Park Sang-soo said, "尹 made all the contents of the statement an issue...There's a strategy for "delaying the trial."

Seol Ju-wan

- 尹 discourse only buried cowardice

- What's left of the 尹's head is the 'undemocratic constitution'



Park Sang-soo

- 尹's statement aimed at rallying far-right insurgent forces

- The 尹's statement raised the national risk.

◆ [YTN Radio SHINYUL's news]
■ Broadcasting: FM 94.5 (17:00-19:00)
■ Air date: December 12, 2024 (Thursday)
■ Proceedings: Shin Yul, Professor of Political Science and Diplomacy at Myongji University
■ Lawyer Park Sang-soo, lawyer Seol Ju-wan

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Shin Yul: Shin Yul's news head-to-head match today's fourth part is Justice League. It's time to think about the legal definition of politics in our society with two lawyers. There are two lawyers out right now. Let me introduce them one by one. First, lawyer Park Sang-soo is out. How are you?

■Park Sang-soo: Hello

◇ Shin Yul: And lawyer Seol Joo-wan.

□Seol Ju-wan: Hello

◇Shin Yul: President Yoon made another public statement this morning, and I was at this time. I was really surprised. What's the announcement? It's surprising. How did you see it? First, lawyer Seol.

□Seol Ju-wan: I also had a broadcast this morning, so I suddenly watched it during the live broadcast. Representative Han Dong-hoon made another announcement right before that, and the president's statement was pre-recorded anyway, so it was aired after that, but as everyone felt, I felt the same way. I really thought that the expectation would not be received that much except for voluntary resignation, but that feeling was not the opposite at all. He was talking about the reason why he had to do martial law, but he only lied about it. Only the cowardice was buried, and the last word was that he would fight with the people until the end. .

◇ Shin Yul: But I'm really curious about who the people refer to there.

□ Seol Ju-wan: Only a few supporters who support themselves. Fraudulent electioneering. I think I've given orders to them. It's really not worth it, and once again, I really can't put the word "president" on it anymore. Call it afterwards

◇ Shin Yul: Representative Cho Kyung-tae said that today, and now he will call himself Yoon. Representative Cho Kyung-tae said,

□Seol Ju-wan: If it's passed on Saturday anyway, you'll be excluded from your position anyway, so it doesn't mean you'll be removed from your position. I've always given you the title of president on broadcasts, but I'm honestly too shy to put it on now. I'm embarrassed.

◇ Shin Yul: How did you see lawyer Park Sang-soo?

■Park Sang-soo: That's why our party has a little extreme power. The Democratic Party, the progressive camp, and the left wing have some of that, but there is a so-called far-left force, and if you look at it, you can say that it is so-called far-right ferociousism, which is viewed mainly by far-right YouTube. aimed right at this far-right ferociousism

◇ Credit: The President has taken aim at far-right ferociousism. Are you thinking like this?

■Park Sang-soo: I think it was aimed at. Today, I think it was a remark that properly united and influenced those targeting far-right ferociousism. As a result, I think the national risk has actually increased with today's remarks. The far-right rascals are incredible. If you look at it like this, that's why if they start acting, the national risk could be a little higher. However, if you look at the content of his remarks, he has finally begun his defense. That's how I see it. So I watched it with two other lawyers at our company today. Three lawyers saw this together, and the feeling we had earlier started pleading, and now it was clear what to do. It is a strategy to delay the very ruling made by representative Lee Jae-myung and representative Cho Kuk. I just started this. So, if you look at it now, representative Lee Jae-myung is supposed to go from the Public Official Election Act to the Supreme Court for a year. The law says that it should be done as well. But how long did the first trial take? Didn't it take more than two years? But what the process was like is that you make every argument you can and you make every argument you can, and you keep making the arguments cross. Lawyers can tell when they see it. When you create an issue by making it cross, and you argue for an issue, time passes while you fight for it. So, the day after tomorrow, I think the impeachment will be decided. When the impeachment prosecution is voted on, it goes to the impeachment trial. After going to the Constitutional Court and passing on to the Constitutional Court's impeachment trial, I made all the issues to contend with then today. So, I made all the statements today that are the opposite of the testimony from the Special Forces Commander. What is this? There's an issue now. Then we'll go to the Constitutional Court and argue with these issues. Then, the Constitutional Court's trial period is 6 months by law, but even if it is said that this should be done, all of these things are applied as a rule of instruction in Korea. So I'm going to do it for a very long time.

◇ Shinryul: You mean that the rules of admonition are a little hard to say, so you don't have to comply with them, right?

■Park Sang-soo: Yes, so the intention to prolong the time was revealed today because we are going to argue over these issues, and in fact, all the lawyers in our party who watched it together today felt that the impeachment trial would be very long.

◇Shin Yul: But our lawyer Park Sang-soo said that, and what I'm curious about is April 20th. In April, two constitutional judges will retire. But these two are for the presidential nomination. But even if the constitutional judges are filled again now, wouldn't the two of you try to proceed a little faster from the perspective of the Constitutional Court in order to make this controversial because it will fall out in April? How do you see it?

□Seol Ju-wan: I'm going to finish it within April, but I don't know. No matter how quickly the Constitutional Court tries to proceed with this, there is at least a preparation procedure, so it cannot be forced to drag it. Therefore, if you say as lawyer Park Sang-soo said, you can extend it for two years, but you can extend it throughout your term, but I don't think it will go that far, because the Constitutional Court does not question whether you are guilty of rebellion. It's a political justice system anyway. Therefore, we will only question whether it is a violation of the Constitution or not, whether it is a violation of the Constitution, or whether it is a violation of the Constitution and the positive law in relation to the declaration of emergency martial law. The existence of rebellion should be confirmed by investigative agencies and courts anyway, and when there are illegal contents in the middle, the National Assembly's prosecution committee will probably submit them to the Constitutional Court as evidence. It's about making judgments based on such testimonies and such content. That's why even if we look back to the days of President Park Geun Hye at the time, we didn't judge President Park Geun Hye's crimes at the time. The Constitutional Court judged that his duties as president were unconstitutional and illegal in connection with such manipulation of state affairs. If that's the case, it could end unexpectedly soon. April may be a little difficult, but once it is passed this Saturday, the Constitutional Court will have to appoint the remaining three people by the end of this month. I think there will be considerable pain in this regard as well.

■Park Sang-soo: Let me tell you a little bit about this, the biggest difference between President Park Geun Hye and President Yoon Suk Yeol now is that President Park Geun Hye did not do much defense. I acknowledged all the legal defenses. Nevertheless, it took three months for the impeachment and the Constitutional Court to decide. Nevertheless, if you look at it today. There was also a fact that he was not a crime of rebellion, but a high-level act of governance is something like this, so the part that disputes whether it is unconstitutional continues to be very elaborately, so he showed that he was a lawyer. So, in my opinion, CEO Lee Jae-myung and CEO Cho Kuk are both lawyers and one is a law professor. As a result, it was possible to turn it off like this, but President Yoon Suk Yeol was also the prosecutor general, right? So it's possible to turn it off. It can be over there where you can judge, but President Park Geun Hye was not a lawyer, and it was his first time to do so, so it took him three months to admit almost everything. If you look at it now, there are only six people in the Constitutional Court compared to then. It takes a month to be configured. So I'm just going to spend December in that configuration. I also need to do a confirmation hearing. Now, starting in January, it will not be finished until April even if it is based on Park Geun Hye's presidential standards. So it won't end until April. It recognized all of President Park Geun Hye, and in fact, President Park Geun Hye put everything down and received it at that time. There was almost nothing to deny and there was nothing to argue about legally. But this time, President Yoon Suk Yeol intends to fight every issue like Representative Lee Jae-myung. If you look at all the issues in today's discourse, everything is an issue for a lawyer. It's all an issue. So I pointed out all the issues one by one. So today, I'm going to fight with this. The litigation strategy was actually half revealed today, and if this happens, two judges will retire in April. Then it's a little hard to recommend acting as an authority. There's another controversy. Then we'll do it with 7 people, right? You have to take a good look at the current composition of the Constitutional Court, but you can do it with 7 people, but President Park Geun Hye also had 8 people, so if you do it with 7 people. President Yoon Suk Yeol will return if only two judges reject it. I don't know if there's any difference in schedules like this, but I think martial law was a little sloppy. But this part of the Constitutional Court in the back is surprisingly quite sophisticated. From a lawyer's point of view, this is quite sophisticated.

□Seol Ju-wan: But will that be advantageous for the power of the people now?

■Park Sang-soo: It's not advantageous at all. That's why I'm telling you. So, the reason why we talked about the presidential election earlier than impeachment in the first place is that CEO Han Dong-hoon is also considering this to some extent, but since he is a lawyer, I think CEO Han Dong-hoon is the fastest to review this. After that, the Democratic Party of Korea and Representative Lee Jae-myung wrote the impeachment trial bill, so I don't know if this is trying to impeach or prevent it. I wrote everything, but it's all an issue. For example, what would you do if you moved away from China? What would the lawyers do over there for the president of Yoon Suk Yeol? Let's call the Korean ambassador to China. I'll call the consul general in Beijing. Let's bring in the Korean Consul General. I'm applying for all the witnesses. Then, I ask them one by one whether they have moved away from China. So CEO Han Dong-hoon already knew about this. In that respect, it is a constitutional amendment to shorten the term of office faster than impeachment. I was talking about that method, but in the end, if the impeachment trial was prolonged, it didn't work at all. That's why the Democratic Party hasn't caught up to this point yet. I didn't think of it. But now that the impeachment trial is becoming a reality, the Democratic Party also feels it these days. I think it's going to be longer than I thought.

□Seol Ju-wan: He'll probably clean up. As far as I can see, the prosecution was written right after this emergency decree. It was almost written the next day, but it probably couldn't be left to lawyers in the party all night or outside. In terms of time, I think lawyers or lawmakers in the party probably wrote it quickly. I think that's why lawyer Park Sang-soo pointed out that it hasn't been organized a little bit. I think it's okay to focus on this emergency rule.

◇ Shin Yul: But first of all, I can summarize President Yoon's story today with just four. The first martial law is my own high degree of governance. The second thing is that it's a warning martial law. And the third is that I have no intention of stepping down. One by one, it's a high degree of governance. I have a question. If this is a high-level act of governance, will the president be able to do emergency martial arts if all presidents want?

■Park Sang-soo: So this is the theory of governing behavior. I went to college in the early 2000s and now law school in the 2010s, but in the early 2000s, textbooks included some of the theory of governing behavior. In the Constitution and administrative law textbooks, when President Chun Doo-hwan was like this during the Park Chung-hee administration, there were many times when the president did something like that due to the theory of governing behavior. There is no judicial judgment on emergency measures or anything like that. These precedents were accumulated, so there was this, but as Korea has now gone through democratization, the president's actions have begun to change to be judged by the judiciary. So in the early 2000s, few professors were mentioned in textbooks and talked about them, but when I went to law school in the 2010s, it almost completely disappeared as an act of governance. The professors didn't tell anyone about it, and they treated textbooks almost as historical artifacts. That's now the reason why there is one case in 79 that recognized the act of governance. I think I'm talking about that precedent, but in 1997, the precedent was changed that even a high degree of political action in the case related to December 12 and May 18 is now subject to judicial review in the act of national constitution. So because of those things, governing is no longer applicable, but when President Yoon Suk Yeol was studying, governing was very important in the Constitution.

□Seol Ju-wan: Because you're a 79th grader. I think what I felt this time is that the president does not know the so-called '87 Constitution of the 9th Constitution of the Constitution. Before that, I thought that the 8th Constitution or the 7th Constitution during President Park Chung-hee, the constitution, the slightly undemocratic constitution that I attended in high school and college, might remain in my head, and the same is true for the act of governance. A common name can be accepted. Of course, this is an imperial power right that has not been clearly separated from the modern system, and when we recognize the authority of a president, isn't there something that can't be subject to judicial review, especially amnesty or diplomacy? However, the act of governance basically means that it should be used within the Constitution and the positive law. You can't go beyond that law. For example, the requirements for martial law have become perfect if I want to claim governing behavior in relation to the constitutional amendment. Oh, is this a war or an international war has occurred, and for example, there is too much agitation in which area is too big to control. When security collapsed, this is the governance theory. This is not the decision stage, but it is not the theory of governance that it cannot be judicial review to make an unconstitutional illegal decision even though I did not meet the requirements while breaking the requirements. So what the president is saying is that he is misapplying the theory of governing behavior or over-thinking it.

◇ Shin Yul: Will this be recognized as civil war if I go to trial? Will he be the second president in custody? What do you think?

■Park Sang-soo: Insurrection must be acknowledged. Today's remarks are actually like saying that you ordered everything, so this will actually be the weakest link. In fact, in the trial related to Lee Jae-myung, the issue is whether or not the representative Lee Jae-myung knew about the remittance to North Korea. But I just talked about that today. So, I think civil war will be recognized, but there is a little bit of concern between the arrest team and the bodyguard when you try to arrest someone. So, the conflict is a little worrisome, so I think a lot of things have changed as of today in terms of having a clear legal basis for this and arresting and arresting us.

◇ Shin Yul: Yes, I understand. 설변호사님

□ Seol Ju-wan: It's hard to confirm the crime of rebellion.Ma, if you look at the statements made by some of the commanders of some of the generals who were active underneath them at the time, the president gave directions. Bring down the Members of Parliament. What was that for? They were trying to make it impossible to call for martial law to be lifted. It seems to me that the requirements for treason fall precisely because it is intended to neutralize the National Assembly. And regarding personal arrest, I think I will file a warrant if impeached. However, there is a high concern about destroying evidence. Then, even if there is no fear of escape, how to judge this part when he resigned from his position as president, but when all past presidents were investigated, they were investigated while they were arrested.

◇ Shin Yul: I see. Let's stop here. Thank you. So far, we've been with two lawyers, Park Sang-soo and Seol Joo-wan.