[News Now] 'Doubtful' Corruption Investigations Unit Re-requests President Yoon's Arrest Warrant...What's the future investigation?

■ Host: Anchor Lee Ha-rin and Anchor Jung Ji-woong
■ Starring: Lawyer Park Sung-bae

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

[Anchor]
The Senior Civil Servant Corruption Investigations Unit said it would entrust the police to execute the arrest warrant for President Yoon, but withdrew its position after the backlash.

[Anchor]
Amid criticism of the back-and-forth attitude, the Senior Civil Servant Corruption Investigations Unit again requested a warrant for the arrest of President Yoon to the court. Let's talk about this with lawyer Park Sung-bae. Welcome.

[Anchor]
It seems that the police and the Senior Civil Servant Corruption Investigations Unit are divided over the interpretation of the law over who will go to arrest the president.

[Park Sung-bae]
It seems that the Senior Civil Servant Corruption Investigations Unit has excessively expanded the relevant laws and regulations. In addition to looking at the overall law of the Senior Civil Servant Corruption Investigations Unit, the criminal procedure law should be interpreted appropriately within the current changed criminal justice system, but such efforts seem to have been lacking. However, aside from all these controversies, there is a strong backlash against President Yoon's illegal execution of warrants. If the execution of the arrest warrant proceeds as it is, this will likely emerge as a controversy throughout the future execution of arrest warrants as well as the subsequent interrogation and trial of suspects. It seems appropriate for the Senior Civil Servant Corruption Investigations Unit to withdraw its position belatedly.

[Anchor]
Article 47 of the Corruption Investigations Unit Act and Article 81 of the Criminal Procedure Act were cited as the basis for the Senior Civil Servant Corruption Investigations Unit's appointment to the police. Among them, Article 81 of the Criminal Procedure Act is controversial, so please explain this part.

[Park Sung-bae]
Of course, the Public Offices Act requires that the Criminal Procedure Act be applied mutatis mutandis to the extent that it does not violate the provisions of this Act. However, Article 81 of the Criminal Procedure Act stipulates that arrest warrants are executed by the police under the direction of the prosecutor. This regulation presupposes the prosecutor's right to command the investigation into the police. However, a fundamental question arises whether the prosecutor of the Senior Civil Servant Corruption Investigations Unit can exercise command over the police. If you look at the various regulations of the Corruption Investigations Unit Act, there is no room for the relationship between the Corruption Investigations Unit and the police to be regarded as a mutual cooperation relationship and a command relationship.

In other words, since the provisions of the Criminal Procedure Act are contrary to the provisions of the Public Offices Act, there is a limit to applying the provisions of the Criminal Procedure Act as it is. As the prosecution and police investigation rights were adjusted in 2021, most of the prosecutors' command of the police was abolished. Some of the remaining provisions are on the execution of warrants and the disposal of confiscated objects, but rather than intentionally leaving the remaining regulations on command, it is a reasonable interpretation to see it as an unprocessed part because there are so many regulations on command. Under this current legal system, fundamental questions arise about whether the prosecutor of the Senior Civil Servant Corruption Investigations Unit has the authority to direct the police, and after adjusting the investigation rights of the prosecution and police in 2021, the prosecutor does not exercise the authority to direct the investigation to the police when executing the warrant issued by himself. I've been executing the warrant myself.

Rather, according to Article 17 (4) of the Public Offices Act, prosecutors and investigators of the Public Offices can ask related agencies, including the police, to cooperate in the investigation, so there is some basis for asking the police to cooperate in the investigation if necessary during the execution of the warrant. Based on this provision, it may be considered that an arrest warrant can be executed.If Ma actually does something like that based on this clause, it is expected that President Yoon will strongly oppose it, as explained earlier, and this will emerge as an issue throughout the investigation and trial process.

[Anchor]
So, the command of the prosecutor's warrant is in the law, but this remains in the enforcement ordinance, right? Even if it remains under the

[Park Sung-bae]
Act, prosecutors are not exercising their right to conduct investigations against the police, and related enforcement regulations also have regulations on the premise of excluding command. In addition, the Criminal Procedure Act is required to apply mutatis mutandis to the extent that it does not go against the provisions of the Corruption Investigations Unit Act itself, and if you look at the various provisions of the Corruption Investigations Unit Act, there are many provisions that do not presuppose the right to command the investigation.

As explained earlier, if there is a clause that allows prosecutors and investigators of the Senior Civil Servant Corruption Investigations Unit to ask the police for cooperation in the investigation, it should be considered that the right to command the investigation has already been excluded. In the absence of faithfully and broadly reviewing the entire Senior Civil Servant Corruption Investigations Unit Act, it is difficult to escape criticism that the execution of arrest warrants was made on the premise of the right to command the investigation and that the relevant laws were not properly interpreted.

[Anchor]
So, the legal basis has disappeared due to the implementation of the adjustment of the prosecution and police investigation rights in 2021, but as this command came down, the police said that the inside of the police was bubbling.

[Park Sung-bae]
Even within the police, even the prosecutor now executes the warrant he requested and issued, but he does not exercise the right to command the police to execute the arrest warrant, but it seems to have been quite embarrassing as the prosecutor of the Senior Civil Servant Corruption Investigations Unit has commanded the execution of the arrest warrant. Moreover, according to the police explanation, the procedure and method suddenly entrusted the command of the execution of the arrest warrant on the last day of the execution deadline without any prior consultation, which seems to have caused considerable opposition. Since the adjustment of investigative powers in 2021, prosecutors and police have also seen some confusion within the newly implemented criminal justice system.In the course of three to four years, most of the investigations are conducted by the police, and the prosecution is prosecuting, conducting some investigations for prosecution, as well as establishing itself to some extent as an agency dedicated to maintaining public prosecution. In the process, it seems that the prosecutor of the Senior Civil Servant Corruption Investigations Unit was in charge of executing the arrest warrant out of the blue.

[Anchor]
Some point out that the adjustment of the prosecution and police investigation rights may have created a hole in the judicial system that has never existed before.

[Park Sung-bae]
In fact, I don't think that's a reasonable point. After various controversies, the adjustment of the prosecution and police investigation rights has been implemented in the National Assembly, and the adjustment of the prosecution and police investigation rights presupposes a full revision of the Criminal Procedure Act and the Prosecutor's Office Act. In the process, the new system has caused some confusion in the judicial system that is different from the criminal justice system over the past 60 years. In the process, there was also an inconvenience that the related case did not proceed quickly as the public felt, but the police themselves and the prosecution are settling down to some extent through their own efforts. As explained earlier, most of the investigations are handled by the police and prosecutors are in charge of prosecution, but they are not only conducting some investigations directly to the extent necessary for prosecution, but they are also establishing themselves as a public prosecutor to a large extent. As the situation is being settled to some extent, it seems reasonable to interpret that the Airborne Division caused controversy by not properly interpreting the relevant laws and regulations in the process.

[Anchor]
There is confusion, but in the beginning of the investigation, the prosecution, the police, and the Senior Civil Servant Corruption Investigations Unit said they would do it with each other, secure the presidential recruits, and now they are pulling back that they will not do it independently. However, some analysts say that this situation gives President Yoon an excuse to endure.

[Park Sung-bae]
Competition for investigative rights between the Senior Civil Servant Corruption Investigations Unit, the prosecution, and the police was tied to some extent at the beginning of the incident. Regarding the case that the Senior Civil Servant Corruption Investigations Unit asked for an investigation transfer, both the prosecution and the police transferred. There is no compulsory clause in the request for an investigative transfer.There is room for controversy over the illegal investigation when Ma did not respond because it is a mandatory clause, so there is room for some consideration of President Yoon's opposition. If so, the Senior Civil Servant Corruption Investigations Unit is obligated to conduct a full investigation, including the execution of an arrest warrant, at least for the investigation that received the transfer. In fact, in the process of executing the first arrest warrant, the backlash of the security service was expected to some extent, and except for this, it was a fairly easy requirement to execute the arrest warrant.

The reason for this is that first, the warrant judge who issued the arrest warrant stated that Article 110 of the Criminal Procedure Act does not apply to search warrants, and the military and police who were in charge of security also made way for the execution of the arrest warrant. Furthermore, the police who were mobilized at the scene also used their careers to prevent the rally personnel from colliding, and even expressed their intention to arrest those who obstructed the arrest at the scene. In this situation, physical conflicts often occur during the execution of arrest warrants. It seems that the execution of an arrest warrant was sufficiently possible if there was some physical conflict. If only one or two high-ranking officials from the security service actually arrested the current offender at the scene, it is difficult for the security service staff to resist any more. Unlike the public announcement, it was difficult to deny that they were also guilty of the fact that they were going to execute the warrant issued by the court. Nevertheless, the Senior Civil Servant Corruption Investigations Unit is in even greater trouble as it does not carry out any more arrest warrants, and in the process of executing the second arrest warrant, the security service will already mobilize more manpower and equipment to prevent it. We have come to a situation where we need to put in more manpower and equipment.

[Anchor]
As for the reason for the failure in the first round, the Senior Civil Servant Corruption Investigations Unit said, "I didn't know the security service would resist so stubbornly." Are you saying that we all predicted it, but the airlift didn't?

[Park Sung-bae]
To put it simply, when executing an arrest warrant, about eight out of ten suspects respond smoothly. The reason is that when one suspect is arrested, three or four police officers are usually put in. The reason is not that arrest cannot be made, but because three or four overwhelming personnel must be deployed to smoothly execute arrest warrants in a situation where neither the opponent nor the police are injured. However, about two cases per ten are strongly resisted by the subject, and in some circumstances, weapons may be used to deal with them. The situation is a common occurrence in investigative practice. In the process of executing an arrest warrant, an unexpected situation can occur at any time, so it seems to be only an excuse to think that it was not predicted. We need to anticipate and respond to the possibility of a physical conflict in the execution of an arrest warrant. I couldn't respond.Or, if you are afraid of physical conflict, it is possible to criticize that you should withdraw from the investigation.

[Anchor]
The failure of the Senior Civil Servant Corruption Investigations Unit to execute the arrest warrant despite the expected backlash seems to continue to lead to criticism of the Senior Civil Servant Corruption Investigations Unit's capabilities. Didn't the transfer of investigative rights to the police and the voice of the special prosecutor continue to grow?

[Park Sung-bae]
For now, it will take at least a few weeks for a special prosecutor to be established, so there is no time to wait until the launch of the special prosecutor. In fact, with the exception of President Yoon, all key figures, including former Defense Minister Kim Yong-hyun, have been arrested and prosecuted for completion of the investigation to some extent, and are expected to be arrested and prosecuted in the future. It appears to be the final stage of the investigation. It is safe to say that the investigation into President Yoon is the only remaining stage, but the Senior Civil Servant Corruption Investigations Unit, which has been transferred to the related case and the investigation into President Yoon, is obligated to complete the investigation to some extent at their level.

Of course, we don't have the authority to prosecute, so when the investigation is completed to some extent, we'll have to transfer the case to the prosecution for prosecution.When the prosecution took over the case, the prosecution has already secured considerable data by arresting and prosecuting related people, including former Defense Minister Kim Yong-hyun. We have an obligation to complete the investigation to some extent so that there is no difficulty in prosecuting. Even so, the Senior Civil Servant Corruption Investigations Unit is receiving a lot of investigation support from the police and prosecution. The police have been supporting the results and manpower of the investigation, and the prosecution is in a position to receive full investigation records of those who are scheduled to be prosecuted in the future, such as former Defense Minister Kim Yong-hyun, who was arrested and charged for the first time related to the case, and Moon Sang-ho, the intelligence commander.

In the course of the investigation, there is also a considerable advantage in preparing a suspect interrogation report or composing related investigation records. The police and the prosecution have laid the groundwork for the investigation to secure a sufficient basis for the investigation if they complete the investigation of the case and proceed with it to a certain extent. In this situation, they should not hesitate to exercise their physical strength and at least handle their duties and interrogation of suspects against President Yoon properly and hand them over to the prosecution. The special prosecutor appears to be a matter to be discussed after that.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit's own manpower is insufficient, which can't be an excuse.

[Park Sung-bae]
That's right.

[Anchor]
We've pointed out the controversy over Article 81 of the Criminal Law. I've seen this part about whether the Senior Civil Servant Corruption Investigations Unit can order arrest or not, and the interpretation of the law is also divided over whether Acting President Choi Sang-mok can cooperate with the arrest. It's Article 3, Paragraph 3 of the Corruption Investigations Unit Act. Please tell us about this part, too.

[Park Sung-bae]
Of course, from the standpoint of the Senior Civil Servant Corruption Investigations Unit, you can ask acting authority Choi Sang-mok to give you instructions to cooperate with the execution of the arrest warrant. However, the acting authority Choi Sang-mok has not made a clear position related to Article 3 (3) of the Public Offices Act and the President does not order or consult on the affairs of the Public Offices. In response, the Senior Civil Servant Corruption Investigations Unit requested cooperation from the authorized agency, and the grounds for the Senior Civil Servant Corruption Investigations Unit are that it can ask related agencies to cooperate in the investigation. However, even if there is this provision, it can be used as a defense logic for acting chief Choi Sang-mok, as Article 3, Paragraph 3 of the Public Offices Act explicitly states that the president should not instruct or consult on the affairs of the Public Offices.

It is once again questioned whether the Senior Civil Servant Corruption Investigations Unit has properly reviewed the entire Senior Civil Servant Corruption Investigations Unit Act, which is a provision that the president should not reduce by engaging in the Senior Civil Servant Corruption Investigations Unit investigation, but rather should not contribute to excessive expansion of the Senior Civil Servant Corruption Investigations Unit. It's a clause that should not be involved in any form. Of course, the fundamental purpose seems to be that this provision was introduced with the intention that the President should not reduce the related investigation by engaging in the Senior Civil Servant Corruption Investigations Unit investigation.As the phrase itself is a clause that should not be consulted, it seems that the prohibition clause, such as the president's consultation, can be applied first in advance of the general clause, the request for cooperation. Based on this provision, if the acting president Choi Sang-mok has a defense logic to refrain from making comments related to it, in fact, there is no room for any other defense from the standpoint of the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
The deadline for the execution of the arrest warrant for President Yoon Suk Yeol ended yesterday. The Senior Civil Servant Corruption Investigations Unit has requested an arrest warrant again to extend the validity period. When I first got the warrant, it took about 30 hours, how long would it take this time?

[Park Sung-bae]
There is a high possibility that an arrest warrant will be issued within today. There seems to be little room for another judgment regarding the issuance of an arrest warrant, as there has been no change in the degree of clarification of criminal charges or the situation in which President Yoon is not responding to the summons. However, in the process, when the warrant judge issued the arrest warrant last time, he wrote a statement that Article 110 of the Criminal Procedure Act does not apply to the search warrant. Of course, President Yoon has filed an objection to the arrest warrant, and another judge of the Seoul Western District Court has concluded that there is a legitimate reason for the issuance of the arrest warrant. In addition to the right to investigate rebellion, Article 110 of the Criminal Procedure Act does not apply. In other words, it has made its own explicit judgment that the search restriction rules for military secrets do not apply to searches for arrest.

If so, the warrant judge who will reissue the arrest warrant this time will also be less burdened, and this time, the search warrant can include an exception that Article 110 of the Criminal Procedure Act does not apply.As President Yoon strongly opposes it, there is a possibility that he may issue quite simple arrest and search warrants with the intention of properly executing arrest and search warrants at his own judgment, that is, at the judgment of the Senior Civil Servant Corruption Investigations Unit, which executes the warrant.

[Anchor]
He is now waiting for the second arrest warrant, but in the case of the first arrest warrant, there were criticisms that the Senior Civil Servant Corruption Investigations Unit made too much rumors. He informed all the expiration dates and criticized President Yoon for giving him this message, saying, "You just have to wait until then." Perhaps that's why he said he wouldn't inform the expiration date this time.

[Park Sung-bae]
In fact, the process of issuing the first arrest warrant is unusual. Arrest warrants are dominated by the principle of trafficking, so there is no precedent for investigative agencies to request and issue arrest warrants in a surprise manner, and in the meantime, the suspect recognizes this and issues a pleading opinion not to issue a warrant. You don't know the fact that you applied for an arrest warrant, so there is no room for defense procedures related to it. However, as the first application for an arrest warrant was made public in advance, President Yoon submitted a defense opinion, including no right to investigate the rebellion, and carried out a procedure to prevent the execution of the arrest warrant, but an arrest warrant was issued in the end. If a second arrest warrant is issued, it is expected to execute the arrest warrant relatively quickly, but there seems to be no reason for further delay.

However, in the process of executing the second arrest warrant, the security service is expected to mobilize more manpower and equipment compared to the time of the first arrest warrant execution. In the course of the second round of arrest warrants, it is inappropriate to mention specifically what should be done on the spot.Ma said, "If the security agency mobilizes additional equipment, police commandos and others are deployed, if some equipment is mobilized and heavy equipment is used, it seems possible to execute an arrest warrant quickly if there is only a certain amount of space for manpower.

[Anchor]
The police confirmed that ordinary soldiers were mobilized when they checked the execution of the first warrant, but of course, the security service denies it. How can legal issues be raised in the future?

[Park Sung-bae]
From the perspective of ordinary soldiers, even if they followed the illegal order of their superiors, it does not mean that related crimes will not be established. However, it is quite questionable whether the police will even appoint regular soldiers, but if the fact that they mobilized regular soldiers is found to be true, the police seem to have grasped the facts to some extent through filming at the scene. If so, the possibility that the mobilization of ordinary soldiers will be revealed as true increases considerably. There is also a possibility that the head of the security department may be booked on charges of abuse of authority.

In other words, the possibility of additional charges of abuse of authority is expected to be charged with mobilizing personnel to resist law enforcement by issuing illegal orders. It is unlikely that these ordinary soldiers will be booked themselves. However, if there is a related basis for mobilizing ordinary soldiers as long as such controversy has arisen at this point, it will be quite burdensome for the security service to mobilize additional ordinary soldiers in the process of resistance in the future. At that time, the possibility of arresting those who gave such orders on the spot is fully expected, and ordinary soldiers are ordinary young people who joined the military for compulsory service. There is also a high possibility that these ordinary young people will experience significant mental difficulties. Perhaps with the execution of the second arrest warrant in mind, this same story seems to be coming and going.

[Anchor]
We took a closer look at the news about the investigation of President Yoon with lawyer Park Sung-bae. Thank you.