[Issue Plus] Moon Da-hye refused to comply with the reference investigation again...agonizing over the prosecution's response

■ Host: Lee Yeo-jin, anchor Jang Won-seok
■ 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 PLUS] when quoting.

[Anchor]
The prosecution is struggling to come up with countermeasures as Moon Da-hye, a key reference in the former president's bribery scandal Moon Jae In, has again refused to comply with the prosecution's request for a reference investigation.

[Anchor]
On the other hand, an elementary school student who died after being hit by a recycling vehicle reversing in an apartment complex will be held today. I will point out the related content with lawyer Kim Sung-soo. Welcome.

[Anchor]
Da-hye refused to comply with the prosecution's reference investigation for the second time since last month. There is no legal disadvantage even if I refuse to comply because it is a reference investigation, right?

[Kim Sung-soo]
First of all, Moon Da-hye's husband, Seo, was hired as an executive of Thai Starjet Airlines, and this is why Lee Sang-jik, a former lawmaker and a real owner of Thai Starjet, bribed former President Moon Jae In in exchange for taking the chairmanship of the board of directors of a medium-sized company, right?

So in order to grasp these facts, we can investigate the reference person. So, we need to secure physical evidence, but based on this physical evidence, what happened to the officials at this time? Asking about these facts can be said to be a reference investigation, and in the case of Moon Da-hye, it can be seen as a very important reference involved in the case, but as you said, he expressed his intention to refuse to comply again, so it is news that the prosecution will have no choice but to think deeply about how to specify the facts in other ways other than these statements.

[Anchor]
Then, what do the prosecution want to investigate by calling Moon Da-hye as a reference?

[Kim Sung-soo]
In order for bribery to be established now, in principle, public officials must be the main agent of bribery. When a public official receives a bribe for his or her job, he or she is not a public official, right?

However, the prosecution's attempt to condemn it as a bribery crime seems to be taking the form that former President Moon Jae In, who was a public servant, received bribes in this part. Then, if you want to see this as an indirect criminal or a joint criminal as a public official receiving bribes even though others received it, it was an economic community in order for a joint criminal to be established, and there is a part where this concept of precedent must be recognized.

And if it was an indirect criminal, isn't it actually beneficial to civil servants if their children and their money continue to pay for their living, or if this person receives any money and the burden on their living expenses decreases?

So, I think he was trying to ask about the financial situation at the time and the facts in the hiring process because he was not able to make a living independently or this fact could be an important part.

[Anchor]
But what other cards can the prosecution use if they continue to refuse to comply with the investigation?

[Kim Sung-soo]
It seems that the reference investigation itself is not a compulsory part. Therefore, if you refuse to comply, as I said, you have no choice but to try to find out the facts through other methods and through other evidence, and if this statement is really necessary, if a trial takes place at that time, in the case of a witness examination, if you refuse to comply with the summons as a witness, you can decide on a fine or detention. Therefore, it seems that there is room for such coercion.

[Anchor]
Regarding Moon Da-hye's drinking accident, did the police raid and search the oriental medicine clinic, which is known to have treated the victim taxi driver? However, it is known that they have not secured any injury certificates or findings here. So this was all the police were trying to get out of here, but what else was there?

[Kim Sung-soo]
First of all, the police say they have not secured an injury certificate or a doctor's note, but it seems that they have secured medical records. If so, there is a part where you can judge whether the injury has actually occurred through medical records, so I think medical records are an important part. The reason why the police eventually tried to secure a medical certificate in this part is that if an injury occurred, simple drunk driving may be applied under the Road Traffic Act, but if an injury occurs, a injury under the Special Act on Teaching or a dangerous preposition under the Special Act can be considered.

Therefore, it is important to know whether an injury has occurred, and even if you do not submit an injury certificate, you can also review this part, so I think you have grasped this medical record to clarify the facts.

[Anchor]
However, even though the victim and the victim agreed with each other, some pointed out that it is a little excessive investigation to confiscate and search the hospital to secure medical records and such.

[Kim Sung-soo]
If we look at the criminal law, in the case of assault, defamation, insults, etc. in the criminal law, after an agreement is reached, it is not punished through anti-intentional punishment or pro-conflict crimes. However, other crimes are punished even if they are agreed in principle.

Therefore, even if there is an agreement on this part, it can be a reason for sentencing, and if there is a part that can be specified because it needs to be judged again on whether or not to punish, especially if it is a part that receives public attention, I think he was trying to secure medical records on this part to clarify the facts.

[Anchor]
Therefore, it is known that the legal principles that were intended to be applied to the seizure and search warrant were also applied with a lower charge of injury than the crime of death as mentioned earlier. In the end, he applied a charge with a relatively low level of punishment, so why did he notify it in advance?

[Kim Sung-soo]
The reason why the warrant was issued is that according to Article 21 of the Medical Law, it is a principle that medical records cannot be provided to others. However, under the Criminal Procedure Act, it is possible to provide a search warrant or execution of a warrant.

Therefore, if the investigative agency receives a voluntary submission on this part, even if it does not receive a search warrant, this may be a problem for the evidence record later. Since this part can be an illegally acquired evidence record, we have no choice but to secure it through a warrant, so it was issued after applying for a search warrant, and in the case of a search warrant or an arrest warrant, isn't it an act that entails coercion?

That's why if you apply from the police and make a claim from the prosecution, the court will make a judgment when it is issued by the court. It determines whether a warrant is necessary, and for that, there are these criminal charges. If this is a more serious crime, there are a lot more areas where the requirement itself must be established and there are many things to prove. Therefore, the requirements of the Traffic Accident Treatment Act are much lower than the fatalities of dangerous driving under the Special Price Act.

So, in consideration of that, the seizure and search warrant itself will be reviewed under the Traffic Accident Treatment Act, and if the injury is revealed later, I think there is room for dangerous driving fatalities to be applied depending on the facts.

[Anchor]
Also, we are currently investigating the operation of illegal accommodation. How is the investigation going?

[Kim Sung-soo]
Currently, two houses and officetels are being considered as illegal lodging businesses. According to what is known now, Yeongdeungpo officetels have secured CCTVs to find out whether there are people who actually came in and out and whether there are any areas that can be seen as illegal lodging businesses. It is still known to be in the internal investigation stage. In the Jeju case, if there is a criminal charge, wouldn't the Jeju autonomous police specify the facts on this part and investigate it through this? As it is expected like this, we are still grasping the facts and securing physical evidence related to this. I think I can tell you this.

[Anchor]
I see. Let's also look at the next topic. It's unfortunate news to tell you. There was a foot recognition of an elementary school student who died after being hit by a backward recycling vehicle today. Isn't this accident also due to the carelessness of adults? What kind of incident was it when this anger came out?

[Kim Sung-soo]
This is what happened at an apartment complex in Buk-gu, Gwangju on the 30th of last month. It is such a sad incident that a waste company vehicle that was reversing collided with a 7-year-old elementary school student who was leaving school and this child died. There are various opinions on what legal violations are in this regard and what kind of criminal punishment will happen because of death, and news that there was a stamp today.

[Anchor]
It was a familiar road to and from every day, and wasn't it a sidewalk that was clearly distinguished from the roadway? So this child was walking without any boundaries, but when I looked at CCTV, it was a very difficult accident for a first-year elementary school student to avoid.

[Kim Sung-soo]
That's right. There are some opinions about whether this accident occurred more because there was no such part as the child hearing a horn or the blinker on during the reverse process, and there seems to be various opinions.

And in the end, isn't there a lot of cases where there are no vehicles in the apartment complex these days? Therefore, there are some areas where children are less wary of cars, so there are stories about whether there has been an accident like this, and there is a problem with the structure itself of the waste management company's vehicle itself, where one person drives and one person collects all of them.

[Anchor]
We're constantly upset.Ma continues to show related black box videos. The gray part is the motorway. It's a road in an apartment complex. And the place marked in red is the sidewalk where people walk, and that white truck came up to the red, that is, where people walk, and this disaster occurred while reversing. The bereaved families and residents are pointing out that the road in the apartment complex is in a blind spot, but is it a little difficult because it is classified as private property?

[Kim Sung-soo]
Legally, private property may not be considered a road, and in that case, there is a slightly different view from existing road accidents in determining this road boundary.

Therefore, in the case of this apartment this time, if there is a circuit breaker and it can be regarded as a managed private property, the applicable laws can be different, so there have been cases where unlicensed driving and such things cannot be punished on private property.

That's why there is a need for a little more reinforcement and change in these areas. In this case, it was not an unlicensed driving or anything like this, but in the end, this applies to local governments in the case of waste management companies' vehicles. In this case, there are stories about whether the problem occurred because it was not a private company, a local government, or a company.

[Anchor]
However, considering that most of the apartments have contracts with these private collectors, some pointed out that many of these recycling collections are being operated too stupidly without a separate standard.

[Kim Sung-soo]
That's right. As I said, right now, just because it's a complex without my car, cars don't usually go around, but only collectors and moving cars sometimes go around. As you can see, in the case of a complex without children's vigilance, there is usually a waste place on the first floor and vehicles travel. Then, accidents can occur like this in the process, and there are a lot of blind spots because these waste management company vehicles load high in the back.

Then, in order to prevent the occurrence of danger in these blind spots, there should be someone who sees from behind or plays this role, but there seems to be no choice but to say that standards should be strengthened in these areas.

[Anchor]
I couldn't prevent such an accident because I was driving alone and collecting by myself, but if there was even one more person in the passenger seat, I would not have had such a sad accident if I got off and looked at it when I was reversing. But I heard that the collection company has avoided criminal punishment, but why is that?

[Kim Sung-soo]
We need to find out additional facts, but what I've just told you is that if the collection company instructed the Waste Management Act to operate only one person even though it is a vehicle that applies to a group of three people, criminal punishment can be considered for that part and civil liability can be considered, but if not, we can't punish such an act. However, if there is an illegal part in other parts at the moment, there is room for punishment, so I think the facts on that part will be reviewed a little more.

[Anchor]
Some people say this. Some pointed out that even if the current law applies to private companies, could the accident have been prevented? This question is actually made for the safety of street cleaners, not to secure the safety of the surrounding area.

[Kim Sung-soo]
There were many cases of accidents when a group of three went around alone or when the number of people was insufficient. Since there were many cases where workers were injured, as you said, the law was revised and the enforcement regulations were revised.

However, if there are so many people, the possibility of accidents caused by blind spots or accidents occurring in the process of reversing may be slightly lower, so some point out that there is a need for change, and didn't we recognize that such accidents can occur now in the process of this work?

If so, I think we should review the law through revision because the possibility of such an accident may be slightly reduced if the workers are based on what kind of action they should do when reversing.

[Anchor]
Just as the driver climbed to the sidewalk in front of the recycling lot without hesitation and was pressed for time again, he didn't turn on the emergency light and turned back right away. I couldn't see it from the side-view mirror, why did I look at the side-view mirror instead of the rear-view camera?

[Kim Sung-soo]
I don't know exactly if I only saw the side mirror or if it meant I couldn't see it when I looked at all the rear cameras and side mirrors, but in the end, if I was in a bit of a hurry, I only looked at the side mirror and went backward, and an accident occurred, I think I should also find out what caused it.

If there was a reason for the cost that the work had to be done in such a hurry, and if there was a reason for that, we should revise the fundamental solution to this. Therefore, I hope that a sad accident will not occur in the future by carefully reviewing these areas. [Anchor] The police are investigating the driver on charges of homicide under the Special Act on the Handling of Traffic Accidents, so how much can we expect the level of punishment?

[Kim Sung-soo]
First of all, the special law of education stipulates the sentence of imprisonment or fine for up to five years. Therefore, it is thought that the amount of punishment will be determined by what kind of negligence was involved in this part and the degree of negligence. Currently, various facts are reviewed, and if it was a blind spot and if it was a blind spot, I think it would be a little bit of a review on what areas were at fault.

[Anchor]
Let's look at the next topic. It's about a foreign YouTuber who acted a little weird. They kissed the statue of the girl of peace and made a fuss about pouring ramen soup from a convenience store. The police are investigating, so what specific things have you done so far?

[Kim Sung-soo]
I'm a YouTuber. It's called a YouTuber and an American nationality, and it's called Somali. And what this person did during his stay in Korea for about a month, as shown in the video, did something to the girl statue and danced in front of the girl statue.

And when you swear at people passing by or tell them not to drink at a convenience store, they said okay and said, "You shouldn't drink like you're in the video," you do something very threatening to the clerk who's going back. And pour the cup noodle soup on the floor. Then, this behavior itself can be seen as obstruction of business.

Therefore, in Korea, based on videos, cases such as obstruction of business are being booked and investigated, and if I leave for the United States,Or, in this case, it may be difficult to punish, so it is even banned from leaving the country.

[Anchor]
What charges can be applied to kissing the Statue of Peace? Is it an insult?

[Kim Sung-soo]
I think we need to review that first. However, in order to be an insult, a certain victim must be specified, but the girl statue itself is not a person, right? As a result, it seems necessary to examine whether the statue can be an insult to the people it symbolizes, and isn't the statue an object after all?

Then, in the case of damage to the object, the crime of damage may be applied, and it seems necessary to consider whether this may be a crime of damage. Therefore, various legal principles can be reviewed, but there are areas where it seems unlikely that the part I mentioned can be established.

As shown in the article, it seems that they are currently reviewing charges such as obstruction of business. In addition to obstruction of business, there was a part where they shouted and cursed at passing women. In that case, if there is a part where shouting itself can be assault, it can be assault and insult, so if only the victim's specificity is possible, I think there is room for that to be reviewed.

[Anchor]
After doing such bizarre and frowning behavior, another domestic YouTuber said he would punish this person. However, the domestic YouTuber who wielded the violence was also arrested by the police, and strictly speaking, isn't there a legal problem?

[Kim Sung-soo]
That's right. It is known that there have been several assaults now, and I understand that they were through several YouTubers, not one YouTuber, and there was one on the 24th and one on the 27th. And there was another case on the 31st, but in this case, which is currently being booked for assault and is being investigated, it seems to have happened on the 31st.

On the 31st, another Korean YouTuber assaulted Somali, and the video was recorded. There are many stories online about this private sanction, but isn't there a part where the value of the law can be undermined if you take private sanctions just because someone else did something wrong? The law means that some wrongdoers will be legally punished, and private sanctions on that part can eventually lead to a problem of legal value, so in the end, assault is inevitably considered. However, even while assaulting in this regard, if people say that the law is too light, I think there are some areas that need to be reviewed in the revision of the law.

[Anchor]
As the number of foreigners visiting Korea increases due to the Korean Wave boom, the number of foreign suspects staying in Korea is also increasing significantly. The number increased to 29,000 in 2021 and 32,000 in 2023, but is it also punishable under domestic law if foreigners commit such crimes in Korea?

[Kim Sung-soo]
Our criminal law adopts both vulgarism and vulgarism. In the case of vulgarism, Koreans can punish crimes committed abroad in Korea, and in the case of vulgarism, foreigners can punish crimes committed in domestic territory.

Therefore, even if you are an American now, you can punish these criminal acts in Korea according to this territorialism, and for that reason, you have banned your departure. Therefore, if additional crimes occur after the ban on departure, I think that punishment will naturally be made.

[Anchor]
It is said that that the person who is supposed to be a cow has also received attention for committing nuisance in Japan. What kind of punishment did you get in Japan?

[Kim Sung-soo]
In September 2023, he was arrested and fined in Japan and deported in January this year due to the expiration of his visa. And in the case of Israel outside of Japan, there are cases where they were very sanctioned for doing this.

Because of that, there are many things to say about this. However, if the punishment itself is weaker than that of overseas, it will be necessary to see how we can punish it in our law because there may be various opinions on this, and if it is right that such an act continues to be lightly punished, and if it is a reason to continue to encourage people from overseas, I think it is necessary to revise the law.

[Anchor]
I don't want you to see the news of this person who will say it in the news anymore. So far, we've talked with lawyer Kim Sung-soo. Thank you.