President Yoon's arrest warrant is executed... on the fly.

■ Host: anchor Lee Jung-seop, anchor Cho Ye-jin
■ Telephone connection: Attorney Moon Yoo-jin

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News START] when quoting.

[Anchor]
Let's point it out with lawyer Moon Yu-jin, who was a judge. You're with the lawyer, right? Lawyer Moon Yu-jin, let's connect and listen to the situation. Although it is valid until the 6th, there is a background that it can be executed in the morning because it is the last day of the week.

[Moon Yu-jin]
That's right. The warrant was issued on November 30. It's until the 6th, so I have time. However, there is a possibility that there will be more protesters to be executed over the weekend, so the warrant says it can be executed before sunrise and after sunset, possibly to avoid clashes with protesters.

[Anchor]
How will the procedure be done when the arrest warrant is executed?

[Moon Yu-jin]
The arrest warrant is carried out by presenting a warrant to the President of Yoon Suk Yeol and then issuing a copy. At this time, Miranda's principle of maintaining the suspected facts and the right to appoint a lawyer should be notified and given an opportunity to make excuses. Although handcuffs can be used if necessary, considering the fact that he is a sitting president and the fear of fleeing is virtually slim, it is unlikely that he will be handcuffed considering the fact that Senior Airborne Officer Oh Dong-woon said he will keep his manners. Usually, they move by car of an investigative agency, but there is a possibility that they may use a security guard car to move to the airborne office for security.

[Anchor]
As you just mentioned, you said you usually move to an investigative agency car when you make an arrest, and you said there is a possibility of using a security guard vehicle, but so far, the situation has been reported that the investigation vehicle has started from the Senior Civil Servant Corruption Investigations Unit. If this part is arrested in the future, we will see what kind of vehicle it will move to. If I make an arrest, I will move to the Senior Civil Servant Corruption Investigations Unit and Gwacheon for investigation after the arrest, right?
[Moon Yu-jin]
is correct. If President Yoon Suk Yeol is arrested, the Senior Civil Servant Corruption Investigations Unit is expected to conduct an investigation at the video investigation room, a separate investigation space set up in the Senior Civil Servant Corruption Investigations Unit in the 5th building of the Gwacheon Government Complex in Gyeonggi-do. The video investigation room is the size of a general laboratory and is equipped with video recording equipment, and video and audio recording are possible from the beginning to the end of the investigation process of President Yoon Suk Yeol. Inside the investigation room, Yoon Suk Yeol's presidential lawyer and Lee Dae-han and deputy prosecutor are expected to be present on the opposite side. There is a similar-sized rest area across the video investigation room. The Senior Civil Servant Corruption Investigations Unit is known to have prepared more than 100 pages of questionnaires for newspapers. There is also a possibility that the president of Yoon Suk Yeol will exercise his right to refuse to make a statement.

[Anchor]
Isn't it possible to record a video when doing research? Do you think President Yoon will agree to the video recording? What would be advantageous and disadvantageous for President Yoon if we consider the advantages and disadvantages?

[Moon Yu-jin]
Former President Park Geun Hye refused to record the video. Former President Lee Myung Bak agreed to the video recording and was used as evidence in court. President Yoon Suk Yeol is not expected to agree to the video recording considering his current status as a president and concerns about leakage, but future claims of coercive investigations may reveal that there was or was a coercive investigation, and that he can make consistent initial statements that are difficult to make in court for a long time.

[Anchor]
If you execute an arrest warrant, the deadline for the arrest warrant is 48 hours. There is a limited time, but I wonder how much investigation will be conducted in this.

[Moon Yu-jin]
The Senior Civil Servant Corruption Investigations Unit is expected to not only continue the investigation on the day of the arrest but also the next day. Wait, if the execution is not possible within the validity period of the arrest warrant, according to the Criminal Procedure Act, the prosecutor will request an arrest warrant again by clarifying the reason for extending the validity period of the arrest warrant. Perhaps because he is a sitting president, the possibility of investigating as much as possible and then seeking an arrest warrant is being raised.

[Anchor]
If I do, how long can I extend it?

[Moon Yu-jin]
In the case of extension, it will be done by requesting an arrest warrant again. In this case, when you extend it, you usually charge it within 7 days.

[Anchor]
I'm also interested in requesting an arrest warrant within 48 hours.

[Moon Yu-jin]
is correct. Once arrested, they are expected to seek an arrest warrant as they have to arrest President Yoon Suk Yeol if they do not seek an arrest warrant or a warrant within 48 hours. The execution of an arrest warrant seems to be in effect the process of requesting an arrest warrant, but if the court issues a warrant and determines that the Senior Civil Servant Corruption Investigations Unit does not secure additional evidence or needs to investigate another reference person, the possibility of requesting or issuing an arrest warrant may decrease.

[Anchor]
With the court issuing an arrest warrant, the Senior Civil Servant Corruption Investigations Unit has gained a justification for investigating President Yoon Suk Yeol. There is a possibility that the police will be present during the investigation as the police believe that the charges of rebellion can be investigated. Anyway, what do you think about the possibility of joining as an axis of the joint investigation headquarters?

[Moon Yu-jin]
The prosecution has already transferred the case against President Yoon Suk Yeol and Minister of Public Administration and Security Lee Sang-min to the Senior Civil Servant Corruption Investigations Unit. Now that the Senior Civil Servant Corruption Investigations Unit has requested a warrant, the Senior Civil Servant Corruption Investigations Unit is expected to proceed with this investigation. Usually, when a prosecutor conducts an investigation, there are few cases where police are present in practice.
Therefore, it is unlikely that the prosecutor and the police will investigate together just because the police have the authority to investigate the crime of rebellion. It seems possible for the police to conduct an investigation into the president of Yoon Suk Yeol as an arrest warrant is executed in the form of a business trip investigation.

[Anchor]
When the Senior Civil Servant Corruption Investigations Unit completes its investigation, what will happen after that?

[Moon Yu-jin]
If we arrest President Yoon Suk Yeol and complete the investigation of the Senior Civil Servant Corruption Investigations Unit, we plan to detain him at the Seoul Detention Center in Uiwang, Gyeonggi Province. If the traffic is blocked, you can arrive in 20 minutes. If the arrest warrant is reviewed, the Seoul Detention Center will wait for the results.

[Anchor]
President Yoon Suk Yeol has previously filed a power dispute trial with the Constitutional Court and even filed a provisional injunction for the suspension of the arrest warrant, but separately filed an objection to the arrest and search warrant issued by the Western District Court. What legal basis do you have?

[Moon Yu-jin]
Currently, Korea does not have a system to appeal against the issuance of an arrest warrant itself. Therefore, it is interpreted as a problem with the execution itself. It is being discussed for reasons such as the provisions of Article 417 of the Criminal Procedure Act. If there is an objection to the prosecutor's detention, seizure, or return of confiscated goods, it seems that he has filed an objection by applying mutatis mutandis to the court to request the cancellation of the disposition. President Yoon Suk Yeol claims that the decision to issue arrest and search warrants was made in a way that excludes the application of criminal law provisions, which is beyond the jurisdiction of judges allowed by law. In response, some in the legal profession point out that even if the objection is cited, the arrest itself has no effect on suspension of execution, and if you dispute the legality of the arrest warrant, you must apply for legality after arrest. In the absence of a method of objection to the warrant trial, the court requested reconsideration by filing an objection, and attention is being paid to how the court will judge.

[Anchor]
Regardless of the result of the objection, the execution of the warrant will proceed, and the key is whether the court will accept President Yoon's objection. How do you view it?

[Moon Yu-jin]
The judge in charge of the Seoul Western District Court, who issued an arrest warrant and a search warrant for President Yoon, is expected to review it. In this case, it seems unlikely that it will be accepted.

[Anchor]
There are also concerns about whether the security service will prevent the execution or whether there will be a physical conflict when the arrest warrant is executed. This is the key part, but his job has been suspended anyway, but he is still protected by the presidential office's security. The security service also said it would take security measures in accordance with due process. So what does due process mean?

[Moon Yu-jin]
Although the security agency's position is theoretical, it seems highly likely that it will not cooperate with the execution of arrest warrants. Because the validity of the warrant itself is now questioned, President Yoon's lawyers have stated that the arrest warrant and the Absuyeongwon itself, which were requested by the Senior Civil Servant Corruption Investigations Unit, are illegal, so the security office is expected to prevent the execution of the warrant because the warrant itself is illegal.

[Anchor]
However, the arrest warrant seems to contain the purpose that the security service cannot prevent the execution of the warrant, but I heard that Articles 110 and 111 of the Criminal Law. Can you explain about this?

[Moon Yu-jin]
Uniquely, the warrant contains the content that the security service cannot prevent the execution of the warrant. Article 110 of the Criminal Procedure Act states that places requiring military secrets cannot be seized or searched without the consent of the person in charge. Therefore, it is a clause that requires the consent of the person in charge in places that require military secrets. Article 111 stipulates that as long as goods possessed or stored by a public official or a former public official are concerned, they cannot be confiscated without the consent of the government office under which they belong. President Yoon Suk Yeol's position is that the current residence of President Yoon Suk Yeol is a place that requires military secrets, so it is impossible to search without the consent of the person in charge. In response, the warrant does not prevent the execution of the warrant. Therefore, even if the warrant is a place that requires military secrets, it can be executed without the consent of the person in charge. This is a problem because there has never been a provision in the warrant itself that excludes the provisions of other laws like this.

[Anchor]
Arguments continue to be mixed and refutations are being made on this part. As you said earlier, there is an observation that if the security agency blocks the execution in a principled position, physical conflicts will inevitably occur. Is there any possibility of legal sanctions or punishment against the security agency if it actually blocks the execution of the warrant?

[Moon Yu-jin]
The security agency is currently preventing the execution of the warrant for two reasons: the need for military secrets, arrest, and illegal execution of the search warrant. Blocking the execution of the warrant may result in obstruction of the execution of special public affairs and abuse of authority. Since the security service's legal punishment precedes the judgment of whether or not the execution is illegal, the legal battle against the actual warrant execution blocker is also expected to be very fierce.

[Anchor]
According to the Senior Civil Servant Corruption Investigations Unit, if the security service prevents it, it is a crime of obstructing the execution of special public affairs. What does this mean?

[Moon Yu-jin]
The crime of obstructing the execution of special public affairs is a clause that is punished by one-half more than the crime of obstructing the execution of general public affairs. It is a clause of punishment that is aggravated when you show group or multiple powers or carry dangerous objects. It is expected that the police will try to execute the arrest warrant several times within the expiration date of the warrant. The Senior Civil Servant Corruption Investigations Unit's position is that if the security service prevents this, it constitutes an obstruction of the execution of special public affairs because it constitutes multiple powers.

[Anchor]
It is said that they are considering the deployment of a police task force, but they are taking a strong stance. Can I interpret it like this?

[Moon Yu-jin]
Yoon Gap-geun, a lawyer for President Yoon Suk Yeol's lawyers, is strongly opposed to this. According to the Airborne Division Act, the Airborne Division's prosecutor and investigator should execute the arrest and search warrant directly because there is no comprehensive investigation command on the police. President Yoon Suk Yeol said in a statement that if police task forces go beyond congestion and security activities to arrest and execute search warrants on behalf of the Senior Civil Servant Corruption Investigations Unit to prevent physical conflicts, they can be arrested not only by the security service but also by citizens. The police also expressed their position on this. The police are emphasizing that they will not raise the issue of illegality in the enforcement process through sufficient legal review and consultation with the Senior Civil Servant Corruption Investigations Unit. We are fully aware of the various opinions regarding the support of the Senior Civil Servant Corruption Investigations Unit, and we understand that the Joint Investigation Headquarters among the police and Senior Civil Servant Corruption Investigations Unit is considering sending a police mobile unit so that there is no problem in the execution of the arrest warrant.

[Anchor]
We are now reviewing the legal principles to prevent the issue of illegality from being raised during the enforcement process, he said. What are some ways in which the illegality issue is not raised?

[Moon Yu-jin]
The validity of the arrest warrant itself is currently being questioned, so execution itself is a problem. The position of the Senior Civil Servant Corruption Investigations Unit can be interpreted as saying that at least bloodshed will not occur.

[Anchor]
If so, in the end, how much cooperation the security agency has in the execution of the arrest warrant seems to be the key, what do you think?

[Moon Yu-jin]
During the Park Geun Hye presidency, the search and seizure were not carried out properly. This is because the president's identity protection and responsible security services blocked access. In fact, in relation to the martial law, the police also blocked former Defense Minister Kim Yong-hyun's raid on Hannam-dong mission in Yongsan-gu on the 8th, citing security reasons. Therefore, there is a possibility that the execution route will vary depending on whether the security agency stops it this time.

[Anchor]
If we don't want to be questioned about illegality, we'll try to avoid bloodshed as you said, so if you've made this prediction, can we not try to force ourselves into it?

[Moon Yu-jin]
However, from the perspective of the Senior Civil Servant Corruption Investigations Unit, the arrest warrant is expected to try because the execution period is set. However, if there is bloodshed, this may be a question of the legality of the execution from the standpoint of the Senior Civil Servant Corruption Investigations Unit, so I don't think I will try too hard.

[Anchor]
We all hope that there will be no conflict between the public authorities, but if we fail to secure new recruits today, how can the Senior Civil Servant Corruption Investigations Unit take the next step?

[Moon Yu-jin]
If you fail to secure a recruit today, you can try again on the weekend. However, if we move on to the weekend, there is a possibility that there will be more rally crowds around this Hannam-dong residence, making it more burdensome.

[Anchor]
We continue to show videos around the official residence, but supporters are gathered. Also, the possibility of a clash of supporters continues to be raised. I think this will be a burden for the Senior Civil Servant Corruption Investigations Unit.

[Moon Yu-jin]
The Yongsan Police Station in Seoul has already forced the dissolution of some supporters and members of conservative groups who opposed the impeachment of President Yoon. In addition, two people were arrested on charges of obstruction of justice at a rally near the official residence. Currently, 10,000 pro-yoon groups are confronting the police, and tensions are rising. The possibility of such a collision is also expected to serve as a practical difficulty in executing the warrant, as some strong supporters have crossed the police police line and entered the front door of the official residence.