest warrant. That's why even though the Senior Civil Servant Corruption Investigations Unit is not receiving it properly and the lawyers are not formed, it is highly unlikely that they will actually appear, but I think they will continue to notify the summons to weigh the possibility of issuing a final arrest warrant.

[Anchor]
This time, let's look at the new information about this martial law incident today. The notebook of former commander Roh Sang-won, who is known to have played a very important role in the emergency martial law process, was secured, and I was very curious about what was written here, but some of the words included were very unusual.

[Lim Joo-hye]
That's right. There are reported contents that are known to be contained in the notebook. There are things that are meaningful, that could be the smoking gun of this situation. We can't deliver all the details, but if you look at the basic contents, there are words that mean an arrest, collect a specific politician or a leading journalist, and these expressions mean that this collection means an arrest. And since the notebook contains the expression of blocking the National Assembly, there are talks about whether the attempt to take control of the National Assembly has been revealed, and there are talks about whether the attempt to take control of the National Assembly or the operation of a major figure arrest group has become a reality.

[Anchor]
In addition, it is said that the NLL contains an expression of inducing North Korea's attack, but looking at this part, I think we can suspect that we were trying to plan the north wind incident.

[Chajinah]
So if these notes are really true, it can be said to be a very shocking incident. I'll have to investigate to see if it's connected to the civil war.Ma is trying to create an emergency martial law situation. Or whether he was trying to change public opinion by going north wind regardless of that, we need to investigate further.It can be said that Ma itself is a very surprising content.

[Anchor]
As you said, it is very shocking that this was recorded, but earlier in the opposition, there was an illegal organization called Intelligence Investigation Group 2 in the military. I've raised this suspicion. Let's listen to and talk about the related content together.

[Choo Mi-ae / Democratic Party member (last 20th): The official name is Intelligence Investigation Team 2, and the total number is approximately 65 to 70. All of them are made up of officer-level and officer-level officers. The so-called "Lotteria Insurrection Four," namely Roh Sang-won, Moon Sang-ho, Kim ○○, and Jung ○○, seem to have served as a control tower to effectively execute the second stage of the intelligence investigation from planning. ]

[Anchor]
Specific real names were also mentioned, but they tried to set up a separate investigation team like this. I think I need a detailed explanation.

[Lim Joo-hye]
In addition to the military organization we have at the so-called hamburger restaurant meeting, a separate organization called the Investigation Team 2 was formed, and the size was about 60 people and divided into three departments, so the main task was to secure data, especially from the NEC. This is the story that's being told. Among them, former intelligence commander Roh, who is not an incumbent soldier, but is actually a civilian, is deeply involved. And these parts are included in former commander Roh Sang-won's notebook. If these parts are revealed as substantial truths, the fact that civilians, in fact, tried to be deeply involved in the organization of the military will inevitably be legally violated.

When conducting an investigation or trying to investigate the NEC, he also has to follow the procedures and methods set by the law because we are a rule of law and an investigative agency that has the authority to conduct an investigation. The fact that they had a special organization in the military and tried to implement the part of the judiciary seems to be very problematic, so it seems necessary to investigate exactly whether the composition of the investigation team 2 is actually formed or specifically appointed or whether the organization is established.

[Anchor]
And a separate investigation team is said to have been given the first task of taking control of the NEC's server. It appears that the police have secured the documents regarding this, right?

[Lim Joo-hye]
That's right. These statements have been made that former Defense Minister Kim Yong-hyun delivered related documents after the decree was issued. In fact, there are statements that there was an order to secure a server for the NEC and to bring the server itself if the information is not properly released. There are also documents that can support this part. It's coming out like this. Even specific details about personnel appointments have been delivered and remain in writing, these statements. And now that the records are left, the relevant information can be confirmed through an accurate investigation by the investigative agency, but if these parts turn out to be true, it needs to be clarified about what the 2nd Division was made for and under whose direction and supervision it was actually operated.

[Anchor]
In connection with this incident, there have been many cases where investigations have relied on statements and testimony from those involved. Can't this kind of notebook be evidence? Can this memo serve as a smoking gun? How do you see it?

[Chajinah]
It depends on what the memo means. Whether the memoist simply took notes of his or her thoughts or specifically instructed the military officials accordingly. And this depends on whether such a memo was written and ordered under communion with President Yoon. If it is the latter, for example, if such a memo was written under communication with President Yoon and the contents of such a memo were actually directed, then this could be very important evidence regarding the illegality and unconstitutionality of martial law. In particular, the order to block the National Assembly and then to arrest the lawmakers, this can be a very important evidence because it can prove the purpose of the national constitution in the crime of rebellion. I think we need to investigate this closely.

[Anchor]
But Commander Roh Sang-won is the former commander. Wouldn't it be too much for a civilian to simply say that he wrote a notebook in his own opinion when he is already discharged from the military? How do you see it?

[Chajinah]
So, did this person instruct the seniors and juniors of the military through an informal meeting and deliver those things to President Yoon? Or did they intervene like this at a secret level? This itself seems to be a matter to be revealed. If President Yoon's instructions were unofficially in the line of planning and giving instructions, you might think that this is a very serious illegality.

[Anchor]
I think we can know in detail only by looking at the results of some additional investigation. The Joint Investigation Headquarters is said to have secured President Yoon's phone details. However, it is not a security phone called a non-fine phone, but a call history of a regular mobile phone.

[Lim Joo-hye]
It can be considered as a personal phone. A communication warrant was issued for President Yoon Suk Yeol's personal mobile phone, but it is not possible to check the details of the actual call. It can be seen that you can check the call details with whom and when you talked on the phone. So, even if it is difficult to check the contents of the call, just knowing who and when you talked on the phone can be a very important part. If it is revealed how often and with what post-war circumstances you talked to with certain figures immediately after and immediately before declaring martial law, you would have been fully aware of the martial law situation if you had spoken to them before. This reasoning could be a very important data because it is possible, but this is only for personal phones, so President Yoon Suk Yeol called on non-phonic phones just by looking at the statements, and did you ever order such work on your personal phone? This part is still unknown, so it will be difficult to confirm how meaningful the data will be.

[Anchor]
It's a personal phone, and you can only check the details, not the contents. Isn't there a limit? What do you think?

[Chajinah]
That's right. We don't know that we listened to the phone conversation in real time after eavesdropping, but the phone call details are just about who talked to whom, when, where, and how much, or sent text messages. If the other party and the parties kiss each other and change the room, it is difficult to be conclusive evidence in that part, but if President Yoon talked to a certain person at that point in line with other circumstances, it can be important evidence later combined with other circumstances.

[Anchor]
Breaking news came in while you were talking. This is what the police said. A little while ago, the police, the former floor leader of the People's Power Party, called for his attendance on the 26th.

[Anchor]
Opposition parties claim that former floor leader Choo Kyung-ho is an accomplice in the civil war. In the process of voting on the lifting of the emergency martial law, it continued to be suspected that the members of the People's Power were not allowed to gather at the National Assembly. In this regard, news just came out that the police requested former People's Power Floor Leader Choo Kyung-ho to attend on the 26th.

[Anchor]
Lawyer, why did you call former floor leader Choo Kyung-ho, what do you think?

[Lim Joo-hye]
From the police's point of view, the former floor leader Choo Kyung-ho can also be evaluated as very close to President Yoon Suk Yeol in the process of investigating the overall civil war, so it seems that they will first check whether they were aware of martial law in advance, whether they had a vice-principal or conversation with President Yoon Suk Yeol in advance. As the opposition party is now claiming, is there any circumstantial evidence or instruction that prevented the members of the People's Power from gathering at the National Assembly when former floor leader Choo Kyung-ho demanded dissolution at the National Assembly on the day of the declaration of martial law? If there was such an intention to interfere, it can be predicted that the first question will be asked about this part of whose instructions or supervision it was done and the investigation will proceed.

[Anchor]
Earlier, I told you that I secured the call details of President Yoon's general and personal calls, but I heard that an official letter has been sent to preserve the secret phone to prove the contents of President Yoon's conversation. What does this mean?

[Chajinah]
Non-Phone cannot be recorded on the phone, but we need to secure the call details here as well, so won't it be stored on the server? Because there are points where you talk about the time of the phone call and how long you did it, and there is no fact that President Yoon or the parties talked about it in the beginning, and it is reversed later. But there will be a lot of things that haven't been revealed yet. In particular, there are reports that Defense Minister Kim Yong-hyun commanded with two non-phones. So, if we confiscate the entire server and investigate the entire situation of who gave instructions to whom on the non-Phone before and after that, it will be an important reference for identifying who lies and who tells the truth.

[Anchor]
The Presidential Security Service is not cooperating with securing non-Phone, but I think it will be important to secure non-Phone. The police are also paying attention to the Cabinet meeting held just before the declaration of the emergency martial law, where President Yoon gave Deputy Prime Minister for Economic Affairs Choi Sang-mok a one-page document on A4 paper, which was secured. The content is intended to cut the operating expenses of the National Assembly, but it seems to contradict the president's claim that he had no intention of dissolving the National Assembly.

[Lim Joo-hye]
That's right. Choi Sang-mok, the Minister of Strategy and Finance of the National Assembly, also received this document from President Yoon Suk Yeol in an urgent question on this part. Although it was recognized to the extent that it was intended to secure finances in relation to emergency martial law, the National Assembly immediately decided to lift the emergency martial law, so it was immediately abandoned. I once said that I ignored this part and that I didn't recognize it properly. It is said that the specific document has also been submitted. Now, according to reports, cut the National Assembly's operating expenses for now on the document that President Yoon Suk Yeol handed to the Deputy Prime Minister for Economic Affairs. I heard that there was something like this. Make an operational budget for the emergency martial legislature. It is said that this was included, but in the end, the budget must be approved by the Ministry of Strategy and Finance, and it is suspected that it was an attempt to take control of the National Assembly by blocking funds for such expenses.

In fact, depending on the existence of such documents, as well as how and how the contents are specifically written, no matter how emergency martial law is declared, according to the Constitution, this can serve as a basis for paralyzing the work of the National Assembly because we do not have the right to prevent the operation of the National Assembly or its free decisions under emergency martial law.

[Anchor]
These are completely different from what President Yoon said in his public statement on the 12th. Let's watch the related video.

[Anchor]
Listening to it in person, I think it doesn't make sense. How did you like it?

[Chajinah]
As Deputy Prime Minister Choi Sang-mok, there was no economic situation at the time, so anyone can predict what he thought he had to do, the liquidity of financial funds, and the plunge in the value of the won due to the issuance of emergency regulations, so he probably remembered what he had to do and the liquidity of financial funds were important. I think the rest of them ignored it because they thought this was ridiculous, as they claimed. If the contents of this note are true, as lawyer Lim said earlier, it can be linked to the intention of disabling the function of the National Assembly, so it can be an important clue to prove the purpose of the national constitution in the crime of rebellion. So I think this is one of the most important physical evidence.

[Anchor]
Then, do you think the A4 paper 1 document can have a great influence on the investigation into the rebellion or the Constitutional Court's judgment?

[Chajinah]
I think it can have a big impact. So, just like a short surprise show, martial law is declared as a shock therapy to inform and warn the public about the problems of the National Assembly. It is said that martial law was declared with this intention, but I think the National Assembly's budget was also intended to respond by eliminating operating expenses and preventing activities in response to a large cut in the administration's budget. This itself is linked to the purpose of the National Constitution in Article 87 of the Criminal Act, which instructs to block the National Assembly and, if connected, tries to prevent the functioning of the National Assembly and makes it impossible to exercise the National Assembly's power. So this seems to be a very important evidence in establishing the crime of rebellion.

[Anchor] Seok Dong-hyun, a lawyer close to President Yoon, said he would file a complaint against Lee Jae-myung of the Democratic Party of Korea on charges of innocence, what is this about?

[Lim Joo-hye]
Lawyer Seok Dong-hyun was not officially appointed as a lawyer for President Yoon Suk Yeol, but he is in charge of responding to the media in particular and seems to be playing a keyman role in setting up the entire defense team. However, in the process, the Democratic Party of Korea filed a complaint against lawyer Seok Dong-hyun on charges of inciting and propagating civil war, and lawyer Seok Dong-hyun claimed that the application of such charges of propaganda of civil war was a deliberate framing of him and said he would file a complaint against him for innocence. Since it is difficult to specify who is specifically making this claim and who is taking the initiative in the Democratic Party of Korea, it is said that it will proceed with the complaint with Lee Jae-myung and Secretary-General Kim Yoon-deok as accomplices.

[Anchor]
Lawyer Seok Dong-hyun mentioned the innocence against the Democratic Party of Korea, do you think the innocence will be established? How do you see it?

[Charge]
I can't say that right now.There is a possibility that Ma will be established. Because if you ask the investigative agency to punish you knowing that this is not a crime or express your official intention to discipline you knowing that there is no disciplinary action, it constitutes an innocent crime. However, in the case of lawyer Seok Dong-hyun, it can be seen as a representative of President Yoon to convey his position and exercise his right to defend himself. If you accuse him of inciting rebellion, it is clear that he is now accusing you as an accomplice of rebellion, but it is hard to say that he is inciting rebellion at first glance.

It's a separate dimension from saying incitement of rebellion by political investigation and criminal charges. So we have to be careful in establishing this kind of rebellion.Even these views, or there may be opposition, should we refrain from filing complaints as accomplices of rebellion for everything that expresses legal views? In addition, this attitude of unconditionally advocating for the establishment of the crime of rebellion without grounds is also not desirable in that regard because it is very misleading public opinion.

[Anchor]
Then, where do you predict the reason for the accusation of inciting civil war?

[Chajinah]
So isn't that the intention is to block the frame from being covered from the beginning? For example, he is an accomplice in rebellion against Prime Minister Han Deok-soo or the members of the State Council, and has actually filed a complaint against Prime Minister Han Deok-soo. He keeps saying that if they don't listen to their demands, they will be impeached because they are accomplices in rebellion. It is speculated that this is the intention to block such things at all.

[Anchor]
Earlier, lawyer Seok Dong-hyun also gave questions and answers to domestic and foreign reporters and seemed to be paying attention to public opinion. President Yoon has not been able to set up a defense team. As a lawyer, what kind of situation should I understand?

[Lim Joo-hye]
First of all, if you look at the charges that President Yoon Suk Yeol is facing now, you have to prepare for the crime of rebellion under the criminal law, but you are a lawyer specializing in rebellion in Korea? I don't think it will be easy to find this part. Since it is such a special situation, I also want to point out that there are few lawyers who can be experts in rebellion. Not only the crime of rebellion, but also the impeachment trial must be dealt with, especially with very few lawyers who have focused on the impeachment case against the president. Therefore, I think I can fully sympathize with the difficulty of recruiting experts. In addition, considering the seriousness of the current issue and the seriousness of the people's desire for this situation, it is difficult for anyone to come forward with a defense, so President Yoon Suk Yeol does not have much manpower pool itself, despite the fact that a large-scale defense team is needed to respond to various charges in all directions. And given the overall picture now, those who are already seeking impeachment have already lined up lawyers on the part of the claimants, and it's time-chasing and hard to find personnel. Looking at it, I think it can be evaluated as having difficulty in appointing someone like this. That's why from the perspective of President Yoon Suk Yeol, lawyer Seok Dong-hyun is also doing the same. We are forming a defense team based on closest aides who can best represent their inner intentions. Of course, it can be seen that the closest lawyers are the ones who can best represent President Yoon Suk Yeol's inner intentions and his intentions, but looking at the overall litigation process, it is a very important time to appoint a third-party lawyer who can give advice from an objective third-party perspective.

[Anchor]
How do you see the professor? So, is the president really having a hard time forming a defense team, as lawyer Lim Joo-hye explained, or is there a special reason why the defense team should not be formed quickly? What do you think?

[Chajinah]
By continuing to refuse to serve you now, you're being suspected of that. Isn't he deliberately not forming an attorney and a lawyer? to take the impeachment proceedings It's a behavior that makes you suspect like this. In fact, as lawyer Lim said, the declaration of emergency martial law was such a public shock and caused great confusion across the country, so it is hard to find such public opinion that advocates or positively evaluates the president who declared emergency martial law, at least in academia. I think it's probably the same in the legal profession.

And if there is a high possibility of dismissal, as a lawyer, it will be linked to his future career path. So I worked as an agent, but I was fired, and then the person could be in a difficult situation where it is almost difficult to recover politically. When you take over other cases later, you have a political bias, so your history remains, and it can be a very difficult obstacle to working as a lawyer. That's why it would be very difficult to join in this unless you're really confident that you can bring out the decision to dismiss impeachment in this regard. Unless you have a great personal relationship with President Yoon, it is assumed that it is very difficult for lawyers, especially competent lawyers, to make the decision to join them from a third-party standpoint.

[Anchor]
It can be burdensome for lawyers to leave it.

[Charge]
It will be very burdensome.

[Anchor]
If so, can President Yoon make a position in the future and say, "Please postpone the preparation date or something like this because the defense team has not been formed yet?"

[Lim Joo-hye]
It's very likely that we'll reveal that. When basically trying to proceed with a lawsuit, especially when the issue is such a complex and important case, it is common to apply for a delay in the hearing due to the delay in the appointment of lawyers or the lack of time to review the relevant data. But it only works once or twice. It is also necessary to appoint lawyers when they refuse to comply with subpoenas this time. Lawyer Seok Dong-hyun also expressed his position that he still needs a preparation period.

However, we cannot continue to say that it takes time to form a defense team like this. There are already set dates. Since the preparation date for the constitutional trial on the 27th is expected to continue as it is now, it can result in the loss of the opportunity to exercise the right to defend yourself if you keep delaying it. In the end, it can be evaluated that at some point, you have to quickly appoint a lawyer and submit a senior appointment to realize your right to defend yourself within the judicial system.

[Anchor]
The Democratic Party of Korea warned acting President Han Deok-soo that if he did not promulgate the Insurrection Special Prosecutor Act or the Special Prosecutor Act of Kim Gun-hee by the 24th, he would be held accountable. So, holding the prime minister accountable could lead to impeachment, which can be interpreted as a warning, right?

[Lim Joo-hye]
That's right. This is also the 24th. However, originally, the president needs time to review it when it comes up like this, so there is still a period to review it. Nevertheless, it seems that the Democratic Party's position is now that it will quickly announce it and no longer sit idly by the time-consuming process. It seems that it is difficult to interpret only by saying that they will be held legally responsible and referring to impeachment in the current situation. If you don't continue to work properly against the acting president, you can be impeached. Originally, he should have been impeached, but considering the confusion of the political situation, he has not been impeached, but he was now taking out the impeachment card that he can be impeached at any time. Therefore, if he does not promulgate the Insurrection Special Prosecutor Act and the Special Prosecutor's Office Act, he will be impeached.

[Anchor]
However, if the impeachment is pursued, there is no such thing as a quorum of approval for the acting president. So, whether you will see it as president or prime minister, doesn't the quorum of approval change accordingly?

[Chajinah]
Therefore, opinions are divided in the academic world because there was no precedent for constitutional history. So, when impeaching the acting president, he should be viewed as an acting president or prime minister, or when the task he performs is pointed out to be unconstitutional or illegal, he should be viewed as a president, and if he is illegal as prime minister, there is a compromise. In my personal opinion, acting as an acting president does not mean, for example, acting as an acting president when the prime minister is acting as an acting president. For example, when the prime minister exercises the right to veto a bill, the prime minister does not exercise the right to veto it in the name of the prime minister. In the name of the president, so the presidential Yoon Suk Yeol goes like this, and the acting prime minister, Han Deok-soo, goes like this. I'm acting as a proxy. It's an agent. So you can't be president.

So, isn't the scope of the acting authority limited to the passive and status quo authority after all? If you are treated as the president just because you act as an acting president, shouldn't there have been no restrictions on the scope of the exercise of authority? So, I think it would be okay if more than one-third of the incumbent lawmakers proposed the impeachment motion and 151 people, the majority of the incumbent lawmakers, approved the motion, but what I want to point out here is that the people's power or the Democratic Party of Korea and the vice chairman of the Korea Communications Commission, who was more than six months old, changed their position when the impeachment motion was proposed on July 25, and this phenomenon, which is being argued now, really reverses words like this. So at that time, the vice chairman of the Korea Communications Commission was not subject to impeachment. In the Act on the Korea Communications Commission, only the chairman of the Korea Communications Commission is subject to impeachment. However, Lee Sang-in, vice chairman of the Korea Communications Commission, voluntarily resigned and became vacant and was acting as an acting authority.

So when he tried to push ahead with the impeachment, saying that the two-member system was illegal, he argued that the vice chairman of the Korea Communications Commission could be regarded as the chairman of the Korea Communications Commission or that he could not be impeached because he was the vice chairman of the Korea Communications Commission. If so, it would be right to insist that Prime Minister Han Duck-soo should be seen as the acting president if he follows his argument and is consistent in his actions, but making the opposite argument is really hard for politicians to trust in the eyes of the Korean people. If the Democratic Party and the national power all change their words according to the situation like this, how can the people trust these politicians and the National Assembly? This sighs.

[Anchor]
Regarding the appointment of a constitutional judge, the ruling and opposition parties are now talking about a completely changed position. However, this situation has not occurred now, but if the opposition party submits the impeachment bill against the prime minister again, the criteria now vary depending on whether you really consider him as the president or the prime minister. Shouldn't someone make a decision when something unprecedented happens in constitutional history? In this case, who concludes this part and how?

[Chajinah]
So we didn't predict that in the Constitution. So this is really unprecedented in constitutional history, so the Constitution of the Second Republic, the Third Amendment as a result of the April 19 Revolution, had the authority of the Constitutional Court to interpret the Constitution. However, since the current constitution does not have it under the authority of the Constitutional Court, it is a structure in which the Constitutional Court answers only when a specific dispute is filed. So, for example, can a dispute trial be requested? In other words, for example, if the majority of the registered members approve it, but less than two-thirds of the registered members approve it, then Prime Minister Han Deok-soo claims that the impeachment decision itself is invalid and his exercise of authority is suspended, so shouldn't we consider whether it is possible to file a power dispute against the National Assembly? But before that, the academic community said, "We can't have a power dispute over the impeachment resolution because we never thought of such a situation." But this time, as you said, someone has to interpret it authoritatively, but even if such a power dispute is not likely to be accepted, because the Constitutional Court can determine whether the impeachment decision has a constitutional quorum within the impeachment trial process, so you can think that there is no need for separate power disputes.

[Anchor]
I think this is a situation that has created a lot of legal controversies.

So far, we have been with Cha Jin-ah, professor of law at Korea University, and lawyer Lim Joo-hye. Thank you both for your help.