■ Host: Anchor Na Kyung-chul, anchor Lee Se-na
■ Starring: Attorney Lee Seung-hoon, lawyer Choi Jin-nyeong
* 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]
After a while, the first hearing preparation period for the impeachment trial of President Yoon will be held from 2 p.m. It has been 13 days since the impeachment bill was passed by the National Assembly and submitted to the Constitutional Court. From 3 p.m., the vote on the impeachment motion against Acting President Han Deok-soo will be held at the plenary session of the National Assembly. Today, we will be with lawyer Choi Jin-nyeong and lawyer Lee Seung-hoon. Please come in.
I think the first hearing preparation period will begin in about two minutes, but I heard the voices of the National Assembly's representatives earlier. However, it seems that President Yoon's lawyers have not yet appeared. Can you explain what kind of seats we're having today?
[Lee Seung Hoon]
Today is our first preparation day. So what's the issue, in this impeachment trial. What will the psychology be like in the future? And what will the arguments do and how will they apply for evidence in the future? In particular, there must be a lot of witnesses, such as former Minister Kim Yong-hyun or Yeo In-hyeong counterintelligence commander. You're doing these witnesses. What is even more significant is that the impeachment process of the Constitutional Court, which demands that President Yoon Suk Yeol judge the unconstitutionality and illegal martial law, has finally been carried out.
[Anchor]
We told you that President Yoon will not be present today, and how long does it usually take for the hearing preparation period?
[Choi Jinyoung] It depends on the
incident. If the case is very complicated, the issue settlement process does not end with just one, but the issue preparation period is held once, twice, and three times, and the future defense plan is completed. In this case as well, literally, the procedure for preparing a pleading. And it is a procedure to organize issues related to the procedure and issues related to the nature of the case. As you said, it takes a lot of time for lawyers for the respondent President Yoon Suk Yeol to prepare their arguments today, but since they were appointed for today's defense, the claimants and the National Assembly have prepared a lot of their own attacks, but in terms of defense, it is likely to ask for a little more time because we have not yet prepared our arguments, and in that case, it is usually an example that the presiding judge gives them a little time and gives them a chance to make practical preparations.
In light of the usual example, today's attack is dominated and defense is postponed to the next time. In short, I will fight these things in the future with the claims of the claimants. If there is a degree of talking, in the case of the respondent's attorney, please listen to it and prepare the document and this and designate the next so-called 2nd pleading preparation date, probably not as long as you think because it will proceed at this level. In some cases, it is highly likely that it will not exceed 30 minutes or an hour.
[Anchor]
You are watching the situation of the Constitutional Court at this time, and President Yoon's lawyers are appearing. It's a little past 2 p.m. now... it seems to be going in as time is approaching. In fact, it was expected to brief the reporters on their position, but the preparation time for the defense is very imminent and it is actually too late. It was supposed to start at 2 o'clock. So you can see them going into the referee's box right away. Lawyer Bae Bo-yoon. Lawyer Yoon Gap-geun and lawyer Bae Jin-han. This is how three lawyers for President Yoon entered the Constitutional Court.
[Anchor]
It seems that they are entering the Constitutional Court's timid judgment with a very busy pace. President Yoon's representatives said they would submit an appointment to the Constitutional Court this morning and attend the hearing preparation period, so how did they make this decision?
[Lee Seung Hoon]
For now, it seems that it was released on the same day for the purpose of dragging out time. In general, lawyers do that to take their time. But then it's important what effect it will have if you say you won't attend the first hearing preparation period. However, the hearing preparation date may be entered directly without going through the Constitutional Court. Then, since there may be some problems when it comes to dragging them out, they intentionally issued an appointment on the same day, attended the hearing preparation period, and submitted an appointment today by a lawyer, so no special arguments or defense can be made in the first hearing preparation period. So, it is expected that we will ask the next session to set a deadline for preparation for the pleading, and if so, today's deadline for preparation for the pleading will remain idle and we will move on to the next session. However, it means that the Constitutional Court is discussing whether it is possible to be sentenced in a six-member system. As the Constitutional Court is willing to proceed with a speedy trial, the preparation date for the hearing is not expected to be set for very long.
[Anchor]
Lawyer Choi, can you introduce the side of President Yoon's lawyers who have shown up now?
[Choi Jinyoung]
At first glance, I don't think it's exactly two or three people. I understand that lawyer Bae Bo-yoon is the first person to go and hold the bag that comes out now. He was a public information officer at the Constitutional Court during the former President Park Geun Hye, and I understand that his hometown is Gumi. He's also a senior from my hometown. A lot of people are on their way.Ma, as I told you, only lawyer Bae Bo-yoon held the bag. In short, I'm very curious about what's in that bag. Given that the bag is not that big or not, it is difficult to say that we have actually prepared a lot for this defense.
That's why, as I said now, lawyer Bae Bo-yoon, if you look at the media reports now, it seems that lawyers Bae Jin-han, former prosecutor Yoon Gap-geun, and these people are expected to attend today. As I said, the preparation process for the defense is imminent, and this may also be a strategy in a way. In order to reduce the exposure of the media as much as possible and to do something like that that can be started immediately, I think the judgment was imminent, but of course, I think many media reporters will ask questions about lawyers one by one when it comes out.
As I said, if I were a lawyer for President Yoon Suk Yeol today, I have not yet seen the contents and evidence of the impeachment because I eventually appointed a lawyer today. Therefore, we will ask for time to prepare internally, and at this level, we will ask for the next date, but even if we do, in the case of the presiding judge, that is, the presiding judge, we will give a certain amount of time, but there is a possibility that we will not give much time.
Usually, we give about three weeks in a civil court because it is said that the other party can answer and prepare evidence at that time, but I think that's a very important decision to make between the judges today.
[Anchor]
You introduced Attorney Bae Bo-yoon now, and from the news that just came in, the first preparation process will begin soon. There was news that Judge Jeong Hyeong-sik and Judge Lee Mi-sun entered the court. And in the case of lawyer Yoon Gap-geun, who followed lawyer Bae Bo-yoon, his relationship with the former Supreme Prosecutor's Office and President Yoon seems to be in the spotlight.
[Lee Seung Hoon]
That's right. I have a very strong relationship with President Yoon. It's also a special pain in the past. Through the head of the anti-corruption investigation department of the Daegu High Prosecutor's Office, the special prosecutors have a very deep relationship with President Yoon Suk Yeol, so it is highly likely that they were appointed as lawyers.
And in the case of lawyer Bae Bo-yoon, he is a former researcher at the Constitutional Court, so he is proficient in constitutional trials, and in the case of lawyer Bae Jin-jin, he is in the same class as President Yoon Suk Yeol and is a judge, so he seems to have formed a defense team mainly with people who are well versed in the law.
[Anchor]
The lawyer Bae Jin-han is also a former university judge with President Yoon. Then lawyer Choi, who is included in the National Assembly's impeachment investigation?
[Choi Jinyoung]
Anyway, the first person I saw was Chung Cheong-rae, chairman of the Judiciary Committee, and Kim Yi-soo, a former Constitutional Court judge, was the one on the right, including the chairman of the Judiciary Committee. In fact, I understand that he has expressed a lot of minority opinions in many constitutional trials, including his participation in the impeachment of former President Park Geun Hye, and has been very active, especially in civil affairs. Therefore, in the case of the current impeachment prosecution, there seem to be at least three lawyers in Yoon Suk Yeol's presidential lawyers, at least three lawyers who came to court today, but I think they are focusing their firepower on it because they appointed 10 to nearly 20 lawyers, which is much more than that. As I said, in the case of President Yoon Suk Yeol, lawyers from prosecutors, courts and constitutional judges are fairly senior, so I think the number of lawyers in the attorney's report will soon appear whether senior lawyers from President Yoon Suk Yeol can continue to take charge of the impeachment prosecution team's salary or whether there are young junior lawyers behind it. So far, President Yoon Suk Yeol's lawyers are limited, so I think the list of lawyers will come out after today's defense preparation process as to who will appear in court in the future.
[Anchor]
It seems that the National Assembly's impeachment prosecution did not list it in terms of the power of the people. How should I interpret this?
[Choi Jinyoung]
That's right. In the end, the chairman of the Judiciary Committee will be the head of the prosecution anyway, and in some ways, he will be the head of the prosecution committee. In the case of former President Park Geun Hye, Kwon Sung-dong, the floor leader at the time, eventually led the prosecution and the Saenuri Party split into the Bareun Party, right? In the current situation, it is interpreted that lawmakers of the People's Power have not attended the prosecution because there is a part that violates the party's theory for those who were currently members of the judiciary committee to attend.
[Anchor]
The screen you're looking at now is a timid judgment in which the first preparation date for the impeachment trial is held. I think he's preparing something right now.
[Anchor]
Earlier, I told you that Judge Jeong Hyung-sik and Judge Lee Mi-sun had arrived, and now Chung Cheong-rae, the head of the impeachment prosecution, is seen. So the National Assembly will play the role of prosecutors that we generally see in trials, right?
[Lee Seung Hoon]
That's right. The National Assembly, especially Chung Cheong-rae, chairman of the Judiciary Committee, will be the chairman of the prosecutor's side. On top of that, former Constitutional Judge Kim Yi-soo, National Assemblyman Choi Ki-ki, and a former judge. I'm an active Democratic Party lawmaker now. And lawyer Kim Jin-han, lawyer Jang Soon-ok, lawmaker Park Eun-jung of the Cho Kuk Innovation Party, and this person was also a prosecutor.
Also, Chun Ha-ram, a lawmaker of the New Reform Party, and a lawyer. I think people who are well versed in legal principles participated in this constitutional trial. In addition, the fact that the opposition party participated in the constitutional trial in such a vast amount was a very serious view of the martial law situation of President Yoon Suk Yeol, and this martial law situation caused a national emergency. The situation in which the foreign exchange market is paralyzed and the state of affairs is that the president did not do martial law in an emergency, but that an emergency occurred through martial law.
So, from the perspective of the National Assembly's prosecution, it can be seen that it is closely organized with experts in terms of quickly and accurately judging the president of Yoon Suk Yeol. The other side will want to keep the preparation period idle today, but I think it will be a day when the National Assembly's prosecution can actively and preemptively claim the trial preparation issues that it wants to the Constitutional Court.
[Anchor]
First of all, in order to maintain order and prevent commotion, it is said that the hearing date will not be broadcast live, but we are showing you what it was before the start. And I heard that I received an application to attend the impeachment trial online, but the competition rate exceeded 2200.
[Choi Jinyoung]
That's right. I think it's a huge competition ratio of 2251:1. In the case of former President Park Geun Hye, the competition rate was much higher at the time of the impeachment. In that case, 19,906 people applied for the audience, and the competition rate was 796:1 and almost 800:1. I think it's much higher than that. As such, the impact of the emergency martial law on individual citizens is great, so I think the public's interest is greater, but in the end, I think this part is also a part of randomly drawing by computer.
In the end, the public's interest in this regard is so high that President Yoon Suk Yeol is under considerable pressure from the public when looking at the number of audience members like this. If you look at today's lawyers, the prosecution is showing that there are so many lawyers in the case of the prosecution, but in the case of President Yoon Suk Yeol, it is natural that the president himself did not attend, but we should pay attention to how the three can respond to these many prosecution cases one by one when there are only three lawyers.
[Anchor]
So, the preparation period for the defense hearing is underway, and the screen we're showing you is showing those screens taken during the preparation process, but we just heard that we have decided not to accept the president's request for postponement of the deadline. On the National Assembly side, all representatives, including Kim Lee-soo and Lee Kwang-beom, attended, and on the president's side, Bae Jin-han, Bae Bo-yoon, and Yoon Gap-geun attended. I have decided not to accept the president's request for postponement of the deadline, how should I look at this?
[Lee Seung Hoon]
That's what I expected. The lawyers said they had offered confidence today, so they would have tried to apply for a postponement of the trial. But the constitutional judges must all know that. If this is not a presidential impeachment trial, it can be accepted if it is, but the state of affairs is so unstable and external credibility is in crisis. Since it is not possible to continue to maintain a state of national instability, the Constitutional Judge, who places the most importance on protecting the Constitution, can of course judge that he was unable to accept the postponement today.
So, the impeachment investigation team first claims evidence or claims and issues on today's date. Also, the Constitutional Court should prepare these things for the lawyers. It is expected to notify the precautions that the trial process must proceed properly on the next date. Then, it seems that the preparation date for the next session will be possible as soon as possible, as early as next week.
[Choi Jin-nyeong]
What I'm saying is that President Yoon Suk Yeol's representative submitted two documents to the court today. One is that there are two applications for postponement of the hearing, the appointment of a lawyer and the application for postponement of the hearing today, and the decision was made to proceed with the trial today.
I applied for a postponement of the preparatory proceedings today, but I will not accept the postponement request and proceed with the trial as it is today, and as I said, I think you can interpret it like that, and as I said, the court will consider the position of the lawyer now, but I think there is a high possibility that he will actively respond to the trial.
[Anchor]
The president's side was originally trying to postpone today's hearing preparation date.
[Choi Jinyoung]
That's right. That means, because I applied for it, I rejected the request for postponement of today's pleading date as an answer. However, if you don't actually appear in the defense preparation process at all, this has two meanings. One is that, in principle, if you don't come to the proceedings for civil lawsuits or something like that, you can accept it as a confession or acknowledgement of the claim. In addition, what was it like during the former President Park Geun Hye? Former President Park Geun Hye actually summoned him to the impeachment process, but he did not come out.
Therefore, he announced the impeachment of former President Park Geun Hye, declaring that he had no will to protect the constitution while deciding to impeach him. Therefore, if it does not come out today, the presiding judge and the Constitutional Court may question whether President Yoon Suk Yeol is really willing to protect the Constitution. Anyway, I applied for a postponement today, but I think it can be interpreted as a situation where he did not accept it and eventually attended the preparation process through an agent.
[Anchor]
Just a moment ago, you saw the Constitutional Court justice, and you saw judges Jeong Hyung-sik and Lee Mi-sun. There is a life judge and a chief judge, so what role will you take?
[Lee Seung-hoon]
First of all, the life judge will receive the case and take the lead in how to prove the case, what are the arguments and issues, and how to file a witness. And the chief judge is at the center of the case trial and has a role like a moderator in reviewing the issues of this case.
Honestly, in the case of the presidential impeachment case, it is a very important case, so this is the chief judge or the life judge, I don't think it means much. It seems that everyone will go to trial with the idea of being the chief judge until there is a decision on the impeachment of the president.
In particular, Judge Kim Hyung-doo was injured by his father. However, he didn't even go to his father's statue, but he prepared for the constitutional trial preparation date and went back to his father's statue. As such, the attitude of the constitutional judges looking at this case is very cautious and cautious, but it is very important to have a trial quickly.
[Anchor]
In the screen that we just saw, there were only three judges, and only Judge Jeong Hyeong-sik and Judge Lee Mi-sun were sitting in the middle. Is it because it's the time to prepare for the defense?
[Choi Jin-nyeong]
That's right. If we proceed with the pleading process, the process will be carried out with all six judges, but today is the deadline for preparing the pleading process, in other words, for the settlement of issues, one as a life judge and one or two as the chief judge. After all, I understand that the court has a grand court in which all nine members of the court can come out, and in this way, in some cases, a sub-judgment consisting of three members is being conducted by the court we are writing now.Ma said, "In this case, this is not distributed as a sub-division, but as two life judges, chief judges, and two others, they are excellent legal professionals when they organize and organize issues, so they can sufficiently organize and lead the case, and after today's trial proceeds, there will be a report on the progress of the trial.
Of course, the participating officers in front of you will proceed with the trial record today, but beyond that record, Judge Jeong Il-hyung, the chief judge, will organize the case and give it to all the judges in more detail, so why are there only two today? It is not such an issue.
If the issue is settled anyway, I think it would be correct to think that the trial will proceed because all six people currently and in some cases, nine people will come out in the future pleading process.
[Anchor]
The first hearing preparation period is underway. What I'm showing you now is what it was before the start, and we'll keep you updated with the news in the process. Then, what procedures will be carried out after today's first hearing preparation date?
[Lee Seung Hoon]
I think we will be able to accept the arguments of President Yoon Suk Yeol's lawyers for the trial preparation through the preparation period for one more time. I think we'll go to the hearing date after that. If you go to the hearing date, for example, the Constitutional Court told you to submit an proclamation. As such, it is expected that the martial law case was unconstitutional and illegal, and whether it was a serious violation of the president's duties and was a reason for impeachment. Various investigations are being conducted by the Senior Civil Servant Corruption Investigations Unit, the police, and the prosecution. It is expected that the investigation-related data will also be requested to be submitted to each investigative agency.
And finally, isn't there going to be witnesses related to martial law? Chief of the National Police Agency Jo Ji-ho, the chief of the Seoul Metropolitan Government, soldiers who blocked the National Assembly, the commander of the Special Warfare Command, and the commander of the Yeo In-hyeong counterintelligence Command. In addition, those who sympathized with this martial law and, if necessary, even the officers-level generals who participated in it are likely to be called as witnesses. In addition to this, it is highly likely that the President of Yoon Suk Yeol will apply for a large number of witnesses.
That would be one strategy for President Yoon Suk Yeol to delay the impeachment trial. Through those things, the Constitutional Court will not accept all applications for evidence in order to shorten the time as much as possible.Nevertheless, if the defense insists very strongly, I think there is a possibility that time will inevitably be delayed for the fairness of the constitutional trial.
[Anchor]
If you briefly convey what is going on at the Constitutional Court, Judge Lee Mi-sun will deliver the notice of the court first, and Judge Jeong Hyeong-sik will organize the issue of the case. And I heard that Judge Lee Mi-sun will organize the evidence and announce the next date.
And the president's remarks are also being delivered. I received the submission to the National Assembly this morning. But the contents of the document were not confirmed, so it is said that he said he would submit an answer on the next date. So, we haven't confirmed it yet, as lawyer Choi told us just a moment ago, so we'll do it next time, so should we look at it like this?
[Choi Jinyoung]
That's right. It is said that they submitted a so-called answer, but it is highly likely that they submitted a so-called formal answer. The formal response is divided into two applications when we requested and the application for impeachment. Didn't you make the request by dismissing the respondent, President Yoon Suk Yeol, for the purpose of the application, and asking for dismissal because this is a serious violation of the Constitution and laws? In the case of the respondent, you must submit an answer.
However, the answer consists of an answer to the purpose of the application and an answer to the cause of the application, which is a formal answer, and what is submitted when there is no time is an answer to the purpose of the application, and the claimant's claim is dismissed. So, I've appointed an answer to the cause of the claim today, so I can't figure out the case, so I'll submit an answer as soon as possible. It is presumed that he submitted only formal contents.
As you said today, if you submitted a response and applied for a change of the date, as I said, the Democratic Party of Korea has passed a resolution to impeach you and has written more than five or six, or seven, but I can't refute it one by one, so I think it will include a document that refutes that part next time.
As I said, that's why today, when the judge asks what the issue is, in the case of the claimant, we will talk about the application in detail and submit the supporting evidence accordingly. Nevertheless, since we are not ready yet, President Yoon Suk Yeol's lawyers will listen to it as it is and repeat the details until the next date and submit evidence supporting this refutation, so I think this will be the case today.
[Anchor]
Then, will President Yoon's side show a more cooperative attitude in the impeachment trial process next time? What do you expect?
[Lee Seung Hoon]
First of all, we will show a minimum cooperative attitude. The reason is that the constitutional trial is very different from the general trial. So it's going to be more severe because it's going to be a very serious case and it's an impeachment of the president. So if President Yoon Suk Yeol's lawyers delay the case for the purpose of seeking a trial date, the Constitutional Court may not accept the applications for evidence. Then, they might drag on and then the time might be pushed back.
Because of such a problem, I think it will be difficult for the president's lawyers to drag on so recklessly. It is also expected that the defense will pay more attention to the Constitutional Court because it shows that the president has a will to protect the Constitution.
[Anchor]
So the president continues to be criticized for using a deliberate delay strategy, but it is now known that the senior representatives submitted this morning, but no related documents were submitted at all. So there's continued criticism about this part, what do you think of this part?
[Choi Jinyoung]
That's right. After all, in the case of impeachment proceedings, it's also an administrative procedure as a special disciplinary procedure.E also applies mutatis mutandis to the Criminal Procedure Act as a criminal procedure. The criminal procedure law procedure is applied mutatis mutandis to two main ideologies of the criminal procedure law. One is the discovery of truth, and the other is the guarantee of due process. In short, the spirit that substantive truth must be achieved with due process guaranteed is bound to be achieved in this impeachment process.
After all, in the case of President Yoon Suk Yeol, isn't he the representative of the people selected through the presidential election? Dismissing the president didn't mean that the Constitutional Court was elected by the people, did it? That's why the Constitutional Court is bound to be cautious. So it's important to move on quickly.E Accordingly, it is very important to guarantee the respondent's right to defend by ensuring due process. That's because you can accept the result.
That's why it's hard to simply criticize that you don't write a lawyer's appointment for about a week and play so-called bed soccer. Why? In civil cases and other cases, the deadline for submitting a response is about 30 days when the complaint comes. However, in the case of impeachment proceedings, the criticism that they are trying to postpone the trial too much just because they do not have a lawyer within those seven days because they are only given a week, is actually a little too much in a practical sense.
Nevertheless, if you deliberately increase the trial in the current state because you responded, it could be a backlash. In the future, I think it is very important to prepare such lawyers to actively participate in the trial while guaranteeing the right to defend themselves as much as possible. Finally, the will to proceed with President Yoon Suk Yeol's trial.
[Anchor]
According to the news from the Constitutional Court, the president said that he will dispute the legality of the impeachment trial. In other words, it sounds like this argument that the request for an impeachment trial is not legal. What grounds should we make such an argument?
[Lee Seung Hoon]
It's going to go through two things. Didn't Minister Kim Yong-hyun talk about that yesterday? It means that he made his suggestion and went to the president through the prime minister. Then, they claim that they went through due process first, and the second was to warn the National Assembly because of the opposition's budget riot, impeachment, and special prosecutors, not a riot for the purpose of constitutional controversy. That's why I would argue that there was no purpose of the National Constitution.
And in the case of lawyer Seok Dong-hyun, the president has never taken out the arrest body. In the end, even if this is illegal, the president has nothing to do with it. In that respect, it seems that former Minister Kim Yong-hyun is proceeding with the constitutional trial with a strategy of eventually saving the president because he wants to take responsibility for everything. Nevertheless, the president has so many weaknesses. First of all, the emergency martial law was declared on TV, and martial law troops were sent to the National Assembly to break the window and go around arresting lawmakers.
Also, weren't there talks about Hong Jang-won, the former first deputy director of the National Intelligence Service, or the commanders of special warfare, pulling lawmakers out of the National Assembly or going to catch them? There are enough violations, and the police chief and the Seoul Metropolitan Government chief were also arrested, so we talked a lot about them against President Yoon Suk Yeol. If that's the case, it's actually very difficult for the president to get out. That's why they can claim that this martial law is not a civil war, but it is a warning, but most people think that this martial law is a civil war and that the president should be suspended from office and impeached quickly, so in the end, I think the Constitutional Court judges will also judge with that suspicion.
[Choi Jin-nyeong]
However, it seems to be a legal argument that the impeachment process has a serious violation and that the impeachment process should be dismissed without having to go to the main issue. What this means is that the emergency martial law is illegal and in a way, is it a serious violation of the Constitution and the law? If you try to argue about it, the National Assembly should follow the procedures related to the National Assembly Act and martial law law and file an impeachment, but I read it as an intention to make a defense against the main bill, asking for dismissal because there is no reason because there is a serious violation of the procedure.
What that means was that there were two times in the process of deciding to impeach, right? When the first impeachment was filed, the 200 registered members were not actually formed, so it was practically rejected under the National Assembly Act. However, National Assembly Speaker Woo Won-sik said he would wait until the end, but he called it a vote failure. However, he said it was not established, but eventually held a different session, and after uploading this part once again, he decided to impeach him.
However, there are clearly issues related to the National Assembly Act on this part. What it is is that if impeachment is not resolved in a way, impeachment is supposed to be considered rejected. However, I understand that there is an issue regarding the interpretation of the National Assembly law as to whether such a matter that is supposed to be considered to be rejected can be raised again in different sessions.
Therefore, it is interpreted that the National Assembly's impeachment proceedings should be dismissed because there is a violation of the law before arguing whether Yoon Suk Yeol's emergency martial law procedure is legal. Therefore, it is interpreted that President Yoon Suk Yeol's lawyers have expressed their will to clearly argue about whether there is a serious violation of the National Assembly's impeachment proceedings in the future.
[Anchor]
In the midst of this, breaking news about the investigation has just come in. There was a breaking news that the police special team was attempting to raid the house of President Samcheong-dong. Earlier, the warrant for safe travel was dismissed once, but after that, I re-claimed and re-applied and issued a warrant.
[Anchor]
It seems that the search and seizure are taking place now. So, attempts are being made, but CCTV inside the president's office and CCTV near the president's office appear to be the target.
[Anchor]
Police Commissioner Jo Ji-ho and Seoul Police Commissioner Kim Bong-sik, who were arrested on charges of engaging in important missions of rebellion, met with President Yoon Suk Yeol at the presidential safety house and the presidential safe house about three hours before the declaration of the emergency martial law on the 3rd, and received orders to take control of the institution after martial law.
In addition, on the 4th, when the emergency martial law was lifted, Justice Minister Park Sung-jae, former Minister of Public Administration and Security Lee Sang-min, and Lee Wan-kyu, head of the Legislative Office, reportedly met at the safe house. Earlier, the police special team applied for a search warrant for the security and surrounding CCTV in Samcheong-dong to find out the president's movements on the day of martial law, but it was rejected by the court once.
I just heard that the police special forces are currently attempting to search and seizure. In fact, there were not a few criticisms about why the search and seizure of Anga was rejected. Because the meeting took place here. What do you think of this search and seizure attempt?
[Lee Seung Hoon]
The police probably applied. I think there was a lack of application in that part. In the case of safe houses, I don't think there were any special computer facilities or anything like that. So I remember that it was dismissed in the sense of the court as to whether there was a need to search and seizure the safe house.
However, the ones that came out this time mean that in the end, they received a search warrant for the CCTV around the safe house and the CCTV around the safe house. What that is is is, what important people went to this safe house before martial law was declared, and if you specify these people, you can investigate these people.
And after martial law, Minister Lee Sang-min, Minister of Legislation Lee Wan-kyu, and Minister of Justice went, so we can investigate why these people went to the house. For example, we prepared for the second martial law.There may have been discussions about what purpose Eden went to and how to deal with the evidence or witnesses that are important in this martial law process, and the destruction of evidence.
In fact, the Minister of Justice, Lee Sang-min, the Minister of Public Administration and Security, and Lee Wan-kyu, the Minister of Legislation, all changed their phones after that. It can be said that there was a systematic attempt to destroy important evidence related to this martial law case, so it seems that the court issued a search warrant focusing on objective evidence such as CCTV.
[Anchor]
I'll give it to you again. The National Police Agency's special investigation team is attempting to seize and search the presidential safety house in Samcheong-dong, Seoul today. It is also the place where President Yoon handed over an order containing a control agency such as a media company to Police Commissioner Jo Ji-ho three hours before martial law. Just a moment ago, news broke that YTN caught the situation near President Samcheong-dong's safe house, where the police arrived.
But you're trying to search and seizure by getting a warrant like this. I don't know if the search and seizure are going smoothly right now. Is it possible that there will be a situation where they can reject it again for some reason?
[Choi Jinyoung]
I think the possibility of that is realistically high. The so-called safe house itself, as the name suggests, is one of the national security facilities. According to the Criminal Procedure Act, if a national security facility is seized and searched, the seizure and search can be conducted only with the consent of the manager who manages the facility.
Even if there is a court search warrant for that part, I know that it is quite difficult to execute it in the case of national security facilities. In fact, in the case of the presidential office in Yongsan last time, a search warrant was issued.Ma submitted it in the form of voluntary submission, and as far as I remember, President Moon Jae In tried to execute the search warrant for the presidential office about four times, but he couldn't execute it and executed the search warrant by randomly submitting what was on the search list.
In that sense, in today's case, it is called CCTV, but if it is like CCTV, once a search warrant is issued, it is subject to seizure and search on the attached list of the search warrant. Then, I think we will consult with the head of the facility and collect the evidence that we are trying to achieve in the court's warrant on this part by arbitrarily submitting CCTV-related video files or such parts.
Under the current situation, as I said, it was probably the case during the Park Geun Hye administration, and considering that it is a national security facility anyway, the officials in charge have no choice but to follow the same manual, so it is highly likely that the investigation will be carried out in a way that actively responds to the investigation but prevents investigators from entering the security facility directly.
[Anchor]
We are faced with a situation where the security service continues to refuse such seizure and search for military secrets, and isn't there a lot of other parts necessary for this investigation? And there are continuous concerns that the fear of destroying evidence increases over time. I think there are some people who are frustrated with this part as to how long they have to keep watching them refuse to search like this.
[Lee Seung Hoon]
That's right. It's very frustrating. From the public's point of view, the relevant evidence must be seized and searched to confirm whether there is a crime in the constitutional trial process in the future, and this evidence can be extinguished over time, right? Especially in the case of CCTV, there may be a retention period. That's why I don't think the presidential security should refuse the seizure and search just because it's a state secret. Also, I think the court should expand the scope of seizure and search more discretion in this area.
Also, if the president is suspended now, Prime Minister Han Deok-soo, who was actually acting, can ask for broader recognition regarding the search and seizure. Nevertheless, the fact that the Constitutional Court is not appointed now means that I do not agree in the end, so I think it is more difficult to search and seizure. So if it's the last way, investigative agencies can investigate the chief of security for obstruction of justice.
So why can't the security chief search and seizure, and when he tries to execute something, the police block him or her without a reasonable reason, and an arrest warrant can be issued, and the arrest warrant can be prevented. In that case, I think there is a way to solve that part easily if you call the chief of security and investigate whether it is a monster that interferes with the execution of public affairs.
[Anchor]
A little while ago, the lawyer said that we can investigate the security office that does not respond to the search and seizure, what do you think, lawyer Choi?
[Choi Jin-nyeong]
If that's the case, we have to arrest the presidential security chief during the Lee Yoon Suk Yeol administration, which has a statute of limitations. I can't do that. As I said, no matter what you do, you have to ensure due process. As I said, even if a warrant is executed, in accordance with the Criminal Procedure Act, national security facilities and military facilities must obtain permission from the head of the facility, and in fact, there has been no seizure and search of the presidential office itself in Korea in any case.
That's why it's important to reveal the actual truth of the case.It has to be done by due process. As I said, it is not that the court is not executing at all on the subject of seizure and search of the attached list in the search warrant. As I said, that's what the Yoon Suk Yeol government did.Ma was the same during the Moon Jae In administration, and it was the same during the Roh Moo Hyun administration.
That's why the law should be enforced in a fair way, but in such a way as to cooperate as much as possible without causing any mishaps in the process, the validity of the court's search warrant and, as I said, the national security of Korea's national security facilities and military facilities stipulated in the Criminal Procedure Act, and efforts to harmonize them are needed, and that does not solve it, but rather, what happens later? Wouldn't the prosecution not be able to do that because violating due process can lead to the loss of all evidence? That's why this kind of situation is happening because I know that.
[Anchor]
We just showed you the house of Samcheong-dong, and the screen you see is the entrance screen of the presidential office. So, the special investigation team of the National Police Agency's National Investigation Headquarters has begun to guide additional seizure and search of Yongsan's presidential office. Perhaps it is being analyzed as an additional seizure and search related to safe house CCTV. Earlier, the security office refused to search and seizure of the presidential office building twice for military secrets, and attention is being paid to whether the search and seizure of the presidential office can proceed. What else can be revealed here if we raid and search the security office?
[Lee Seung Hoon]
If you confiscate and search the security office, you're protecting the president. Then there might be a way to find out where the president has moved, who he's met, and even what he's talked about.
[Anchor]
Isn't the president's secret phone also part of the security service?
[Lee Seung Hoon]
That's right. You can't record the phone because it's a part of the security service, so you can know who you talked to, but if you're accompanied by a security guard, the security guard can also know. Of course, it won't be easy. It also means that the president told military generals in the command of the Joint Chiefs of Staff. And it is said that he even made a pre-announcement about the second martial law, so the command of the Joint Chiefs of Staff should be raided, but he is also refusing it because it is a military protection facility.
I'm also trying to secure the materials of the Cabinet meeting now. The reason for this is that Prime Minister Han Deok-soo said that former Minister Kim Yong-hyun reported to the President through Prime Minister Han Deok-soo. Then, if Prime Minister Han Deok-soo says, he heard from the president hours ago, but whether he opposed this or tolerated it, or sympathized with it, the clarity is poor.
That's why we need to check what kind of remarks were made at the Cabinet meeting, but the president's office is making excuses that the Cabinet meeting ended in five minutes and there is no transcript and no evidence. This excuse may be true, but if it is true, it was an attempt to leave no evidence because they knew how unconstitutional and illegal their martial law was. This will be important evidence of acknowledging one's crimes.
[Anchor]
Earlier on the 11th, the seizure and search of the presidential office failed due to the non-cooperation of the security service. On the 17th, the seizure and search of the security office server of the presidential office building also failed. But it's been more than three weeks since martial law was declared. There's still a chance that there's still evidence, is there a lot? What do you think?
[Choi Jin-nyeong]
In the end, digital evidence doesn't disappear easily. Actually, the problem now is that CCTVs usually have a storage period of about a month, so over time, they are overlaid on it and the previous one disappears as the video is recorded, but other parts of the record # on the server do not disappear easily.
As you just said, there is no recording function in the case of secret phone calls made by the president and other State Council members, but the fact that they talked to someone and that much remains the same. Therefore, it is highly likely that they will get a search warrant. Nevertheless, there is a need to keep much of the confidentiality of the movement of the president and other administrative agents, and certain parts under the divided state.
Therefore, if a search warrant is issued in that part related to the need to reveal the actual truth of this case, I think I should also cooperate in that part. However, it's not like that, and I don't think it's possible to do it like this, let's take this opportunity to open everything.
Therefore, a search warrant. I don't know why the warrant was rejected earlier.Let's look at everything as an exploratory proof, because if we make a claim like this, we dismiss it. And there are actually a lot of cases where the judges say it's erased and the judges stamp it and limit it to the list of delicacies. Therefore, I think it is necessary to apply for evidence on the part that is really necessary and to cooperate with the president's office on such an application for evidence.
[Anchor]
The contents that are coming out of the Constitutional Court are constantly being updated. Previously, the president will argue whether the impeachment trial request is legal or not, and I talked about it with the two of them, and after that, the process of delivering documents by the Constitutional Court is not legal on the president's side. He said he made this argument. And the progress from the declaration of martial law emergency martial law to the lifting will be explained in detail later. And the president claimed that he would not argue over the declaration of decree and the statement, and now the president has not secured enough manpower. It is said that he claimed that the response time was very short.
[Anchor]
And I'll tell you what came out of the Constitutional Court. It is reported that he said that urgency comes first rather than the order of receiving impeachment cases. It was reported that the Constitutional Court concluded that the most urgent presidential case would be done first, and that the biggest person in the impeachment trial was the maintenance of constitutional order. You've heard the positions of the president and the Constitutional Court, lawyer, what did you think?
[Lee Seung Hoon]
First of all, it's as expected. Are we old-fashioned? This is the seventh impeachment case. Nevertheless, if the president is the most powerful and is responsible for national diplomacy and security, the people will be anxious about the president's decision to deal with the impeachment case first. In addition, there is a thought that this unstable state should be ended quickly, so in the end, it seems that they will proceed much faster than other impeachment trials.
The president didn't receive any documents from the president. I didn't receive it even if I sent it by electronic document, I didn't send it by human, and I didn't even receive it, so in the end, when the Constitutional Court sent it, I sent it to the Constitutional Court, saying that it was delivered together with the shipping box. However, they claim that this shipping delivery is illegal.
Since the constitutional judges inevitably chose to send and service in consultation, it seems difficult to regard this as a reason for dismissal or dismissal. In the end, I think the president is doing some legal skills. So for now, it seems to be trying to undermine the legitimacy of the constitutional trial by saying that it has gone through this procedure, that procedure, wrong. From the people's point of view, I think these things will be seen as legal loach.
[Choi Jin-nyeong]
But I was going to tell you about this part, but I had quite a question as a lawyer as to why this was done by sending, not by public service. Therefore, if the trial proceeds without proper service, it is an absolute deferral of appeal. This is not just about saying it in this way, but it is the basis for guaranteeing due process, so there are legal disputes about why they sent and delivered this part. However, he said that he did not argue with the issue during the issue settlement period, so in a way, the most meaningful thing in today's defense preparation process, the so-called issue settlement process, is that there is no room for dispute in the future. However, since the preparation and implementation of the impeachment process will be explained in the future, I predict that the next preparation date will be accurately explained what procedures President Yoon Suk Yeol and other military officials went through.
[Anchor]
I see. There's another breaking news right now. The second preparation date for the Constitutional Court is 2025, so next year. It is said that it will continue at 2 p.m. on January 3rd next year.
[Anchor]
So it's been reported that the trial has just ended. The National Assembly reportedly applied for 15 witnesses to President Yoon's impeachment trial and asked them to send investigation records of military prosecutors, prosecutors, and police. The Constitutional Court announced that it would continue the second preparatory period at 2 o'clock on January 3rd.
[Anchor]
The first hearing of President Yoon's impeachment trial ended in 40 minutes. Earlier, we told you the stories of the president's lawyers. But I think I'm saying this several times that the service was not delivered legally.
[Lee Seung Hoon]
So this is a cowardly argument. You're saying that the whole nation knows everything sent from the Constitutional Court, but only the president didn't know. I don't know if that argument itself is in your favor.I would like to say that it is an issue that the people will be a little angry to see. What is originally called delivery is sent by mail. That's why it was served when the employee received it, the wife received it, or the family received it. But when I don't receive this, I leave it to the employees or something like this. It's called supplementary delivery. Nevertheless, didn't the security office refuse to receive it?
If you do this, if you refuse, you just leave the document and just come, and there are cases where you see this as a baby delivery service. But I think the Constitutional Court found it uncomfortable. So anyway, the whole nation knows this, and I think I saw it as the last delivery service because I refused the delivery service or the kindergarten service itself. In general, it takes the public service method. However, this official delivery method takes more than two weeks. That's why the Constitutional Court seems to have chosen to send and deliver for a quick trial. This was an inevitable choice by the Constitutional Court, you can see it like this.
[Anchor]
It was an inevitable choice. And online, I sent a mail to the president's office or this side and I received it, and there was a lot of criticism about why I didn't receive the constitutional documents.
[Choi Jin-nyeong]
It doesn't matter why you receive it or reject it, but the fact that it's served is important. In the case of Anglo-American law, the party is served. In the end, when the complaint is filed, the person who received the complaint goes to the other party at his own expense and gives it to him, but in Korea, if he does not do so and submits it to the court, the court will serve it. Even if I filed a complaint. After filing, I texted you that I filed a complaint, and even if the other party knew, if it was not served through the court, the lawsuit would not proceed.
As I said, shipping delivery can only be delivered after the first delivery. However, no matter how much I look at it, there is no basis to say that this case has been served. If so, I understand that the Constitutional Court Act now stipulates that when it comes to evidence, it follows the Criminal Procedure Act, but when it comes to service, it follows the Civil Procedure Act.
Then, what happened to the impeachment application filed by the first prosecution because if it was not supposed to be served in principle, it would be a night service, or if it said no, it was as if Democratic Party Chairman Lee Jae-myung had recently failed to notify the second trial of the receipt of litigation records? At that time, I went by public service. That's the usual procedure and that's the right thing to do. Of course, political criticism is fully possible. It's as if Lee Jae-myung didn't receive it to increase the lawsuit, and I criticized a lot about it. However, if he did so, the procedure that follows should go to public service, but if President Yoon refused and said he did not receive it, a lawyer can argue whether the service procedure was in accordance with the so-called due process.
That's why it's so important that the discovery of substantive truth should be in accordance with due process. If you wait a little longer and do it for another week, in fact, it will take only two weeks if you send it by public service according to the Civil Procedure Act procedure. Then President Yoon Suk Yeol has nothing to say. But don't you make another issue by saying that you need to do this quickly and deliver it by sending it and saying that the procedure itself is wrong today? That's why we can criticize it politically enough not to make half-cooked rice, but to criticize it and do it.
But legally, such criticism doesn't mean anything. Rather, I think it is necessary for the Constitutional Court to make the decision to proceed really smoothly so that there is no room for dispute when there is only a question of due process and there is room for dispute.
[Anchor]
And some people said that President Yoon's side is suffering from a shortage of job openings, but a while ago, lawyer Yoon Gap-geun is joining one after another. There was a saying that it will be completed soon because there are many people applying. And there was also a saying that President Yoon would come forward at the right time for the impeachment trial. What do you think?
[Lee Seung Hoon]
So, the recruitment difficulty is until the constitutional trial is made. He tried to postpone the constitutional trial process as much as possible through the recruitment difficulty. The constitutional trial process has begun, but we can't postpone it now. So there are still a lot of people who follow the president. It is at the level of saying that there are many people who step up and claim to be lawyers, so you can think of it as meaningless. The president will come forward himself. In the end, martial law was justified. It's because of the opposition party. And I want to argue that it's not martial law towards the people, but it's not possible to do martial law because of the opposition party. Martial law is done under an emergency, but in a very calm state, the people called, looked at their cell phones, watched TV, and the police didn't need a police force.
Then why did you do this martial law? Are you in a state of emergency? I'm telling you not at all. Then they ask if martial law was justified, but first, the police blocked the National Assembly. So the lawmakers were not allowed in, and the Special Warfare Command blocked the Capitol. Then, didn't the lawmakers prevent them from demanding the lifting of martial law? And where did you send it to?
They sent soldiers to the Central Election Commission. That's why they said they would find out the rigged election, but didn't they go into the National Election Commission and confiscate employees' phones without a warrant? Then, as soon as martial law was declared, entering the National Election Commission to monitor fraudulent elections and saying that they would take away the server, which itself was intended to neutralize the function of the National Election Commission, a constitutional institution.
He also said he would ban freedom of press. I said I should be censored. And he said he was going to kill the doctor. These things, politicians are prohibited from doing political activities themselves. And if you engage in political activities, it's a violation of the decree, so I said I'd arrest you, so this is unconstitutional and illegal. Regardless of the excuse for such unconstitutionality and illegality, it is almost impossible for a constitutional judge to make a ruling in favor of it.
[Anchor]
As lawyer Seok Dong-hyun said earlier, President Yoon will come forward today, do you think it would be advantageous for President Yoon to come forward? Do you think it's going to be a disadvantage?
[Choi Jin-nyeong]
In this case, neither former President Roh Moo Hyun nor former President Park Geun Hye went to the Constitutional Court to plead in person in the impeachment process of former President Roh Moo Hyun and former President Park Geun Hye. Therefore, if the incumbent president makes a direct argument in the impeachment process, it seems to mean that the incumbent president will make a direct argument in the impeachment process for the first time in Korean history. In the end, as I said in my last public conversation, I will actively work on impeachment. And didn't you say you would take legal and political responsibility and actively respond? During the active response of
, there is an interpretation that the representative case is that he or she goes to the Constitutional Court to express his or her opinion, and now it seems that he or she has confirmed his intention through lawyer Yoon Gap-geun today. After all, in this case, the biggest thing is that the Democratic Party of Korea is a civil war, but this cannot be a civil war, but rather, it is to protect the Constitution by protecting the Republic of Korea from anti-state forces. In a word, it seems to convey a strong message to the Constitutional Court that his subjective intention is not to repent and disturb the national constitution, but to protect the basic liberal democratic order.
Nevertheless, given the current circumstances, various opinions can be divided on whether it is advantageous for President Yoon Suk Yeol, and the Constitutional Court judges can directly ask about President Yoon Suk Yeol's argument. You can do the newspaper yourself. That would be nice. Then, when asked why he sent an army that was not under the law to the National Assembly, what kind of answer would President Yoon give to it? I'm actually most interested in that part, and legal professionals will be more of a key issue than anyone else, but as I mentioned now, I predict that President Yoon must come out and come out because he promised.
[Anchor]
The unprecedented vote on the impeachment motion against the acting president is now expected to begin shortly. The reporter told me earlier.Ma is now the opposition party's argument for impeachment, what is it?
[Choi Jinyoung]
That's right. As you said, isn't Han the prime minister and now the acting president at the same time? However, in this case, there are three reasons for his time as prime minister and two reasons for acting president. When he was prime minister, he exercised his right to demand reconsideration or was a de facto accomplice in martial law. In a way, when President Yoon said he would delegate his authority to the ruling party and the party last time, Han Dong-hoon and Han will jointly run state affairs. After all, they say that this is a serious violation of the Constitution and the law. In addition, they say that the so-called special prosecutor for Kim Gun-hee as acting president, or the right to veto the special prosecutor for the current president, and that the suspension of the appointment of the three constitutional judges in question is a violation of the Constitution.
However, regarding this matter, as the Constitutional Court has said now, will 200 people vote for impeachment? Or is it 151 people? It's very sharply talked about among the Constitutional Court justices and scholars. In fact, according to a book published by the Constitutional Court called the 2015 Constitutional Court Act, which is currently being manual by the Constitutional Court, it is said that the impeachment of an acting president should follow its own quorum, and that if he is an acting president, he should follow the impeachment of the president, or the majority of the registered members. Nevertheless, in the case of the Democratic Party of Korea, they ignore it and say, "Isn't it just the president or the prime minister?" In the case of prime minister, 151 people should be enough, and even if they are acting, 151 people is enough because they are not the president.
That's why in the case of People's Power, if 151 people proposed it and voted, not 200 people, they would even judge the power dispute because of the violation of voting rights related to the impeachment of the People's Power lawmakers. We'll have to wait and see what decisions come out soon.
[Anchor]
Before hearing lawyer Lee's words, I will share with you the situation of the plenary session of the National Assembly at this time. A short time later, a vote on the impeachment of acting President Han Deok-soo will be held at the plenary session. Initially, it was supposed to start at 3 p.m., but it's being delayed a little. And there are two agendas today. There are two personnel agendas, the first agenda is to agree on the appointment of Supreme Court Justice Ma Yong-ju, followed by a vote on the impeachment of Prime Minister Han Deok-soo.
[Anchor]
A while ago, National Assembly Speaker Woo Won-sik was seated. It is expected that the plenary session will mind. And we just got a breaking news. Former Defense Minister Kim Yong-hyun, who is considered a key figure in leading the martial law crisis, has been reported to be put on trial for the first time among those accused of rebellion. The prosecution's special investigation headquarters today announced that it will arrest and indict former Minister Kim Yong-hyun on charges of engaging in important missions and abusing his authority.
[Anchor]
This is the first case of being handed over to trial on charges of civil war since the martial law incident. Former Minister Kim is suspected of being involved in the operation of arrest groups for politicians and the deployment of troops from the National Assembly and the National Election Commission. Former Minister Kim was arrested after an emergency arrest after voluntarily attending the prosecution on the 8th, five days after martial law. In addition, Kim held a press conference yesterday and protested that declaring martial law was an illegal investigation, saying it was a unique act of governance by the president. The related news will follow later, so we will connect with a reporter to find out.
Now, the Constitutional Court continues to deliver such hectic breaking news as the Constitutional Court, the National Assembly as the National Assembly, and the investigation as the investigation team. Won't the National Assembly vote on the impeachment of acting President Han Deok-soo a little later? What do you think about the debate between 151 seats or 200 seats now with the quorum of decisions?
[Lee Seung Hoon]
I think it's a part that can lead to debate. Because the prime minister can impeach by voting with 151 seats. The president has 200 seats, but he is the one who acts as the president's authority, and I think there can be enough controversy over whether he has 200 seats. However, he is the prime minister who acts as the president's authority. In addition, the Constitution has 200 impeachment cases against the president, but there is no presidential acting. If that's the case, I think we should consider it 151 seats. Also, National Assembly Speaker Woo Won-sik has the primary right to judge. If we judge this as 151 seats and vote on it, Prime Minister Han Deok-soo will be impeached.
And this is either a dispute with the Constitutional Court or a provisional injunction request not to suspend his duties, so he has to wait for the Constitutional Court's decision, but from the Constitutional Court's point of view, it is difficult to rule in favor of Prime Minister Han Deok-soo. Why? Prime Minister Han Deok-soo is saying that he will paralyze the function of the Constitutional Court when he has to make the function of the Constitutional Court work properly with nine people, which is the function of the Constitutional Court. And because this is not appointed by Prime Minister Han Deok-soo, but by appointing three members of the National Assembly, in fact, there is only a role of stamping.
Nevertheless, refusing to do so has no justification for Prime Minister Han Duck-soo, and if he is impeached again, won't there be a national crisis? Yes, a national crisis comes in the short term. However, since the person responsible for protecting the constitution, which should not neutralize these constitutional functions, is neutralizing the constitutional function, I think it is right to organize this quickly, even if there is a short-term disturbance and confusion. The Democratic Party leadership also made this decision after much thought and consideration.
[Choi Jinyoung]
What I want to tell you about that part is impeachment? There must be a serious reason, and that is a serious violation of the Constitution and laws, such as the reason for impeachment against former President Park Geun Hye. But were there any significant violations of the Constitution and the law now? As lawyer Lee admits now, there is no clear provision in the constitution for this quorum, so if you make the best judgment on what interpretation to follow, it is a constitutional interpretation.
Even if a different decision is made later, such a decision itself cannot be considered unconstitutional. Nevertheless, it is unconstitutional to take this to an extreme impeachment process and actually make the job a scarecrow by making an impeachment resolution, which is why major media outlets are now saying that the Democratic Party should no longer go out, but rather, the Democratic Party rather undermines the existence and stability of the country, and there are political investigations about whether it is a civil war.
Is it right to lead this point like that? Rather, I think there are reports that the Prime Minister's Office will not respond to this issue if the National Assembly decides to do so.
Nevertheless, if such a lawsuit is filed from the power of the people, it is highly likely that the Constitutional Court will make a decision as soon as possible. Because once you've made this decision, the U.S. Embassy or the Chinese embassy will ask you in a way. Who is the representative of Korea right now? Wouldn't the Democratic Party itself make it impossible to know who the representative of the Republic of Korea is? If you impeach 151 people when there are 200, then you have one president and two acting presidents. Does it make sense to self-identify this ridiculous state of national crisis? That's why I'm telling you to stop here.
[Lee Seung Hoon]
It's only right to add one word here, but if the president did that, he shouldn't have done ridiculous martial law. What are you going to do in the future if you say that a president holding a gun is not a rebellion against the National Assembly and the people? He became the president, but he got angry because he kept losing ground to the opposition party in the opposition camp, so now he's just putting martial law troops into the National Assembly. If this is constitutional and legal, both the Constitutional Court and the court, Korea becomes anarchy in lawless order. So you have to punish them very strictly. There's a leftover fire left. There is a residual fire of martial law, but will you keep this fire the same because you are afraid that the people will be nervous for a moment? I would like to say that the Democratic Party will decide today's impeachment because it has decided that it is in the people's favor to completely end this residual fire completely, even if there is some confusion now.
[Anchor]
In the end, the impeachment prosecution came today when acting Han Deok-soo announced yesterday that he would suspend the appointment of a constitutional judge. Then, how far is the authority of the acting president? Because acting Han Deok-soo vetoed six bills earlier, why are you hesitating to appoint a constitutional judge when he is very active in exercising this part? What do you think of this argument?
[Choi Jin-nyeong]
This part is very clear. The president has the right as the head of the executive branch, that position and that position as head of state. As I said, appointing the head of each administration or promulgating laws related to the administration is not the position of head of state, but the authority of the head of the administration. That's why acting Prime Minister Han Deok-soo has the right to veto as the president's, in a way, the head of the administration. On the other hand, the appointment of a Supreme Court justice, the appointment of a Constitutional Court justice, and this part, whether you trust the embassy to the outside world or send the military, is the command of the president as the head of state.
As I said, when you legally divide your position as head of state and your position as head of the executive branch of the president, why do you do it on the same plane and why don't you do it? That's a false answer to the question. That's why, as you said, it may not be the answer in this regard. But is it a serious violation of the Constitution and the law? In short, when asked if it was the reason for impeachment, it couldn't happen.
So if it becomes a problem, file a complaint for abuse of authority. That's how you get an investigation, how do you impeach someone who suspends his duties to bring him down from that position? Even if the authority of the National Assembly itself has a character of abuse of authority and authority, it is pointed out that if it is abused, it should be held criminally responsible.
[Lee Seung Hoon]
However, Prime Minister Han Deok-soo has a very dangerous idea: Is he an accomplice to the civil war or did he sympathize with the civil war? That's why he's not appointing a constitutional judge now to avoid his own investigation and to protect the president of Yoon Suk Yeol and use it as a shield. Please think about it. President Yoon Suk Yeol also tried to arrest former representative Han Dong-hoon, the leader of the ruling party. And they were trying to arrest former Chief Justice Kim Myung-soo, former Supreme Court Justice Kwon Soon-il, and senior judge Kim Dong-hyun. Then, it was recognized that the president does not recognize the judiciary and even the ruling party leader does not recognize the power of the National Assembly.
Then acting Han Deok-soo also recommended the Constitutional Court for the National Assembly, but the fact that the National Assembly does not recognize this means that it does not recognize the National Assembly. If these three do not appoint constitutional judges, the function of constitutional judges is becoming very difficult, and the Constitutional Court will have to close after April 18. Two people are going out again. If so, even acting Han Deok-soo can only be interpreted as neutralizing the National Assembly and neutralizing the Constitutional Court's function, and eventually showing actions for the purpose of the national constitution. It leads to a second civil war. In that respect, it is inevitable and I feel sorry for the people, but I have no choice but to make this choice. And I say this can never be an abuse of authority.
[Anchor]
At this time, a vote on the appointment of Supreme Court Justice Ma Yong-ju is being held in the plenary session of the National Assembly. In the power of the people now, some lawmakers seem to have come in and voted. Rep. Kim Sang-wook was seen a little while ago. Following this vote, a vote on the impeachment motion against Prime Minister Han Deok-soo is expected to begin.
[Anchor]
In the ruling party, it is now understood that Representative Kim Sang-wook and Representative Cho Kyung-tae also participated in the vote a while ago, and because it is a motion for appointment, anonymous voting is taking place now. So you're watching lawmakers go around and vote directly. Today, the second agenda is to vote on the impeachment motion against the acting president.
[Anchor]
As the impeachment motion against Acting President Han Deok-soo was reported just after 2 p.m. yesterday, a vote will be held in 24 hours. The news of the vote on the impeachment motion of Acting President Han Deok-soo will be reported in detail on Newson in a moment. So far, we have taken a closer look with lawyer Choi Jin-nyeong and lawyer Lee Seung-hoon. Thank you both.
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