It was right then, but it's wrong now? Compared to 2017, the controversy over the right to appoint acting judges to the Constitutional Court

- Kim Sung-wan said, "Acting Hwang Kyo-ahn appointed Lee Sun-ae to replace Constitutional Judge Lee Jung-mi."

[News FM Lee Ik-seon Choi Soo-young Issue & People]
□ Broadcast Date: December 20, 2024 (Fri)
□ Host: Lee Ik-seon, Choi Soo-young
□ Performers: Kim Sung-wan, current affairs critic, Jang Ye-chan, former member of the Supreme Council for Young People

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

◆ Lee Ik-seon: Let's go with the second keyword of Top Three this week. The second keyword is Han Deok-soo's veto and appointment. Acting President Han Deok-soo yesterday vetoed six bills, including the Grain Control Act. The focus of attention here is the Special Prosecutor's Act on Mrs. Kim and the Special Prosecutor's Act on Insurrection. Some criticize the two major independent counsel laws as having different tendencies and qualities from these six bills, saying they have problems.

■ [Kim Sung-wan] But essentially exercising authority is something similar. Because it's about what kind of judgment the acting president makes on the bill passed by the National Assembly, it's originally the president's authority. However, the president was suspended from office, so he was able to exercise his authority to the acting president. But it's about what kind of judgment you're going to make. In the case of six bills, including the Pharmacy Management Act, they are more closely related to a kind of policy judgment. But for example, in the case of the independent counsel law, the civil war independent counsel law, or the Kim Gun-hee independent counsel law, it may be more of an active exercise of authority. Isn't it so? Because this is only possible if there is a high degree of political judgment involved. When you exercise your veto power, if the acting president judges to this extent in making this high-level political judgment, you just become the president. So, whether or not it should be done, this part is what it takes. In addition, acting Han Deok-soo went to the National Assembly and answered. So, when the martial law cabinet meeting was held at that time, I explained the situation of the cabinet meeting at that time. However, in order to declare martial law, it is supposed to go through the deliberation of the State Council. But when I asked acting Han Deok-soo how the cabinet meeting was held, he said that he held a cabinet meeting to prevent martial law. Because, in order to eliminate procedural flaws, it was essential to hold a cabinet meeting before declaring it at the time of martial law, but aren't you saying that you waited about 20 or 30 minutes while waiting for the quorum to be filled? Until the 11 members of the State Council came, they couldn't oppose it properly, and they said it wasn't a proper Cabinet meeting, but after holding it, the president declared martial law. But Prime Minister Han Deok-soo said, "On the contrary, the Cabinet meeting came to prevent martial law. That's what they're talking about. From what I see, they say that they were investigated today and that they were investigated behind closed doors. But I'm a suspect. What happens if a person who is a suspect of an accomplice in a rebellion refuses to investigate a rebellion? It's not a matter of exercising your authority or not. It is no different from saying that the suspect will not be allowed to investigate me. And in the case of the Kim Gun-hee Special Prosecutor Act, one of the most fundamental reasons why President Yoon Suk Yeol even declared martial law is the investigation of Kim Gun-hee, but the acting president is saying that this is not my authority, so I will veto it within my authority. Talking like this doesn't fit the current situation. So, let's say that the veto of six bills, including the Grain Management Act, is true. And then, if you veto the other two bills, this is logically and legally not right. It should be promulgated right now. That's what I think.

◆ Lee Ik-seon: You used the word "an accomplice" against acting Han Deok-soo, and this is on this charge?

■ Kim Seong-wan: I'm a suspect. I was investigated as a suspect in a civil war.

□ Jang Ye-chan: But if it's supposed to be sued. They're all suspects. No matter what you sue, if it's booked. So, I would like to say that it is difficult to hastily affirm any criminal charges against Prime Minister Han Deok-soo. I thought that the veto of the policy would be impossible for Democrats to impeach. As you said, if the Democratic Party disagrees with the Democratic Party in exercising its right to demand a reconsideration of the political independent counsel or appointing a constitutional judge, it may be possible to impeach, but whether it is right to veto or wrong to appoint a judge before the Democratic Party of Korea impeaches, whether 200 or 151 people are needed is now a different interpretation of the vote. Since there is no stipulated legal regulation, I think I talked a lot about acting Han Deok-soo's authority last week, and I think it will be essential for the ruling and opposition parties to put their heads together on any legal authority of the acting authority.

■ Kim Sung-wan: Are you going to make another impeachment?

□ Jang Ye-chan: Anyway, it's our third time already. There's no system, so there's a lot of unnecessary complaints. Politicians are actually not working as an excuse for impeachment. I hope we can agree on a system, but the people's judgment on this political special prosecution would be too different, but at least acting Han Deok-soo had no choice but to reject the right to veto this administrative policy. If you read everyone's remarks that you had to reject at the Cabinet meeting at least once, I'm sure those who ask why you reject this will change their minds. I don't think the Democratic Party of Korea is a special prosecutor or something political about important policies that have a huge impact on this country. I hope that the ruling and opposition parties will agree and put their heads together.

■ Kim Seong-wan: But that's what it is. I didn't reveal my perspective on what I did wrong with the specific legislation. That's why I'm telling you. Since I don't want to do grain management, I did 100 things for the reason that I didn't do it, but if I do, I can give you 100 reasons to do it. And the same goes for other laws. So we don't have enough time right now.

◇ Choi Soo-young: They also talked about policies later.

□ Jang Ye-chan: Let's move on.

■ Kim Sung-wan: If the acting president exercises his authority like this, then he tells him to appoint a constitutional judge.

◇ Choi Soo-young: So I was going to ask you that question now. The Democratic Party of Korea argues that since acting authority Han exercised his veto power, he should also exercise his right to appoint the Constitutional Court. The ruling party also says, "Isn't it not authorized to appoint?"

□ Jang Ye-chan: I think the precedent is different. As we said earlier, there are no stipulated regulations. Then we have no choice but to refer to who did it and how. However, the veto was exercised by the former prime minister. So, because the prime minister exercised it at the time of the Democratic Party, it is a little difficult for the Democratic Party to argue why the acting president exercises his veto power. However, former Acting President Hwang Kyo-ahn interviewed and held a press conference at the National Assembly yesterday. When I was acting, I did not appoint former President Park Geun Hye when I was suspended. And I didn't even do a ministerial job. I said that the minimum appointment power I exercised was about the vice minister. And it is said that the appointment was exercised only when former President Park was completely impeached and became a street. I think it's right to follow that precedent, and some people said that the power of the people is urgent, so let's appoint the Minister of Defense and the Minister of Public Administration and Security, but I'm the opposite. According to the precedents of former Acting President Hwang Kyo-ahn, if the acting president exercises the right to appoint a minister-like figure while he is simply suspended from office, it could lead to another dispute. For example, many media outlets are talking about impeachment citations, but we don't know the trial. So if the president, who returned after the impeachment was dismissed, disagrees with the ministerial-level appointment appointed by the acting president, what should we do? I would like to say that I should follow suit because there is such a problem.

■ Kim Sung-wan: In the impeachment phase at the time of former President Park Geun Hye. The impeachment bill passed the National Assembly on December 9th. So, the Constitutional Court will begin the impeachment hearing in earnest. At that time, Park Han-chul's term of office ended on January 31. But I had to nominate the head of the Constitutional Court now. But in the case of Director Park Han-chul, it was up to the president. So, it was controversial whether the acting president could appoint a constitutional judge to the president's share, and also whether he could appoint a chief justice of the Constitutional Court. At a time when the impeachment hearing was in full swing for more than a month, another judge had to be appointed. But how is it now? The Constitutional Court judges are three, three, three. So, the President, the Chief Justice of the Supreme Court, the National Assembly can recommend three people each. Three constitutional judges are vacant because of the National Assembly. The impeachment hearing has not yet begun in earnest. That's why it's a different case. In this case, if you pass the National Assembly now, in normal cases, the president does not veto it, but just appoints it. Because it's up to the National Assembly. But the case is the same with another one. I don't think the logic of comparing and talking like this will be very convincing.

□ Jang Ye-chan: Also, the opposition party opposed the recommendation of the Chief Justice of the Supreme Court at the time. I will just briefly say the precedent that Acting President Hwang Kyo-ahn should not appoint not only the justice of the Constitutional Court but also the recommendation of the Chief Justice of the Supreme Court in 2017.

◇ Choi Soo-young: First lady Kim's independent counsel and then the independent counsel for civil war can veto it anyway?

□ Jang Ye-chan: I think the veto power is the precedent of the former prime minister, and that is the judgment area of acting Han Deok-soo, and the right to appoint more than the minister is unprecedented.

■ [Kim Sung-wan] Because this is a very important story, so I'm telling you this. I'm talking about Lee Jung-mi, the acting chief justice of the Constitutional Court. That's the person who said he was going to dismiss the president of Park Geun Hye. His term ended on March 13. Former President Park Geun Hye's dismissal was on March 10th. So, after being dismissed, Judge Lee Sun-ae was appointed as the chief justice's recommendation.

◆ Profit line: Okay. This is the last one. This week's top three, the third keyword. This is Martial Law Mock of Ansan Bodhisattva Roh Sang-won Hamburger Restaurant.

◇ Choi Soo-young: Former intelligence commander Roh Sang-won, who has been evaluated since the emergency martial law incident, was arrested a few days ago on charges of executing a rebellion. A civilian, not an active-duty civilian, conspired to meet the incumbent intelligence commander and his active-duty soldiers at a hamburger restaurant. I've been a talker all week. Breaking news broke that Colonel Jeong, who attended the hamburger restaurant's mockup in the morning, admitted the charges and apologized. The best. Let's hear that.

□ Jang Ye-chan: I don't know much about this truth, but I don't understand that the hamburger restaurant plotted a rebellion in common sense. However, during the investigation process, each of them should be exempted from responsibility, and former Minister Kim Yong-hyun also said that it is his responsibility, and that subordinates who follow the subordinate order should not be held accountable. I can't figure out the reality, and what's revealed now is that CCTV of them sitting and eating hamburgers together on CCTV at a hamburger franchise restaurant in a certain fast food restaurant. But I can't understand what they talked about because it's just a media report or a statement, but anyway, they said they plotted a rebellion at the hamburger restaurant where you can hear all the stories next to them. We need to get to the bottom of it, but I think there are quite a few people who think this is weird.

■ Kim Seong-wan: But I have to explain why you said Ansan Bodhisattva in the title earlier. Actually, I'm not sure how relevant this is. Let's postpone the judgment for now and explain it based on today's JoongAng Ilbo report. It is said to be about 1.4 kilometers from where the hamburger fast food restaurant is located. It takes about 20 minutes on foot. It is said that there is a fortune teller run by former commander Roh Sang-won. It's said to be in the semi-basement of the house. It is said that the person who runs the fortune teller's shop together is right. So you've been discharged from the military in disgrace. So regarding the sexual harassment issue. And didn't you run a fortune teller after that? What kind of bodhisattva? It's called this, so it's said to be quite famous in the neighborhood. So you used the expression Ansan Bodhisattva because of the report. I don't think I can say that this is directly related to martial law. I'm just telling you because the formula went in. So, you said something very important earlier. Four people gathered at the hamburger restaurant you mentioned in Ansan two days before martial law. It's a group of two colonels. with two former and incumbent intelligence commanders. One of them, the colonel, expressed his position through his lawyer today. I acknowledged that it's true. At that time, he planned to ask the NEC to arrest him, order him, and deploy troops. on the spot In addition to securing the list of NEC personnel, we tie our hands when we arrest the cable tie. In addition, he admitted that he discussed measures to control such as masks and issued a statement apologizing to the public. Then Lotteria is embarrassed. I think it's hard to say this. Because they are intelligence agents, people who are very sensitive to the wiretapping and sensitive to the wiretapping usually talk about important things in such a noisy place. If you know that kind of situation, you'll know it well. I think the more such people, the more likely they are to choose an unnoticed place. So, I think it is not easy to deny that there is no order to take control of the NEC at the meeting of this group.

◇ Choi Soo-young: Let me ask you one more question. Former intelligence commander Roh Sang-won is a civilian. How do you interpret this part, which calls former Defense Minister Kim Yong-hyun or the 2nd Armored Brigade Commander in person and makes them wait for the Armored Brigade Commander?

■ Kim Seong-wan: I don't know if I can explain everything because the content is long. But just the opinion, I'll tell you just one sentence of today's JoongAng Ilbo article. He grabbed former Minister Kim Yong-hyun by the ear and used the other hand as bait for personnel complaints to control active military generals. We use this expression. The media said that he had a very close relationship with former Minister Kim Yong-hyun since he was in the military. That's why he's a junior for the 3rd generation of the Military Academy. So, former Minister Kim Yong-hyun worked as a captain of the 55th Infantry Battalion, guarding the Oval Office, when he was a major. They've been very close since then. When former Minister Kim Yong-hyun was the chief of staff for the 6th President Park Heung-ryul, Roh Sang-won also worked as a director of the policy department under the secretary's office at the recommendation of former Minister Kim, and even when President Park became the head of the Park Geun Hye's security office, Roh Sang-won was a military officer in the security office. At that time, the commander of the Capital Defense Command, who is close to the presidential security work, was former Minister Kim Yong-hyun. It is said that former Minister Kim highly evaluated Roh as a friend who is good at reporting information. So this time, former commander Roh Sang-won called in a colonel and gave directions. That's probably behind former Minister Kim Yong-hyun. The media is analyzing that such connections worked.

◆ Lee Ik-seon: You can also check out the following in-depth reports through our YTN. Finally, let's look at the ruling party's confrontation over the election of the emergency committee chairman after Han Dong-hoon resigned. It continues to be known that senior ruling party officials are being discussed, so what are you going to do? Each player goes through a meeting and gives an opinion.

□ Jang Ye-chan: But I recommend someone for each player. I don't think these opinions are gathered. But let's go to a two-top system and need experienced people. The report is now coming out as a common opinion of the first-term three-term group. And in this crisis, I think we need a person who has a lot of political experience and can lead the party stably, regardless of the floor. The conservative party called the People's Power has had some good points in continuing to lead the party with little political or parliamentary experience, but isn't it suffering a lot because of the controversy and division caused by it? So, I know that people who can handle the confusion and communicate with various people are being discussed.

□ Jang Ye-chan: When it comes to senior members who are emerging outside the circle, former Minister Won Hee-ryong is currently free, and lawmaker Kwon Young-se and Na Kyung-won come to mind on the floor, but I think there is a high possibility that they will be one of the senior members of the floor that the media expects.

◇ Choi Soo-young: In addition, you mentioned Kwon Young-se right now, so some people think that Kwon Young-se could go to Kwon Sung-dong boxing system.

□ Jang Ye-chan: People are incredibly good at naming. But I think there are enough advantages of the boxing system. And if representative Kwon Sung-dong is a bit of a combative style, lawmaker Kwon Young-se has worked with me as the head of the presidential office during the presidential election, but he is very calm and serious. So, it's a style that harmonizes well like fire and water, but it's hard for me to predict right now, but anyway, we've ignored our political experience too much. As they value fresh and novel things so much, it seems to be a force for the people to realize that political experience is important.

◆ Lee Ik-seon: Yes, I see. We were always running out of time. This week, I joined Top 3 current affairs critic Kim Sung-wan and Jang Ye-chan, a member of the Supreme Council for the Power of the People. Thank you.

□ Jang Ye-chan, ■ Kim Seong-wan: Thank you.