[Anchor]
The Senior Civil Servant Corruption Investigations Unit is in a position to hand over only the execution of an arrest warrant for President Yoon to the police and maintain the right to investigate.
Amid criticism in the legal profession that it is unprecedented, President Yoon strongly criticized it as an investigation without legal basis.
Connect a legal team reporter to the scene.
Youngsoo Kim, reporter Lee Kyung-guk, please come out!
[Reporter]
The high-ranking government official's crime investigation office reports on this.
This morning, it was reported that the Senior Civil Servant Corruption Investigations Unit was handing over the execution of the arrest warrant to the police.
Since the execution deadline for the arrest warrant was midnight today, the reporters were suddenly interested in whether to re-enforce it.
Since then, reporters have asked various questions on their way to work,
Let's start with the situation at
.
[Dongwoon Oh / Senior Civil Servant Crime Investigation Director: (Why did you hand over the arrest warrant to the police?)]. (Didn't you actually give up the case?) .... (Wasn't the first attempt not enough?) .... (Why did the prosecution bring it if this is going to happen?) .... (Do you accept the logic of President Yoon's representatives that there is no investigative power?) ....]
[Reporter]
Why did the Senior Civil Servant Corruption Investigations Unit decide to hand over the execution of the warrant to the police?
[Reporter]
After this was known, the Senior Civil Servant Corruption Investigations Unit urgently held a back briefing.
Lee Jae-seung, a deputy prosecutor at the Senior Civil Servant Corruption Investigations Unit, said the police decided that it was better to execute an arrest warrant because the field command system needed to be unified.
At the same time, he acknowledged the limitations, saying he had no expertise in executing warrants.
It was expected to some extent that there would be resistance from the security service if the arrest warrant was executed.
Deputy Prosecutor Lee Jae-seung said
did not expect to block enforcement in this way.
He also said he determined that enforcement in the same way did not guarantee enforcement efficiency.
It will be difficult to avoid criticism for lack of preparation in executing arrest warrants.
[Reporter]
What legal basis did you explain to the police to hand over the execution of arrest warrants?
[Reporter]
The Senior Civil Servant Corruption Investigations Unit cited Article 81 of the Criminal Procedure Act and Article 200-6 of the Act, which states that arrest warrants are executed by judicial police officers under the direction of prosecutors.
If this applicable regulation is lifted and explained, it is an interpretation that the police can execute an arrest warrant under the direction of the prosecutor of the Senior Civil Servant Corruption Investigations Unit.
It is explained that the role of the Senior Civil Servant Corruption Investigations Unit is given to the Senior Civil Servant Corruption Investigations Unit Act as equivalent to that of the general prosecutor, so it follows the Criminal Procedure Act, but there is one controversial part.
According to Article 47 of the Corruption Investigations Unit Act, the command and supervision of judicial police officers in criminal investigations and the command and supervision of trial execution were excluded from the duties and powers of prosecutors of the Corruption Investigations Unit.
As a result, it may be argued that the Senior Civil Servant Corruption Investigations Unit prosecutor cannot direct the police to execute the arrest warrant.
[Reporter]
So isn't there a similar point in the legal profession?
[Reporter]
There is no disagreement that it is unusual to appoint an arrest warrant to the police.
In addition, it is widely interpreted that the Senior Civil Servant Corruption Investigations Unit will not be legally able to command judicial police officers.
As explained earlier, the Corruption Investigations Unit Act says that you can receive support from the prosecution or the police for investigation activities,
It is argued that the prosecutor of the Airborne Division cannot direct the police when
looks at this part.
Some point out that the Senior Civil Servant Corruption Investigations Unit arbitrarily interprets the Criminal Procedure Act, and some point out that it is too sophisticated.
[Reporter]
The Senior Civil Servant Corruption Investigations Unit said today that it is also considering handing over President Yoon's case back to the prosecution and police, right?
[Reporter]
Yes, the investigation into the emergency martial law case was in full swing last month, causing confusion as investigative agencies competitively conducted investigations.
In the end, the Senior Civil Servant Corruption Investigations Unit exercised the right to demand the transfer of the case to the prosecution and the police, and took over the case of President Yoon from both sides.
However, Lee Jae-seung, deputy chief of the Senior Civil Servant Corruption Investigations Unit, said today that he would not insist on the investigation of President Yoon for unnecessary reasons or proceed arbitrarily,
When it reaches some stage, it said it would consider returning the case to the prosecution and police.
He added that if the case is transferred again, it will be handed over to the prosecution, and if the special prosecutor is established, it will be handed over to the special prosecutor.
It seems difficult to avoid criticism that the Senior Civil Servant Corruption Investigations Unit, which brought the incident with confidence, only wasted time.
[Reporter]
What is the position of the President of Yoon Suk Yeol?
[Reporter]
Yes, Yoon Gap-geun, a lawyer for President Yoon, immediately stepped in when the news broke that the Senior Civil Servant Corruption Investigations Unit handed over the execution of the arrest warrant to the police.Attorney
Yoon said it is a "submission" and another illegal act for the Airborne Service to entrust the police to execute arrest warrants.
He then stressed that the Airborne Division Act does not stipulate that some of the investigations are entrusted to other investigative agencies, and that we cannot entrust some of them to other agencies like subcontracting them during construction,
Attorney
Yoon added that if the police go to execute the warrant, it will be an abuse of authority, warning that strong legal action will be taken against it.
Finally, lawyer Yoon argued that illegality is causing illegality and that the foundation of the judicial system is shaking, and that the Senior Civil Servant Corruption Investigations Unit and the police should follow due process rather than plotting a judicial rebellion with a trick.
So far, the airlift has delivered it to you.
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