[New Square 10] "I never received a single won" from the prosecution.

■ Host: Anchor Park Seok-won
■ 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 New Square 10AM] when quoting.

[Anchor]
Myung Tae-kyun appeared at the prosecution. He has completely denied his allegations. I connected it to the site earlier and showed it to you. Let's look at what the prosecution should check. News of major incident incident, with lawyer Kim Kwang-sam. Please come in.

[Kim Kwang Sam]
Hello,

[Anchor]
First of all, when Myung Tae-kyun was present at the prosecution, he said that he had never received a single won, although he could check the flow of money. Where is the part that the prosecution should check?

[Kim Kwang Sam]
First of all, there are several things related to the allegations. However, the investigation into this case accused Kang Hye-kyung, who was in charge of accounting for former lawmaker Kim Young-sun, of violating the Political Fund Act. At the same time, we asked five people, including Kim Young-sun and Myung Tae-kyun, to investigate. So, since it was the prosecution's investigation department last time, there is a prosecution investigation department in the prosecution, and there are cases where the prosecution directly investigates, but it was investigated once by the prosecution's investigation department.

[Anchor]
There's not a test there.

[Kim Kwang Sam]
That's right. The investigation department has the same level of authority as a judicial police officer. However, suspicions of nomination intervention related to Myung Tae-kyun, especially related to First Lady Kim Gun-hee, were raised by Kang Hye-kyung. Kang Hye-kyung's claim itself is that Myung Tae-kyun conducted 81 polls before the presidential election and spent about 375 million won there. Then, in exchange for this, Kim Young-sun was asked to be nominated, so First Lady Kim Gun-hee or the president nominated her. So there are violations of the Political Fund Act or the Public Official Election Act. But he acted as an intermediary broker in the middle to nominate him. He intervened in the nomination, and in return, he received 90 million won from former lawmaker Kim Young-sun 25 times. This is a violation of the Political Fund Act. There are many other things, and there was a local election on June 1, 2022. He is suspected of receiving another 240 million won from two prospective candidates who tried to run in local elections. That's why this is also a violation of the law, and then whether you manipulated unpublished polls or how you provided them. He also intervened in the designation of the Changwon Industrial Complex. There are a lot of suspicions. So, you can see that the prosecution is now investigating that in earnest.

[Anchor]
But I was showing you on the screen earlier. When Myung Tae-kyun attended the prosecution's appearance, he strengthened his investigative power to track his account. And when you look at the flow of money in the account, you'll definitely know, what kind of flow was this talking about?

[Kim Kwang Sam]
On the surface, they intervened in nomination, intervened in industrial complexes, and then received money from prospective candidates. So on the whole, there's money involved.

[Anchor]
Are you saying that there were no accounts that went to you?

[Kim Kwang Sam]
There is room for you to borrow a third party's name even if you don't have an account, so you probably know it by looking at the flow of money from your point of view. I don't think there were many things like receiving it in your name. So I ran a future research institute related to the poll, but you didn't do it yourself, but borrowed a third party's name.

[Anchor]
didn't belong to you.

[Kim Kwang-sam]
That's right. But there are testimonies that it was actually Myung Tae Gyun. So maybe he thinks he's free from the flow of money. But the reason why the flow of money is so important in this case itself is that he has conducted 81 polls. So 370 million won, this is Kang Hye-kyung's claim. It cost 370 million won to do so, so you'll find out if you trace the money by tracking the account. After that, former lawmaker Kim Young-sun received a strategic nomination in Changwon and was elected, he continued to deposit half of his salary. The money itself is 90 million won. over twenty-five times Then, I think I can see that by looking at where the money went into the account. As I mentioned earlier, I received 240,000 won from the prospective candidate and 250,000. So if you decided to give a nomination, there must be a history of receiving this money. However, in my opinion, the name can be used under someone else's name, and in some cases, there will be many cases where it was received in cash. That's why cash itself is difficult to track by the prosecution. So maybe that's why you're confident that you'll know if you look at your account.

[Anchor]
Yesterday, I apologized on social media, and I said I apologized a day before the prosecution's investigation. What kind of strategy should this be considered?

[Kim Kwang Sam]
Perhaps he himself talked to President Yoon on the phone, whether it was Kim Gun-hee or not, and whether it was before or after the presidential nomination, then this itself would be a wave. So when you said you were going to be summoned to the prosecution, you said that. I said that I will be impeached within a month. I think the thing you hate the most is restraint. The thing you're afraid of the most. So if you say you have this smoking gun, you will have some effect on the president's office so that you won't reveal your sins and arrest them, I think you were wrong. It's a misjudgment. As a result, didn't you go around various media organizations with Telegram to interview all of them and disclose all of them? But now you must have felt that it wasn't very effective. Rather, this has to reveal the actual truth, so it rather pressured Myung Tae-kyun and acted as a factor that made the investigation more thorough.

Because the public sentiment is so interested in him and there are doubts about him because there are parts related to the president. From the prosecution's point of view, we have no choice but to reveal this properly. Then, as Myung Tae-kyun intended, the strategy of avoiding arrest and not being prosecuted by the pressure of the presidential office has actually collapsed. As a result, I think it's a kind of rhetoric that picks up what you've done so far.

[Anchor]
I haven't revealed it today either, and I think the parts where we talk are in the same context. Also yesterday or recently, it was an atmosphere where I proudly kept talking about things naturally in front of the reporters, but I reacted sensitively yesterday, asking them not to take pictures. What kind of strategy should such things be seen as a shift in strategy?

[Kim Kwang Sam]
That's right. I think I thought it wouldn't benefit me if I revealed it. So, from his point of view, he has to be investigated by the prosecution, so when he continuously reveals something, he thinks that it will come back as a boomerang to himself.

[Anchor]
When I went to the prosecution in February, I was only investigated by investigators, but this time, the investigation team has been reinforced a lot, right? There are rumors that the investigation will begin in earnest as the special investigation team has gathered 11 prosecutors and 4,000 transcripts, but will the results of the investigation come out sooner?

[Kim Kwang Sam]
It's going to take a lot of time. The fact that 11 prosecutors were deployed must have the seriousness and complexity of the case. There are also 4000 transcripts, so shouldn't we listen to all 4000 of these transcripts? So five prosecutors were originally supposed to investigate, but two more and four more were added to make it 11. In fact, whether 11 prosecutors need prosecutors in such cases, and moreover, they violate the Political Fund Act and the Public Official Election Act, but this is actually related to the president and his wife depending on the results, and the more they turn it off, the worse the public opinion will be. That's why it's set up like a special investigation team. In our opinion, why did we set up a special investigation team? Why did we increase the number of prosecutors so much? But if you try to set up a special investigation team, you need to get approval from the Minister of Justice. However, the prosecutor's investigation itself is related to the president and his wife. So if you try to set up a special investigation team, you have to get approval from the Minister of Justice, but in a way, it's almost the same as the president's approval. So, I think the prosecution's idea is to increase the number of teams investigating rather than the special investigation team to thoroughly investigate this case and close it quickly.

[Anchor]
In relation to the president, the relationship with the president and his wife is whether former lawmaker Kim Young-sun's nomination is a price. Former lawmaker Kim Young-sun is also denying this, but what parts of Myung Tae-kyun's investigation today should ask and what parts should be revealed?

[Kim Kwang Sam]
The price is the most important thing. Because the Democratic Party released a transcript related to the president. They are saying that this was compiled or partially edited, but it is true that the president's voice came out. If you look there, Kim Young-sun said, "Please tell me," so the prosecution will have no choice but to investigate that intensively. Then, the nomination itself was just an act that the president made before the election, even though it was a phone call. And even if you did it before you were elected, is this simply an expression of opinion or not? The legal application will change a bit depending on that. But now, Myung Tae-kyun has continued to expose and talk as if the president and his wife are related, but isn't there a change of attitude now? I'm not saying that there was no such thing at all. There was no such thing as a price for nomination. If you look at the open Democratic Party of Korea's phone call related to President Yoon after that, you will know that there was no intervention in the nomination, so I'm sure Myung Tae-kyun has the details of the phone call itself. Then it reveals whether or not they really intervened in the nomination, but I don't think it's that difficult to investigate and reveal it.

[Anchor]
Isn't it that Kang Hye-kyung, who revealed the overall contents, was investigated several times and the prosecution investigated for about 13 hours the day before? And after he came out, he said that Myung Tae-kyun and former lawmaker Kim Young-sun are lying, and that the truth should be revealed. Rather, Myung Tae-kyun demanded about 20 million won for hospital expenses. In addition, the driver Kim said that he demanded a proportional representative lawmaker and that he was threatened.

[Kim Kwang Sam]
So the reason why Kang Hye-kyung does this is that she had an intention. They claim that they are falsely revealing in this way because they asked for money but didn't give it to them. Next, it seems that a person named Kim, the transcript file related to President Yoon, re-recorded the transcript file played by Myung Tae-kyun. But isn't this driver Kim asking for me to be a proportional representative? So I think it's a claim that they're making false revelations like this because they don't do it. So I think Kang Hye-kyung's argument is true to some extent. But the problem is that Kang Hye-kyung didn't see, witness, and experience it herself, but most of them heard from Myung Tae-kyun. So how reliable is this statement itself? In addition, I think that the direction of the investigation may change and the contents of the prosecution may change depending on whether this can be used as evidence or what can be reinforced.

[Anchor]
Let's change the subject. I even said that it was a trial of the century that drew a lot of attention. The divorce lawsuit of former directors Choi Tae-won and Roh So-young, whose property division amounted to 1.4 trillion won. I'm the current director. We hit an inflection point today. The Supreme Court says it will decide whether to reject the hearing, but what is this about?

[Kim Kwang Sam]
The Supreme Court has a lot of cases. Moreover, there are only a few Supreme Court justices. There are more than 10 people. So I can't hear every case. Especially, the Supreme Court is a legal trial. So I don't look into all the facts. So whether there is anything illegal in the case itself, legally. If there is nothing illegal considering that, we dismiss the hearing noncontinuance. So you just dismiss the appeal without hearing it.

[Anchor]
Are you deciding whether the Supreme Court will take over or not?

[Kim Kwang Sam]
Whether to have a hearing or not. Once you file, the Supreme Court will take charge of it, but most of the cases end with the dismissal of non-continuance of the hearing. However, the case of Choi Tae-won and Noh So-young's divorce itself is a housework case. So, whether it's divorce or property division, especially in this case itself, property division is very important. So the Supreme Court actually has very little involvement in that. That's because it's mostly about facts. Therefore, most divorce cases are dismissed by the Supreme Court as non-continuance of the hearing. It's just dismissed within four months. Then it's confirmed by the Supreme Court because it's not heard by the Supreme Court, but unlike the general domestic case, the current Choi Tae-won and Roh So-young divorce cases have a lot of issues.

The view may differ depending on whether this is considered realistic or legal, but I think there are quite a few legal aspects. Among them, the important thing is how much Roh So-young contributed to the formation of her wealth, and this is the issue, but what is controversial now when judging whether she contributed to the increase in value is that President Roh Tae-woo's slush fund was included.

Then, since the slush fund itself is an illegal fund, the question of whether we should calculate this for value formation. Also, even if the slush fund was included, this is not Roh So-young's, but former President Roh Tae-woo's slush fund. Then, should we see this as a contribution from Noh So-young? Then, regarding SK stocks, Chairman Chey Tae-won inherited from his predecessor, SK stocks are unique assets, and to what extent will he acknowledge the increase in value? Because of this, in this case, the Supreme Court must make a judgment on whether it is related to slush funds or unique property.

And personally, I think it's right to refer this case to the Supreme Court because it's not just a judgment by the Supreme Court, but at least social attention is focused and there are many factual issues whether it's a legal issue or not. But I think there's a pretty good chance of that. an all-in-one body If that happens, this precedent becomes a standard. It will be such an important gauge to follow this in lower court trials in the future, so I see it like this.

[Anchor]
If it is handed over to the en banc, we need to look at this issue in more detail legally and legally, right?

[Kim Kwang Sam]
That's right.

[Anchor]
I see. Let's move on to the next topic. The suspect put a brake on the police's decision to disclose his or her personal information, and he is also showing it on the screen in front of him. An active military officer who killed a colleague and then damaged his body and dumped it in the Bukhan River. He refused to disclose his personal information. Do you have a legal right to reject it?

[Kim Kwang Sam]
That's right. There is a law on the disclosure of personal information for serious crimes. According to the law, if you decide to disclose your personal information, the suspect can appeal against it. If you object in writing, it will be suspended for five days. So, if you do it after 5 days, it can be released after that, but the reason for the five-day grace period is that we have released new information. However, even if the suspect raises an objection, it will be disclosed if it goes to a lawsuit, but it will be disclosed right away. Then, even if you go to the lawsuit and the suspect wins, even if you fight and win, it's already been disclosed. That's why we give you five days of grace. So, we give 5 a grace period, and once we suspend it for five days, the suspect applies for a provisional injunction to the court to see whether his or her decision to disclose his or her personal information is illegal.

So, if this is accepted, personal information cannot be disclosed, and it cannot be disclosed until the main lawsuit is completed. As a result, the main lawsuit lasts a very long time. Then we'll suspend it, and I think that officer who is the culprit will file for a temporary injunction for suspension of execution. I would have raised an objection to that. Then, in fact, it takes a lot of time to file a lawsuit on the main issue, so if the application for provisional injunction is accepted, personal information cannot be disclosed and only time can pass.

[Anchor]
I see. That's it. Let's listen to the last song. So far, I've been with lawyer Kim Kwang-sam. Thank you.