[News Fighting] Shinpyeong, "Democratic Party of Korea rushed impeachment proceedings...Possible decision to dismiss impeachment"

[YTN Radio News Fighting]
□ Broadcast: FM 94.5 (07:15~09:00)
□ Broadcast date and time: December 16, 2024 (Monday)
□ Host: Kim Woo-sung PD
□ Castor: Shinpyeong Lawyer

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

[YTN Radio <News Fighting]> Please reveal that it's about the interview.

◆ Producer Kim Woo-sung (hereinafter referred to as Kim Woo-sung): Yes, the only news channel in Korea, YTN Radio News Fighting! Part 3 will begin. On Saturday the 14th, the National Assembly passed an impeachment motion against President Yoon Suk Yeol. The ball has now been passed to the Constitutional Court. The unconstitutional illegality of emergency martial law declared by President Yoon will be addressed as a major issue in the Constitutional Court's impeachment trial. I was a judge in this regard. I served as the president of the Korean Constitution. Also, the people know how President Yoon feels well. Let's connect lawyer Shin Pyeong and listen to the story. Hello, lawyer.

◇Lawyer Shinpyeong (hereinafter referred to as Shinpyeong): Yes, hello. Thank you for your hard work.

◆ Kim Woo-sung: Now, President Yoon Suk Yeol did that before impeachment. Even after passing the impeachment bill, they are in the same position, but they say that this is a high-level act of governance and is not subject to judicial judgment. What do you think?

◇ Credit: I don't know. The word governing is a little twisted in the times. In this regard, the position of the Supreme Court and the position of the Constitutional Court are slightly different. It will take a considerable amount of time to explain this problem again. But anyway, we can look at it from that point of view that the act of governance is a little old idea.

◆ Kim Woo-sung: He said, "Yes, the act of governing is a little old idea." President Yoon Suk Yeol said that he would never give up, and that he would comply with any investigation if it was a trial. Should I understand that there is enough content to argue with? What do you think?

◇Confident: Well, that's right. This impeachment trial has a number of important issues to contend with in terms of jurisprudence or the recognition of that fact. With more time to spare on these issues, the issues will be revealed through the handwriting process, and the issues will need to be judged one by one.

◆Kim Woo-sung: Yes, the most important issue is whether this emergency martial law is unconstitutional or not. You also served as the president of the Constitution. The Constitutional Court has yet to make a ruling, but what do you expect?

◇ Credit: I don't know. In my view, this is not a possibility that the impeachment prosecution will make a decision, but it is a very faint possibility. The quote whether this is going to be cited or rejected is now the dismissal of the president, and the dismissal is now the dismissal of the impeachment. I think that's the key point. President Yoon made a public statement on December 11th. You explained various things about the situation at the time of emergency martial law, but as you said, this is not the kind of emergency martial law that we think it is, but rather a soft and weak martial law. Then, violence was not disorderly at any time, and then this is not a serious offense in the job. This is the standard of impeachment trials that our Constitutional Court is currently taking. Depending on whether there is a serious misconduct in the job, the Constitutional Court will decide to dismiss it, but there is much room for it to be considered that there was no serious misconduct in the job. However, Kim Eo-jun said on the show that if the media reported now, the pattern of widespread violent suppression was probably recognized by this evidence and there was even a plan to kill a specific person. I told the National Assembly on the air that if it is admitted, this would be the very quote without any more excuses.

◆ Kim Woo-sung: Yes, there is also a judgment on how to view the situation in which armed special forces soldiers have entered the National Assembly, but you also mentioned your decision before. The president's dismissal is the dismissal, and the dismissal is the return to the presidency, but your Excellency does not deal with this case. Usually, we know this. In what cases do you mean that you can be Your Excellency?

◇Credit: Well, The fact that the Democratic-led impeachment process violated the national interest by presenting a deeply unjustified figure, Han Deok-soo, as the interim head of state ahead of profits with political interests trying to make the case too soon raises questions about the legitimacy of the prosecution process. In this case, if the prosecution procedure is admitted to have violated the law, the Constitutional Act or the Criminal Procedure Act can decide to dismiss the prosecution. Let me tell you one thing briefly: Prime Minister Han Deok-soo is a very inappropriate person to serve as an interim head of state to act as an acting president in our constitutional view. First of all, he accused the Democratic Party of rebellion. On December 8, he visited the People's Power Party and announced a statement with Han Dong-hoon that he would suspend the president's authority and jointly run state affairs. This is a violation of the Constitution and a serious violation of the Constitution. The Democratic Party also condemned this as a second act of rebellion. To have someone like this as the interim head of state raises considerable questions about the legitimacy of this overall prosecution process.

◆Kim Woo-sung: Yes, it is pointed out that there are various problems with the situation in which Prime Minister Han Dong-hoon and Han Deok-soo came as acting president, but prosecution proceedings.

◇ Credit: This is a serious problem. So, for the DP, the people's power and the ruling and opposition parties at the time should have agreed to resign Han and appointed a new prime minister through bipartisan consultation so that he could act as acting president. I think this is a serious mistake that cannot be overlooked under the Constitution.

◆ Kim Woo-sung: If we talk a little more about the aforementioned dismissal, who will file a legal violation of this impeachment proceedings and who will judge it, but who and how will file it? in the event of his dismissal

◇Credited: The president, the respondent's side, has now raised an objection to this and the Constitutional Court has judged it.

◆Kim Woo-sung: Yes, President Yoon Suk Yeol may raise various issues with your Excellency in mind just because there is a problem with this procedure. That's what it was about. In many ways, the Constitutional Court is currently in charge of impeaching the third president, and he has argued a lot that the system of Prime Minister Han Deok-soo is not appropriate. If you say so when you talked about the alleged participation in the rebellion, are you judging that this rebellion itself is actually a fact?

◇Confident: No. In any case, Prime Minister Han Deok-soo is such a problematic figure, and it is an act of national constitution that Han made such a statement with party leader Han Dong-hoon on Dec. 8 when an acting prime minister visited the People's Power Party. This is an act that cannot be overlooked, and some Democrats criticized it as a second act of rebellion. It doesn't make sense to have such a person as a temporary head of state. Under our Constitution, this is something that should be pointed out clearly.

◆Kim Woo-sung: As I said before, the Democratic Party said it is a position to watch the results of the investigation. First of all, Prime Minister Han Deok-soo is currently running state affairs as an acting president, and we are also interested in whether he will exercise active presidential authority such as the right to demand reconsideration. The Democratic Party of Korea says it won't and shouldn't, what do you think, lawyer?

◇ Credit: I don't know. The Democratic Party of Korea continues to say that unilaterally, but isn't there a precedent for exercising such a veto right after the Roh Moo Hyun or the impeachment of President Park Geun Hye? I don't think you should keep saying that with such a political intention.

◆Kim Woo-sung: It's a political intention. The Constitutional Court currently has a six-member system. The National Assembly is now saying that the three candidates for the Constitutional Court are now ready and will decide within December. In view of this situation, do you judge that there is no problem with the operation of the Constitutional Court?

◇ Credit: No problem at all. Moreover, in October, wasn't the suspension of the validity of Article 23 (1) of the Constitutional Court Act, which states that a hearing can be held only when there are seven or more judges, a provisional disposition?

◆Kim Woosung: Yes. Lee Jin-sook, chairman of the Communications Commission.

◇Credit: No problem at all.

◆Kim Woo-sung: Earlier, you pointed out that there is an important issue such as not being qualified as acting Prime Minister Han Deok-soo. If the lawyer sees it, then the ruling and opposition parties should agree on who is the prime minister to act as president. Do you have this kind of relief?

◇Confident: Oh, I'm not sure. Isn't this past?

◆Kim Woo-sung: Yes, it's past now. Then, he told me a lot earlier about the constitutional decision. You've talked extensively about your Excellency, but the current and former intelligence commanders of various intelligence agencies are now being investigated and arrested. The lawyer also said that there is a possibility of being cited if various strong evidence comes out, but this situation is progressing very quickly. What do you think? What's going on now, what do you think of the situation where major military figures are being arrested and arrested?

◇ Credit: I don't know. They're doing that for investigation.I'm a little disappointed that the investigation agency has accelerated the investigation under the premise that the crime of rebellion is of course admitted, and there is now competition between the investigation agencies. But this will not be the case as to whether Yoon's act of declaring emergency martial law would constitute a rebellion. It will not be a crime of rebellion. The views of constitutional scholars are being published one after another. While ignoring these things, the investigative agency should not unilaterally conduct an investigation on the premise of such a conclusion. It has a very profound constitutional issue whether the act of declaring emergency martial law at that time would constitute a crime of rebellion. I don't know if the Constitutional Court makes the decision on this matter first and then the Constitutional Court makes the decision that it falls under this rebellion, then this investigative agency accepts it.Ma now believes that the investigative agency acknowledges the establishment of a little too much rebellion too quickly and that there is a considerable problem in conducting an investigation under his premise.

◆Kim Woo-sung: Yes, Park Se-hyun, head of the Seoul High Prosecutor's Office, is the head of the prosecution's special investigation division, and this is the legal term for the rebellion against President Yoon Suk Yeol. The leader. I made a request for attendance after appointing him as the head of the civil war, but a lawyer hasn't been appointed yet. For this reason, the president refused. Then, are you in the position that there is a problem with the prosecution looking at President Yoon Suk Yeol as the head of the rebellion charges?

◇ Credit: That's right. Whether the act of declaring emergency martial law will be a crime of rebellion must go through a deeper deliberation. Now this is an issue that has a significant constitutional meaning. In this regard, it is desirable to draw any conclusions on this issue first with the help of constitutional scholars in the Supreme Court or the Constitutional Court. Such judgments made by investigative agencies or lower courts cannot ultimately be any definite conclusion.

◆ Kim Woo-sung: If there is a clear violent suppression or an act of blocking the Constitutional Assembly, it can be cited. The lawyer actually expressed this position. Nevertheless, should we understand that it is still too early or too hasty for the investigative agency to confirm the civil war and designate the president of Yoon Suk Yeol as its leader?

◇Credit: Among the things you said earlier, there was an act of blocking the National Assembly, of course. But what I said is that such violent acts, such acts of rioting, such acts of disorderly destruction, etc., it is difficult to say that such acts have been clearly recognized so far, and whether or not this first constitutes an act of rebellion, we should not hastily presuppose this one conclusion. It should also be taken into account that various constitutional scholars are now expressing such views one after another that it would not be an act of rebellion.

◆Kim Woo-sung: It may be because of President Yoon Suk Yeol's situation, but the possibility of an early presidential election is growing now. Attention is also focused on Democratic Party Chairman Lee Jae-myung. CEO Lee Jae-myung is also facing several trials. How do you rate it?

◇ Credit: That's right. If Lee Jae-myung is to hold an early presidential election, wouldn't party leader Lee Jae-myung be elected as the next president? However, Lee must feel the urgent need for the presidential election to be created before judicial risks become a reality.

◆Kim Woo-sung: Rep. Park Soo-hyun of the Democratic Party of Korea was interviewed earlier, but it's different. Now, the Constitutional Court's judgment is as it is, and representative Lee Jae-myung's trial is as scheduled as it is. This is the position.

◇ Credit: Well, that's what I did in principle.

◆ Kim Woo-sung: It's in principle, but in reality, you want a difference between the speed of the two trials. Is this what you think?

◇ Credit: I don't know. In addition, conservatives will be sentenced to a second trial in January or February, in violation of the election law by party leader Lee Jae-myung. I'm looking forward to it, but I'm not sure. That's what it's supposed to be. It's not even a final trial, but I'm a little skeptical that it will greatly interfere with Lee's presidential campaign.

◆ Kim Woo-sung: The second trial sentence will not interfere with the presidential campaign. They're watching it like this, too. Former representative Lee Cho Kuk and former representative Cho Kuk of the Cho Kuk Innovation Party lost their seats as they were sentenced to two years in prison. If you buy it, there's a lot of talk about lottery tickets. There are also criticisms that it's a little too early. What do you think?

◇Credited: Representative Cho Kuk will be imprisoned soon.Ma is very unfortunate. All of these phenomena, I think we have achieved great achievement of democracy in Korea now, but one of the factors that threatens democracy in Korea is excessive judicialization of politics. So if all of these important political issues have to be resolved by the court's judgment, then eventually we're forced to step on some kind of fragile democracy in South America right now. In the case of the representative of the country, if you imprison the influential politician and prevent him from coming up in any future presidential election, anyway, I think this is also a tendency to excessive political justice, political justice, and judicialization.

◆ Kim Woo-sung: Finally, the internal situation of the people's power is a little complicated. There is a prospect that the lawmakers who voted in favor of impeachment and then Chairman Han Dong-hoon will resign today after saying that he is a traitor. What do you think, lawyer?

◇ Credit: I don't know. Even now, if you resign as the leader of the party, there is a feeling of regret.

◆ Kim Woo-sung: It is too late to resign as party leader. He is a close aide to CEO Han Dong-hoon about the frame of being a traitor. Supreme Council member Kim Jong-hyuk also said, "The U.S. Secretary of State Tony Blinken is a democratic resilience to the impeachment decision, but the U.S. is also a traitor."

◇ Credit: Well, you might say that, but if we take one essential point, a conservative presidential candidate needs at least 50 percent of support in the Tk region, the conservative headquarters, to establish himself as a presidential candidate. However, the resentment that CEO Han Dong-hoon led the conservatives to the destruction of conservatives in the Tk region is too deep. This is a grudge that Han Dong-hoon will probably follow until he is a politician. So, from now on, it is almost impossible for Han Dong-hoon, the leader of the party, to overcome this and become meaningful as a politician. In that sense, I think it is necessary for party leader Han Dong-hoon or his close core forces, such as Kim Jong-hyuk and Shin Ji-ho, to take the current situation a little more carefully.

◆Kim Woosung: That's all for today. Thank you.

◇Confident: Yes. Thank you for your efforts.

◆Kim Woo-sung: This has been lawyer Shinpyeong.