[News UP] "Impeachment judges will come out in person"...Yoon started 'off-the-shelf defense'

■ Host: Anchor Yoon Jae-hee, Anchor Cho Jin-hyuk
■ 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 News UP] when quoting.

[Anchor]
A close aide said that President Yoon Suk Yeol would come to the impeachment trial and confidently express his position. Instead of responding to the investigation agency's summons investigation, it seems that he has started an off-the-shelf defense against the public. Let's take a look at how it will develop in the future with lawyer Kim Kwang-sam. Please come in. The president will express his position in court with his conviction, which lawyer Seok Dong-hyun said yesterday. If I speak in person, will I be the first president to go to the impeachment trial for the first time in constitutional history?

[Kim Kwang Sam]
During former President Park Geun Hye, President Park Geun Hye did not directly plead. But President Yoon was a former prosecutor general. He's a former legal professional, so he's going to make his own defense. If you want to make a direct argument, you have to be confident about the legitimacy of your actions. Then, President Yoon's declaration of emergency martial law is a highly political act and an act of governance, so it is not an act of rebellion, but for the purpose of disorderly conduct of the National Constitution. I think I have a lot of confidence in this. Isn't that why the doctor is more certain than the lawyer, as the lawyer says? I don't think I committed a crime, but I did it with the ideology of saving the country. Although it is far from objective legal requirements and the public's view, it can be seen that he thinks he is not guilty and expresses rationalization in various requirements. On the one hand, of course, I think there is a possibility and intention to do so legally, but on the other hand, in a way, there is room for him to express his or her conviction to his or her supporters and to take collective action while leading the impeachment trial. I think they're thinking about this, too.

[Anchor]
The president is referring to the principle of due process, and the investigation authorities are calling it everywhere, pointing out the double recall problem. Will this serve as a defense in future legal disputes?

[Kim Kwang Sam]
This itself is all over the place. That's why the investigative agency is so competitive about the investigation. So I can point out this part. In addition, in some cases, I think there is a lot of room for argument about whether it is evidence when it goes to court. But the president is a suspect. Of course, the suspect can complain about it, but he has a choice. There is room to judge which institution will be more advantageous or disadvantageous to go to investigate.

But it would be nice if this investigation itself was unified. However, there are no compulsory provisions in the law that can integrate the investigation itself. So, since the head of the investigation is the suspect, President Yoon, in relation to the current emergency martial law, the initiative of this investigation is determined by which agency is responsible for securing Yoon's whereabouts. Especially in my view, the most important mission workers, such as former defense minister, counterintelligence commander, or water defense commander, have all been arrested, right? There's one president left now because a recruit has been secured. So, how do we conduct a forced investigation into one president? Who goes first? They're fighting that fight.

[Anchor]
It was also said by the lawyers yesterday that it is not appropriate for the rule of law to be called by an investigative agency. How do you see this?

[Kim Kwang Sam]
That doesn't make sense. You're accused of rebellion. Then, isn't the investigative agency thinking that it's a crime and investigating it? There is a high possibility that it will be a crime based on various legal requirements. If you think it is not a crime of rebellion and say you will make such a claim, whether you are a prosecutor or a police officer, this is not a crime of rebellion, it is a highly political act and an act of governance. And I had no choice but to fight off anti-state forces. Aren't you making that claim? Of course, since he is the president, if an investigative agency calls him, he has to go out and explain if he is unfair, and if he is guilty, he has to admit it. It's like that, but the lawyer's words to that effect are not right at all, I think so.

[Anchor]
Former Defense Minister Kim Yong-hyun also has a statement of position, but the emergency decree contains the president's precious intention to raise the alarm of the National Assembly's national constitution and civil war and resolve suspicions of fraudulent elections. Now, it's almost like President Yoon Suk Yeol's logic.

[Kim Kwang Sam]
It's their idea. It can be seen as being far from the people's thoughts. I think he did a tremendous thing called emergency martial law because he was sure of that idea. But we call people like that a conviction. He rationalizes and justifies facts that cannot be objectively admitted. I'm sure there's no legal problem with this. That's why former Defense Minister Kim Yong-hyun and then President Yoon led the emergency martial law. If I wasn't that sure, I wouldn't be able to do emergency martial law. So I think these people, including the most important mission workers who have recently been involved in emergency martial law, are living in their own world. Seeing what the National Assembly is doing as evil, the tyranny of the majority party. Of course, there is a problem. Then there's a wake-up call, and most of all, he's very into rigged elections.

Mentally, I think the rigged election is 100% correct. As a result, I think the intention is to continue to raise issues with the NEC, declare martial law on the NEC, take action, collect evidence of fraudulent elections, and show them to the public. That's why I'm a political leader because I'm thinking hard, and so is the president, and so is the defense minister. When an accident is so severe, risks and such emerged through emergency martial law, I think so.

[Anchor]
Hong Joon Pyo The mayor of Daegu and a former prosecutor are not guilty of rebellion over President Yoon's charges. It's just an abuse of authority, I mentioned. What do you think about this?

[Kim Kwang Sam]
You were also a lawyer. That's how you can judge yourself. But he was so fluctuating that he criticized representative Han Dong-hoon and President Yoon Suk Yeol a lot because he talked about mercenaries. Before, I went to President Yoon's residence, ate and drank. At that time, he praised President Yoon and criticized CEO Han Dong-hoon. But I don't understand that kind of thing. It may sound like a welcome rain to some conservative forces, but aren't you the one who dreams of becoming president? But you're making a very dangerous statement, and I see it that way.

[Anchor]
And let's look at the martial law investigation. It has been confirmed that martial law forces brought thousands of bullets when entering the National Assembly. If so, can it be said that he intended to endure bloodshed to suppress the National Assembly?

[Kim Kwang Sam]
At first, martial law was not a martial law army or special war soldiers who stormed the National Assembly. I said it was very sloppy. It was sloppy on the surface because it didn't listen to me, but if you look at what's coming out now, it can't help but be said that martial law was planned very carefully. Furthermore, two police leaders also called in and delivered instructions three hours in advance. And so far, so does the president. What I said was that I had no intention of killing or possessing only horror bullets. But aren't you saying that there were already 1,600 rounds of live ammunition prepared? Then what would happen to this country if martial law forces like that actually used live ammunition over there? Nevertheless, it's hard to understand what it was to say that this is not the purpose of the national constitution itself.

[Anchor]
There is also a situation in which the preliminary simulation is added. There were talks that civilians in the reserve were closely involved and met while eating hamburgers at fast food restaurants, but if civilians were closely involved in military activities, wouldn't this be punishable?

[Kim Kwang Sam]
It can be seen as an accomplice to the crime of rebellion. So I don't understand this part either. Roh Sang-won, former commander of intelligence, is a former military officer, Kim Yong-hyun, a junior member of the former Defense Minister, and I think they were probably close to each other. How a non-military man called another colonel to plot a civil war and did this. This is actually not a public mind at all. It's typically illegal. It is not a civil war itself, but for example, it is said that the emergency martial law was carried out because there was a local war. Still, civilians can't participate. Furthermore, it's a military secret.

Nevertheless, I don't really understand why he did that. Then, on the one hand, there is Kim Yong-hyun within the Ministry of National Defense, and isn't there a secret line among civilian forces outside? Since there are circumstances in which we can see that we conspired with the non-commissioned officer this time, we conspired with the civil war, so if we go deeper into that part of the investigation, there is a possibility that other non-commissioned officers will emerge in addition to former intelligence commander Roh Sang-won.

[Anchor]
You predicted that it can be expanded to suspicions of secret. And at a time when there are calls for summons and attendance of the president, the head of the Senior Civil Servant Corruption Investigations Unit should say that the arrest warrant is legal rather than an emergency arrest on how to secure the current president's whereabouts. What made you say this?

[Kim Kwang Sam]
There are three ways you can conduct forced investigations. One is an emergency arrest. Emergency arrest is usually an arrest while investigating. I believe that the requirements for emergency arrest are applicable to the president. Because the president knows that, and because he knows the possibility, the prosecution, the police, or the joint investigation headquarters are not responding to the summons. Then, you have to investigate the president first, and then you have to go to the next step. Almost all the leaders involved in the insurrection are secured and detained.

The president is the one who remains. Then, isn't the president listed as the head of the rebellion? The presidential investigation must be done. But even if I summon him, he doesn't attend. Then, what can be done as a result is an arrest warrant and a preliminary arrest warrant, but if you continue not to respond to the investigation, it is not easy to get an arrest warrant right away. So, the prosecution and the joint investigation headquarters have no choice but to issue an arrest warrant. Then the next card will be a summons or arrest warrant for the president, I see it like this.

[Anchor]
The police failed again yesterday in their second raid of the presidential office. I think he was trying to investigate the communication records of the police chief Jo Ji-ho's phone stored on the security service server. It is the position of the Presidential Security Service to inform you again today whether or not to cooperate. What will be the answer?

[Kim Kwang Sam]
We have to cooperate. First of all, according to Article 110 of the Criminal Procedure Act, it is impossible to seize and search military secret places without the permission of the manager. However, even if it is a military secret place, it is not a search for military secrets now. Isn't it that the president has spoken to former police chief Jo Ji-ho six times on the phone? This can be a very important proof of rebellion. Then I'm trying to get the communication records of the non-phone left on the server, but I don't think it's right for the security to continue to refuse. Moreover, the president has been impeached and his duties are suspended. Then will the security service protect the people or the president? You have to make a decision. I don't think it's right to prevent seizure and search just because there is one provision of the Criminal Procedure Act.

[Anchor]
And the controversy over the right of acting President Han Deok-soo to appoint a constitutional judge is heating up in the ruling and opposition parties. First of all, the ruling and opposition parties have not even reached an agreement on the issue of the judge's confirmation hearing, so what is the logic of both sides?

[Kim Kwang Sam]
That's the logic of both sides. Prime Minister Han Deok-soo, acting president, is asking how far the scope of that authority is. But the prime minister was not appointed by election. That is why there is only the power to maintain the status quo. That's generally true of legal theory. Then it's a question of how far the concept of maintaining the status quo is. So there are six constitutional judges. Then, is the appointment of three people recommended by the National Assembly maintaining the status quo, or the status quo is maintained as it is now with six people. But is it the status quo to leave six people as they are? Appointment of three more people will break the status quo. In a way, it's a verbal fight, and in a way, it can vary depending on the logic. That's the opposition party's position. Since it was recommended by the National Assembly, the president's appointment is a formality. That's why I'm asking you to appoint me. Then, the ruling party's position and the floor leader Kwon Sung-dong's position opposed the appointment of a constitutional judge by the acting president during the former president Park Geun Hye. Of course, then former President Park Geun Hye became a vacancy. It's been quoted. That's why I quit my presidency. Since then, there has been a case of appointing a constitutional judge recommended by the Supreme Court.

The opposition party says that if the president is cited for impeachment, the president's existence disappears. In that case, they can appoint them, but people like Choo Mi-ae and Park Beom-gye from the Democratic Party oppose them at that time. Why are you asking me to appoint you now? It's very contradictory to each other. But the reason why three constitutional judges have not been appointed so far is that two out of three ruling and opposition parties claimed they had the right to recommend him, and the Democratic Party has continued to impeach him. Then, if you make an appointment, the suspension period will be shortened. There was also a thought that I didn't do this on purpose to increase the suspension of my job. So if we try to turn it back to normalization, the ruling and opposition parties should make a grand compromise, but if we do two in the Democratic Party, the opposition party will think it is disadvantageous for impeachment, right? In my view, in this case, one Democratic Party of Korea makes concessions and one ruling party, the power of the people. And I think that the Constitutional Court will be normalized only when the acting president can appoint two people.

[Anchor]
We have reviewed the investigation situation and legal content related to the impeachment trial. I was with lawyer Kim Kwang-sam. A lot.