The arrest warrant's due date is today...an attempt to execute a warrant for the Senior Civil Servant Corruption Investigations Unit.

■ Host: anchor Lee Jung-seop, anchor Cho Ye-jin
■ Telephone connection: Attorney Kim Sung-hoon

* 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]
The deadline for the execution of the arrest warrant for President Yoon is today. Related Stories Let's talk with lawyer Kim Sung-hoon. You're with the lawyer, right?

[Kim Sung Hoon]
Hello, I'm Kim Sung Hoon.

[Anchor]
The warrant is due today. Corruption Investigation Department, what should we do with our enforcement attempts over the weekend?

[Kim Sung Hoon]
In the end, an arrest warrant is a warrant issued by the court because he thought there was a need for personal arrest. It can be said that it is very unusual and rare that an investigative agency obtains a warrant and gives up and does not execute it due to physical force. That's why it seems highly likely to re-execute before the warrant deadline has passed.

[Anchor]
Then, do you think there is a possibility that it will be executed again by surprise today?

[Kim Sung Hoon]
Of course, since I was physically stopped by the security service last time, I am asking for cooperation from Acting Chief Executive Choi Sang-mok for fear of a collision once again, but I think there is a little more possibility of re-enforcement because the request for a warrant itself is meaningless in the first place.

[Anchor]
I don't think there's any movement at the Senior Civil Servant Corruption Investigations Unit yet. Did you see the situation?

[Kim Sung Hoon]
I'm also looking at it through the reports. In conclusion, nevertheless, if we don't execute it today, I think there is a possibility that we will consider and proceed with the pre-arrest warrant request plan to avoid physical conflict.

[Anchor]
There was a physical conflict with the security last time, but there are also many participants in the rally. Since early in the morning, there are also participants in the pros and cons rally, so will the Senior Civil Servant Corruption Investigations Unit be considering those aspects?

[Kim Sung Hoon]
This was the same at the time of the execution of the arrest warrant last time. In that regard, it can be said that it is the basic degree of the investigative agency to obtain a warrant and execute it and proceed with the investigation accordingly. If you were concerned about those parts, you shouldn't have requested a warrant at all. In that regard, it seems that the minimum obligation for the role of the Senior Civil Servant Corruption Investigations Unit is to properly execute the warrant issued as a law enforcement agency.

[Anchor]
It is said that security around the official residence has become stricter. After the first execution last Friday, barbed wire was reinforced on the mountain road in the precinct, and facility equipment was strengthened. The Senior Civil Servant Corruption Investigations Unit's struggles are expected to deepen.

[Kim Sung Hoon]
It looks like it will have a stronger physical resistance. Also, yesterday, the security chief officially told me that he could not comply with the warrant because it was illegal. As far as I know, this is the first time that a person in charge of public affairs in Korea has expressed a public view that a warrant issued by the judiciary cannot comply because it is illegal. And the victim filed a quasi-appeal against the warrant. In this regard, there was an appeal by the court that there was no reason for each reason to point out the illegality of the warrant. In this situation, I think there should be a very important legal judgment as to whether it is possible for the security service to arbitrarily judge the illegality of the warrant and neutralize the validity of the warrant itself.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit must know that the security equipment has been strengthened, but if the Senior Civil Servant Corruption Investigations Unit executes it today, do you think there will be a card that has been prepared a little stronger than the first execution?

[Kim Sung Hoon]
If it is executed, of course it should be. Basically, it's not a matter of agency bickering between one individual agency, the Senior Civil Servant Corruption Investigations Unit, and then another agency, the Security Service. This is a matter of warrant. There is no agency in the Korean judicial system that can refuse or reject the execution of warrants issued by the judiciary. In particular, there is no institution to resist arrest warrants. In other words, is it not just a dispute between the institution and the institution, but does it leave it as it is by an institution that has to perform its duties in accordance with the law? Or does it not and proceed with law enforcement according to the law? I think there are only two choices left.

[Anchor]
It took a very long time to execute the first time, but it was eventually suspended. It took 5 and a half hours, but if I execute it today, it could be similar time or longer, right?

[Kim Sung Hoon]
I don't know if it's executed without much preparation, but the security chief has strongly expressed his intention not to respond to the warrant. Since I have clearly stated my interpretation of the warrant issued by the judiciary beyond the legal system that the chief of security will judge the validity of the warrant issued by the judiciary, if there is a clear part of such illegal resistance, I think it should be organized as a separate criminal charge against the subject and proceed with the preparation for law enforcement.

[Anchor]
Now the police seem to be in a tougher position than the Senior Civil Servant Corruption Investigations Unit. Again this time, if the security service prevents the execution of the warrant, news has spread that it is considering arresting him as a current offender.

[Kim Sung Hoon]
That's the point. If the head of any agency, whether it's the bodyguard, or any agency, uses physical force in the execution of a warrant issued by the judiciary or even uses his own forces to resist it, it makes sense to be arrested on charges of obstruction of justice. I think this is a simple problem right now. Basically, when the suspect is arguing for a warrant issued by the judiciary, does the person in charge of the government agency give the authority to decide that I will not follow the warrant because it is illegal, or will the law be executed fairly by making it clear this time that no one can be an exception to the execution of warrants issued by the judiciary and no one can judge arbitrarily? That can be seen as the core of this time.

[Anchor]
Park Jong-joon, the head of the Presidential Security Service, expressed his public position. The security service publicly stated that responding to the execution of the warrant is a dereliction of duty. What do you think about this?

[Kim Sung Hoon]
Basically, the judgment on the validity of the warrant is made by the judiciary in the constitutional order of Korea to determine whether the warrant itself is legal and whether to issue the warrant. I don't know that one person in charge of the administration is saying that they want to follow the warrant and they don't want to follow it. As far as I know, it's the first time I've seen it. Even if it is a security service, it is not an institution that exists on the constitution, legal order, and separation of powers, so it respects and follows the court's decision in that regard. Basically, it's the judiciary that decides when there's a disagreement with each other on all of these things, whether it's the interpretation of the law or the enforcement of the law. If we take many issues to the judiciary and choose the judiciary's decision accordingly, it will be difficult to maintain the rule of law that can be maintained accordingly by respecting the judgment and decisions of the judiciary.

[Anchor]
There is still a possibility of executing an arrest warrant, and we will continue to watch the situation. In the meantime, the Western District Court rejected President Yoon's objection to the arrest and search warrant against the Senior Civil Servant Corruption Investigations Unit. Should I say I've lost my justification for rejection?

[Kim Sung Hoon]
Obviously, that's the case. Basically, it was judged that it was not legal to argue with the arrest and search warrant in a quasi-appeal manner. In addition, the Senior Civil Servant Corruption Investigations Unit investigated the rebellion and decided that there was no legal problem in issuing a warrant based on the investigation. And since the city where the suspect is now located is the jurisdiction of the Western District Court, it was judged that there was no problem that the Western District Court issued a warrant for this part. Lastly, this part is the most important. What the security service keeps talking about is Articles 110 and 111 of the Criminal Procedure Act. As I said before this judgment, Articles 110 and 111 of the Criminal Procedure Act apply to the parts concerning the seizure and search of goods. In order to proceed with arrest warrants, such as arrest warrants, human beings, or arrests of people, Article 137 applies mutatis mutandis, and Articles 110 and 111 do not apply, so in conclusion, it was decided that the search for the execution of the arrest warrant could not be refused for reasons such as military secrets. The reason why this decision is meaningful is why Articles 110 and 111 do not apply in this decision, although these details were not written in detail in the last warrant. That's why we decided that the legal interpretation that Articles 110 and 111 do not apply is not a problem. This is also not a judge issuing a warrant, but a judgment on another appeal. If this judgment is also not respected and the security chief decides whether to accept it or not, our society will be in the same situation as having a security chief above the judiciary.

[Anchor]
You pointed out that it was an unprovoked rejection, but when the Senior Civil Servant Corruption Investigations Unit tried to execute it today and it failed, the deadline was anyway today, so I wonder how many cases I can choose to make later.

[Kim Sung Hoon]
If the arrest warrant is not executed properly today, I don't think extending the period of the arrest warrant here will be a very meaningful option. This is because even though the period was not short, it could not be executed. So, in conclusion, I think it will proceed with the preparation to request a preliminary arrest warrant and immediately prosecute it based on it. Some may evaluate this as early as this, but since the arrest and prosecution of important mission workers has been almost completed recently, the investigation of the head of the rebellion and the prosecution of it are also an important factor in confirming the weight and substantive truth of this case.

[Anchor]
I see. That's all for today. I was with lawyer Kim Sung-hoon. Thank you, lawyer.