President Yoon's search warrant "Exception to the Criminal Law"...argue in the legal profession

Investigation agency's search and seizure of the presidential office, repeatedly disappeared

Security Department blocks enforcement on the basis of Articles 110 and 111 of the Criminal Code

The applicable provisions do not apply to President Yoon's search warrant

Defensive logic disabled by security...The legal community continues to argue.

[Anchor]
Controversy continues over the court issuing a search warrant for the arrest of Yoon Suk Yeol's president and writing that the search cannot be prevented for military or official reasons.

There is a confrontation between the claim that it is a judicial excess and the claim that it should be executed as it is a legitimate warrant.

I'm reporter Lee Kyung-guk.

[Reporter]
The search and seizure of the presidential office by the investigative agency has been canceled repeatedly.

[Chief Superintendent Kim Geun-man / Special Investigation Team on Emergency Security (last month 11th): They refused to go in person and decided to receive voluntary submissions accordingly.]

Articles 110 and 111 of the Criminal Procedure Act are the grounds for the Presidential Security Service to prevent the execution of warrants.

The content is that places that are military secrets cannot be confiscated or searched without the consent of the person in charge, and the goods of public officials that are confidential for their duties cannot be confiscated without the consent of the government office.

However, the search warrant issued by the Seoul Western District Court along with the arrest warrant for President Yoon stated that these provisions do not apply.

The defense logic of the security service has become powerless, and the legal profession continues to debate it.

First of all, some argue that the court's stipulation of exceptions to the application in the warrant is an "excessive judicial law."

There is no basis for either the Constitution or the law, and there may be controversy over the validity of the warrant.

[Jang Young-soo / Professor of law at Korea University] Isn't it issued in accordance with the Constitution and laws? But the warrant excludes the validity of the law? It can't happen in the legal system.]

On the other hand, the search warrant is only for the arrest of President Yoon, and as there is no fear of violating security or official secrets,
There is also a counterargument that the
court only wrote down the principles to prevent possible conflicts.

A judge-turned-lawyer pointed out that the warrant was issued after a legal review, and that it is not a matter of dispute over its effectiveness in the current situation, although it can be argued through a trial later.

However, there was no disagreement that it was unusual for such information to be stated in the warrant, as it was the first issue to be in contact with the arrest of an incumbent president.

This is YTN Lee Kyung-guk.


Video editing: Yoon Yong-jun
Design: Im Saetbyul