[New Square 2PM] Lee Jae-myung-Prosecutor Appeals 'Public Office Election Act'25th, the first trial of perjury teacher.

■ Host: anchor Lee Se-na, anchor Na Kyung-chul
■ Starring: lawyer Yang Ji-min

* 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]
Let's take a look at the events and accidents that have received a lot of attention recently. Case 2, today with lawyer Yang Ji-min. Please come in. Last Friday, Lee Jae-myung, chairman of the Democratic Party of Korea, was sentenced to imprisonment and suspended in the first trial for violating the Public Official Election Act. I submitted an appeal to the court yesterday, but the prosecution issued another appeal today.

[Jimin Yang]
That's right. In general, in criminal cases, an appeal or appeal must be made within a week from the date of sentencing. That's why it seems that he submitted an appeal after considering it. First of all, representative Lee Jae-myung expressed his willingness to appeal immediately after the sentence, saying it was an unconvincing sentence. It seems that the appeal was made within the period, and the prosecution also had no choice but to appeal.

Since representative Lee Jae-myung has appealed, if the prosecution does not appeal and only representative Lee Jae-myung appeals and the case is moved on, we generally cannot sentence the defendant more seriously than the first trial according to the principle of prohibiting the change of disadvantage. Therefore, if the defendant appeals, the prosecution will generally appeal.

[Anchor]
In the appeal trial, a fierce legal battle between representative Lee Jae-myung and the prosecution is expected, so what do you think will be the issue?

[Yang Ji-min]
First of all, the two remarks were a problem, but it is expected that the battle will continue with the remarks related to Director Kim Moon-ki. This is because there is room for the Ministry of Land, Infrastructure and Transport's pressure or intimidation, and this statement to be regarded as a false announcement of the act relatively clearly, so it seems more obvious in comparison. However, in the case of the first remarks, it was a matter of perception, so in fact, some of them were found not guilty, but the prosecution argued that they were guilty. Therefore, not from the prosecution's point of view.

This is a matter of perception, but I can nevertheless argue that I was lying to deny the act that I was not the actor in the case of Daejang-dong or related events. On the other hand, representative Lee Jae-myung said that the photo was fabricated. Since I didn't say exactly that I didn't actually play golf with him, the prosecution actually indicted him based on speculation, and the court also said that such speculative remarks were judged as false information. Therefore, there is a possibility that Lee Jae-myung's side will plead not guilty to the fact that the statement itself was fabricated was actually recognized as a false announcement of the statement that I did not make.

[Anchor]
However, in the case of election law trials, there is a regulation that says the first trial must be completed within six months and the second and third trials must be completed within three months, respectively. How long will it actually take to get to the Supreme Court?

[Jimin Yang]
As you said, we talk about 6, 3, 3. Therefore, in the case of violation of the Public Official Election Act, the law is actually established that the judgment must be made within six months in the first trial and within three months from the date of the pre-trial sentence in the second and third trials. However, due to practical problems, it is very rare for a sentence to be actually sentenced within 6 months or 3 months.

However, even so, since the court has the principle of six, three, and three, it is a little burdensome to vaguely drag it or vaguely extend the period. Therefore, the appeals court and the Supreme Court are expected to try to make a sentence as soon as possible. It may be difficult to keep it within this deadline, but nevertheless, it is more likely to be sentenced in a much shorter time than that it will generally take more than three years or four years to the Supreme Court.

[Anchor]
So, the regulations say that the Supreme Court should come out within a year, but it took two years and two months to be sentenced to the first trial. And next week, so it's next Monday, on the 25th, the first trial of the Lee Jae-myung's perjury teacher case will be announced, but in fact, the court did not allow the public election law trial to broadcast it live, but now this trial is not allowed to broadcast it live.

[Jimin Yang]
That's right. In the case of this trial, there was a high prospect that live broadcasting would not be allowed. Because it's not a different court, it's a court of the same central district court. Only the court is different, but in fact, it can be seen as a structure under the same court chief, so some cases are broadcast live and others are not? Despite being in the lower level of the first trial, there should be a clear reason to make such a difference, but there is no reason to watch it live. That's why it was predicted that the same court would not allow live broadcasting as long as it was a sentence.

Legally, even if it is a lower court, even if the defendant opposes it, if the presiding judge judges that there is a public interest or that it is in the public interest, a live broadcast decision may be made. But it's still a first trial sentence. And of course, it is such an event that receives a lot of public attention, but it seems to be disallowed because it is a little unreasonable to say that it meets the public interest.

[Anchor]
The main point is that the first trial of the perjury teacher case, which will be held next Monday, demanded false testimony from major witnesses in past trials. Shall we take a closer look at the case?

[Yang Ji-min]
First of all, when Lee Jae-myung was governor of Gyeonggi-do in 2018, he appeared at a TV debate and said, "I was fined 1.5 million won for impersonating a prosecutor in the past, and I was framed." However, the accusation is filed because this statement is not true. So, in fact, under the election law, he was tried for false disclosure of the same charges. However, in the course of the trial, I would like to call a person named Kim's accompanying secretary and hear how I would like to hear.

So, they ask me to tell them as it is, but they actually sent them the summary of their arguments, and as a transcript containing these things was discovered, the battle has continued intensely over whether or not they can be viewed as a perjury teacher. In the end, testimony was made by a person named Kim's performance secretary, and in this case, representative Lee Jae-myung was found not guilty. That's why we've been debating whether this perjury influenced this testimony and led to the final judgment of innocence, or whether this testimony can be viewed as perjury. We are about to be sentenced for that.

[Anchor]
You are watching the recording of the phone call with Kim Jin-sung, the secretary of execution who said that, and if you see the first words of CEO Lee Jae-myung, please just tell me as it is. Representative Lee Jae-myung and the prosecution seem to have a completely different interpretation of this statement.

[Yang Jimin]
That's right. Of course, you have to listen to the entire recording to make a judgment, and the investigative agency has secured the entire recording, and the court will make a judgment based on the entire recording. However, if you listen to a part of the recording, it seems that there are parts that can be interpreted favorably by representative Lee Jae-myung and some that can be interpreted favorably by the prosecution, the investigative agency. So just as it is, by bringing back memories. This may actually be seen as favorable to CEO Lee Jae-myung, but I will organize the summary of the argument and send it to you.

And in the case of the mayor at that time, he died anyway, and the aspect of continuing to talk persistently, saying that it was an old thing, is consistent with what the investigative agency claims. That's why the court still has a judgment on whether or not to consider this as perjury by putting more weight on it.

[Anchor]
However, Kim Jin-sung, the secretary of performance who was pointed out as the perjury party, admitted most of the charges from the beginning of the trial. Wouldn't this be a big variable?

[Jimin Yang]
Therefore, the investigative agency is now suspected of Lee Jae-myung as a perjury teacher, but in the case of a perjury person who received a teacher, he admitted the charge, and even he felt that he was a perjury teacher, and he gave perjury accordingly. That's why I'm arguing that this is just the legal requirement that perjury teachers talk about. Representative Lee Jae-myung's position is that I asked him to recall his memory and tell me the truth, but it is based on what Mr. Kim felt, and I have never taught such a teacher.

[Anchor]
Regarding the perjury teacher charge, the prosecution asked the court to sentence Lee Jae-myung to three years in prison in a final trial last September. This three-year prison sentence, the maximum sentencing standard of the Supreme Court for perjury-related crimes?

[Jimin Yang]
It was his position, that is, when he was governor of Gyeonggi-do, that the investigative agency judged that the quality of the crime was bad. That's why you used your position because you're doing your job and using it to make these remarks, and you're not confessing. He is innocent and is pleading not guilty. That's why it's a bad crime. Since there is no mechanism of reflection, it seems that the maximum value in the sentencing standard was requested for three years. The court, of course, will consider these factors in sentencing.

So the sentencing criteria are basically June to a year and a half in prison, and if there's a weighting factor, so I used the status I mentioned.Whether that's why you pressed the subordinate, or you're not self-reflecting and you're not confessing, it's a weighting factor, so the maximum is three years. And since it has a standard of 10 months to 3 years in prison, it seems that the court is also considering it a lot.

[Anchor]
Suspended imprisonment in the first trial on charges of violating the Public Official Election Act. I got a higher sentence than I expected, what do you expect this time?

[Jimin Yang]
First of all, if you look at the case of violation of the Public Official Election Act and the case of perjury teacher now, the sentencing standard for these perjury teacher cases is higher. This is because the sentencing criteria are lower as there were many predictions that a fine would be possible in case of violation of the Public Official Election Act. However, as I said, in the case of perjury teachers, the basic is June to 1 year and 6 months in prison.

That is why there are not many things that can be taken into account as an advantageous factor in sentencing in such a situation where the court also denies the crime. So, I don't know if I'm innocent as representative Lee Jae-myung claims, but if I'm found guilty, I think I'll be very disadvantageous in sentencing.

[Anchor]
Another question is that representative Lee Jae-myung respects the judges today. I said at today's meeting that the independence of the judiciary should be thoroughly guaranteed. Could these comments have an impact?

[Jimin Yang]
Well, it is difficult to say that a politician's remarks are attributed to the judiciary, no matter what effect it has. First of all, everyone should respect the judgment of the judiciary. If you say you can't acknowledge this, that's why everyone has the opportunity to go to the second and third trials. Therefore, it is still a judgment of the first trial, so it is understandable to say that some opposition is made or that I cannot accept this in terms of recognizing one's rights. However, if this is confirmed and a final judgment comes out, I think it would be better for anyone to maintain an attitude of accepting the result. I think emphasizing the independence of the judiciary emphasized such principles in principle.

[Anchor]
Some said that the perjury teacher case could be a bigger crisis for Lee Jae-myung, but we will have to wait and see the first trial sentence next week. Before we move on to the next topic, let's watch the video we prepared. The case of tracking down large delinquents who have the ability to pay taxes now has been revealed.

[Jimin Yang]
That's right. First of all, as you said, you have enough ability to pay. And in general, the National Tax Service or the additional collection agency does not rush into the house and collect additional collection like that. In general, because there is this much tax through litigation, they are told to pay, so they are judged to win, and they try to execute the property, but they are actually unable to execute it, so they go home and search through the drawers like that.

These are scenes in which people who conceal their property even though they have the ability to pay, and cases of expedient transfer of property to their families by establishing false registration or collateral security, and various delinquents living in luxury visit their homes and collect them.

[Anchor]
It is said that the method of concealing property is becoming more and more sophisticated. What are the examples?

[Jimin Yang]
First of all, virtual assets, many people are interested in these days, and there is also a method of transferring money to family members and other names through virtual assets. In principle, it is most common to return it to another name of the family because the National Tax Service cannot collect such additional taxes, except for the payer who is supposed to pay taxes, that is, the person in the name. And it is false registration in the name of the spouse.

Even though I don't have the money to pay, it's a way of arguing that I can't pay back taxes because I spent all my money paying off my debt and I can't pay my taxes right now. Or if you put it in an account in your child's name or an overseas insurance product in your spouse's name, that is, Korean insurance, or an account, this could actually be a problem. However, in the case of overseas, there was also a case of stealing it as an overseas insurance product because there was such a difficulty in tracking it through another step.

[Anchor]
I think there are various ways to hide cash in the house. We saw it on video a while ago, but we hid it in a kimchi container. I only have kimchi in my kimchi container, but cash poured out over there, and I think it's a very hard work to find it, thinking that there will be money here and there.

[Jimin Yang]
That's right. And if we turn it around, the person who hid 200 million won in the kimchi container like that predicted that this would be a problem one day and that someone would come into my house. That's why you put it in a kimchi container and trick it as if it were kimchi, not in a safe or something that you generally think of. So, there are cases where you put a bundle of money or a gold bar in a kimchi container.

When I opened the drawer, there was a case where a bunch of money poured out. And we used to put expensive art in a box, but when we say art, they hang it at home or display it anywhere, and because their only purpose is not to pay taxes, they put it all in a box and hide it in the deep.

[Anchor]
Not only is it hidden everywhere like a treasure hunt, but the strong resistance of delinquents is also making it difficult for civil servants. Let's watch a related video and talk about it. He's talking informally and swearing. Isn't such a rough act a legal problem?

[Jimin Yang]
It could be a problem. In that case, the family was holding a weapon. So this can be seen as a clear obstruction of justice. In addition, if an act such as a weapon or an act of harming a public official through a physical fight occurs, additional injuries or assault may be established. And if you say something insulting through swear words, you can even establish a crime of insult. What should be noted here is that there is no legal perception in itself that even though he is actually wrong and he is a criminal who committed a crime, he actually threatens with a weapon while shouting so proudly, which seems to be causing a very moral hazard.

[Anchor]
You literally just saw the red card, and in fact, the tax collected by the National Tax Service by October this year is 2.5 trillion won. It is expected to record the highest collection ever, and this is actually a large amount, but the money that has not been collected is still over 100 trillion won?

[Yang Jimin]
That's right. I felt the same way. I thought that 2.5 trillion won in taxes had been collected by October this year, but considering the amount that could not be collected and more than 100 trillion won, it seems that a small portion of the tax could have been collected like that. In 2021 alone, the cumulative arrears were 99 trillion. However, the following year, it exceeded 100 trillion and steadily exceeded 100 trillion.

As of June 2024, it is 107.700 trillion won. In fact, it doesn't seem realistic to think that all arrears can be collected for over 100 trillion won, and if we consider the fairness of taxes paid by everyone, we can set the value of fairness.

[Anchor]
I think there will be cases like this. So if a defaulter who didn't pay taxes to the end gets older or gets sick and dies, what happens to the taxes he didn't pay, what happens to the money?

[Jimin Yang]
This is the problem. If you endure like that, it's actually very inconvenient to live, and it's actually very difficult to open an account under your own name.

[Anchor]
It can be seized.

[Jimin Yang]
That's right. That's why you have to live as if you are there or not. Even though it's very inconvenient, why do they stick to those things? Literally, if I die, the money can go directly to my children. Because when inheritance occurs, children can give up inheritance or grant limited approval. In the case of abandonment of inheritance, it means that I will not inherit anything from the heir, and I will not receive anything from the heir, so in fact, this is just giving up, so I cannot collect the debt.

The limited approval also means that if I pay off all the debt and only the debt is left, I won't receive it, so no matter how much tax it is, it can be nothing. That's why I think we need to adjust this part legally and institutionally.

[Anchor]
I just saw the National Tax Service employees collecting money from delinquents, and the National Tax Service asked citizens to report actively.

[Jimin Yang]
That's right, because the general public doesn't know this, but in the case of these people, there are a lot of cases like actually running a business and processing cash or borrowing someone else's name and processing money in a roundabout way. Because you can't reveal yourself as the title holder. That's why, in fact, if you find this roundabout cash flow, or if you're asked to do an unfair cash transaction or name lending, there may actually be a tax problem, so we're actively asking you to report it.

[Anchor]
As fairness should be established in this society, if you look at such cases, you should actively report them. Let's move on to the last topic we prepared. Let's watch the related video first.

[Anchor]
It was just yesterday. An electric car stopped in the middle of Gangnam, Seoul, crashed into a restaurant building. What's going on?

[Jimin Yang]
First of all, the car was stopped on the road. Passers-by were walking around there because there was a sidewalk. However, the stopped car suddenly rushed into the shopping mall, and it turned out that the driver was changing his shoes. And since he claims that the car suddenly rushed forward in a situation where he was an auto hold, he is now trying to figure out whether this is a vehicle defect or what kind of driver's fault it is.

[Anchor]
Then, I think we need to know what kind of setting this auto hold is in.

[Jimin Yang]
In general, in the case of a vehicle with an auto-hold function, when the auto-hold function is turned on, this auto-hold function holds the brake system even if I keep pushing the brake, so even if I take my foot off the brake pedal, the car continues to be in a brake state if I do not push the accelerator pedal. So, in general, there are a lot of people who drive with an auto hold on.

In the case of the accident vehicle, the driver claims that the auto hold function was on and stopped, so this should be considered a parked situation, but the brake is in place, and suddenly the car came loose and rushed, and the police naturally identified it as drunk driving at the time, but it is believed that it was not drunk.

[Anchor]
Auto hold is another issue, and four pedestrians were hit by a car in this accident. Have they been informed of their status?

[Jimin Yang]
Four pedestrians were injured, but fortunately, it is not a life-threatening situation. Nevertheless, there are pedestrians who have suffered fractures because they have directly collided with the vehicle. First of all, all four people have been taken to the hospital, and pedestrians are talking about the fact that a stopped car suddenly rushed into the street, which is somewhat consistent with the driver's statement and the pedestrian's statement.

[Anchor]
So, as far as I know, auto hold is actually an auto hold that gets caught in the driving gear, that is, D, but if you step on the accelerator in that situation, the auto hold will be released. So I think the police are keeping this possibility open. Therefore, it will be booked after checking whether it was negligent. So I think I'm talking about this negligence.

[Yang Jimin]
That's right. Because the driver was in the vehicle at the time and dropped off the passenger. So I was riding alone. What were you doing? He said that he was changing his shoes in the driver's seat. So, if you do an auto hold, as you said, it shows the effect of applying the brake while putting the drive, that is, the auto hold, which is, the effect of putting the brake on the driving gear, and the driver didn't mean it because I said I was changing my shoes, but didn't you accidentally touch your feet and step on the accelerator pedal wrong? That's why we're looking at the possibility of the car moving forward as the auto hold function has been released.

If this is true, occupational manslaughter may be applied under the Special Act on the Handling of Traffic Accidents, which is generally applied to traffic accidents. Therefore, there are no deaths now, so the investigative agency is first figuring out the application to the crime of professional negligence.

[Anchor]
It's a different case from the claim of sudden acceleration. This is the first time I've seen it, but it's either the driver's fault or the vehicle's problem. How long will it take to find out if this is the case?

[Jimin Yang]
In fact, you might think that it's okay to analyze the vehicle's record, but in fact, looking at the vehicle record when we generally have a big accident is recorded on the vehicle with a certain impact. I also think it would be difficult for the investigative agency to prove it alone if there was no help from the manufacturer or expert.

That's why, in addition to the investigation of the vehicle, the driver's statements at the time and the black box of the vehicle are probably there, so we're going to make a decision whether it's really the driver's fault or whether we're going to hold the manufacturer accountable by asking the manufacturer for defects.

[Anchor]
In fact, the victims and those who were damaged by the building were suddenly attacked, so what happens to the compensation problem?

[Jimin Yang]
In general, traffic accidents were not actually drunk, so it seems that insurance can be handled for now. However, if it was the manufacturer's responsibility after the insurance company spent money compensating for these damages, you can conceive this with the manufacturer. If the driver's negligence is large, in addition to insurance treatment, if the degree is serious, there is a possibility that the driver may conceive some of it if there is some gross negligence.

[Anchor]
I see. So far, we have looked at major issues with lawyer Yang Ji-min. Thank you for talking today.