[Issue ON] Can I get a second arrest warrant?a twisting 尹 investigation

■ Host: anchor Lee Ha-rin, anchor Jeong Jin-hyung
■ Starring: reporter Baek Jong-gyu, lawyer Son Jeong-hye

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

[Anchor]
After the Senior Civil Servant Corruption Investigations Unit requested a second arrest warrant, the court continues to agonize over whether to issue it.

[Anchor]
Even if an arrest warrant is issued, the law enforcement authorities have a high-level task of how to succeed in enforcement amid the quadruple security built up by the security agency's spy. As the Senior Civil Servant Corruption Investigations Unit reveals a series of loopholes throughout the arrest and investigation, the investigation of President Yoon seems to be getting twisted. Let's take a closer look at the contents with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and Sohn Jung-hye, a lawyer. Hello.

[Anchor]
There are accusations that the first arrest warrant was too noisy. There are criticisms that they gave the wrong signal to the president by telling him the expiration date, saying, "You just have to hold on until then," but maybe that's why you won't let him know the expiration date this time?

[Reporter]
The court's judgment on the arrest warrant for President Yoon, which the Senior Civil Servant Corruption Investigations Unit re-claimed to the Seoul Western District Court, has yet to come out. As the warrant request was made last night, it seems that it takes time for the hearing. First of all, I announced that it is difficult to confirm the validity of the arrest warrant for President Yoon Suk Yeol, which was re-requested by the Senior Civil Servant Corruption Investigations Unit yesterday. When the first arrest warrant was issued on the 31st of last month, the Senior Civil Servant Corruption Investigations Unit disclosed the validity of the warrant. Since then, the execution of the warrant has been blocked by strong opposition, and until yesterday, the last day of the expiration date, a rally for and against impeachment was held in front of the Hannam-dong residence. Failure to announce the validity of the second arrest warrant seems to be a measure to strengthen the clandestine nature of execution and investigation security.

[Anchor]
President Yoon Suk Yeol's lawyers are said to have issued an opinion saying there is no need for arrest again this time, what is this about?

[Reporter] President
Yoon's side said they submitted an opinion to the court again that there is no need for arrest. If the court accepts this and rejects the warrant, the investigative agency's investigation into President Yoon is likely to be confused. The contents of the opinion were not disclosed. I also submitted another opinion when requesting the first warrant. In response, he explained the contents at the time of President Yoon's delegation. This content said that the request for an arrest warrant is unfair and the requirements for a warrant request are not met. The Senior Civil Servant Corruption Investigations Unit does not have the right to investigate rebellion.

In this way, it's like claiming ownership of the tree that the leaves came over the fence. Another metaphor is that it's strange to argue that the right to the body is the right to the tail. It's an unfair warrant, and it's a legal opinion that it should be dismissed. Again, it seems that similar contents were included in the opinion.

[Anchor]
Looking at the president's response, it seems to be similar to the first warrant, but I've requested the second warrant now and I'm waiting for it to be issued, so will there be no problem with it being issued?

[Son Jeonghye]
It is very likely that the re-claimed part will be issued. It has to be seen that the possibility of being rejected is remarkably low. The fact that the court is not cooperating with the investigation is not only the same, but rather the need for a quick investigation is higher. In addition, the legality and validity of the first warrant have already been confirmed while the Seoul Western District Court has decided to dismiss the objection, so it becomes clear that the request will be issued if the facts are basically the same. However, I think the decision will be made for a shorter time than the first time.

[Anchor]
There are two judges in charge of reviewing the warrant, and this is also drawing attention to which judge will be in charge this time. How is this usually determined?

[Son Jeonghye]
When there are several judges in charge of warrants, the method of random computer lottery is usually adopted. However, in the case of an arrest warrant, it is possible that the same person will continue to judge the same person once they are dismissed and re-claimed, so the case is also likely to choose to issue warrants that increase the effectiveness of the execution or the need for repeated arrests from new judges rather than being assigned to judges issued in the first claim.

[Anchor]
Reporter Baek told me earlier, but in order to maintain confidentiality, he will not reveal the expiration date this time, but some say that he may not even announce whether it is issued this time. Is there a case like that?

[Son Jeonghye]
There is no obligation to notify the people of the right to know from the media. It was also very unusual to publicly announce the original arrest warrant because the law wants the investigative agency to move quickly and accurately execute it in a situation where the suspect is unknown. In particular, this time, it has been disclosed through the media through the function of informing that an arrest warrant has been issued publicly and persuading the president to come out on his own, but there is no real benefit to disclosing it because he is unlikely to attend arbitrarily. Rather, there is a possibility that both the investigative agency and the court will not be required to inform the public because the people in favor of and against the arrest are now out in the cold and protesting on the street.

[Anchor]
It took more than 30 hours from the first arrest warrant request to issuance. But it's usually said that all of these are issued within a day. But in the second case of re-claiming like this, will it take less or longer than last time? [Son Jung-hye] The general expectation is less. This is because a judge has already decided on various claims at the time of the first request, and some judgments and contents have already been arranged for each issue related to the objection, and the judge may have considered this, so it is difficult to predict how long it will take because the new judge should be given enough time to think about it.

[Anchor]
In this situation, the Senior Civil Servant Corruption Investigations Unit Oh Dong-woon attended a questioning on pending issues at the National Assembly Legislation and Judiciary Committee today. I publicly apologized for the failure of the first execution. Let's listen to this part first.

[Anchor]
I said that I will prepare thoroughly with the idea that the second execution is the last execution. You're expressing your determination.

[Reporter]
Oh Dong-woon, head of the Senior Civil Servant Corruption Investigations Unit, did not answer questions from reporters on his way to work today. However, I apologized after a series of inquiries from lawmakers at the plenary session of the National Assembly Judiciary Committee. If you look at it, Chung Chung-rae, chairman of the Judiciary Committee, said, "Should we apologize to the people for the execution of the arrest warrant?" So I said, "I sincerely apologize to the people." And I apologize again and again for showing that the rule of law was undermined because the arrest warrant issued by the judiciary was not properly executed, and I am sorry. In addition, the joint investigation headquarters prepared very hard in its own way, but there was an unexpected part and as a result, it failed. I also said that I feel responsible for that part. As the anchor said, we will prepare for the second execution without any problems. I said that I will prepare thoroughly with the extraordinary determination that the second execution of the warrant is the last execution. Another thing is that the controversy over the right to investigate has been certified several times by the court's issuance of warrants.

[Anchor]
However, in the second execution, he said he would prepare without a hitch and thoroughly prepare, but doesn't it seem more difficult to execute the second arrest warrant? How are you preparing for this?

[Reporter]
First of all, the Senior Civil Servant Corruption Investigations Unit is advocating that there will be no difficulty in issuing an arrest warrant for President Yoon. An official from the Senior Civil Servant Corruption Investigations Unit said, "First of all, we will start working-level discussions with the police today in preparation for the execution of the warrant." Here, discussions are expected to take place on when to execute the second warrant and how to do it. During the first execution of the warrant, there was strong resistance from the presidential security and the military. So it seems that we will increase our manpower. First of all, the Senior Civil Servant Corruption Investigations Unit and the police have no choice but to think about it. Then there is a story that the official residence, including the installation of barbed wire, has been fortified. It is said that the security agency is also preparing countermeasures against additional preparations. The timing of President Yoon's arrest and the extension of the arrest warrant applied to the court by the Senior Civil Servant Corruption Investigations Unit will be outlined. If the validity period of the arrest warrant is extended, there are talks that the Senior Civil Servant Corruption Investigations Unit will try to re-execute the arrest warrant within this week by creating a specific warrant execution strategy.

[Anchor]
If the security service blocks the arrest, you're in this position to actively arrest him, right?

[Reporter]
That's right. Didn't the security guard block the police during the execution of the first arrest warrant, the execution process? However, the Senior Civil Servant Corruption Investigations Unit said it was reluctant to arrest the officials of the security service. When the third cordon was reached, there were not many security guards at the beginning, so it was possible to arrest him at that time. Some police pointed out that the Senior Civil Servant Corruption Investigations Unit could not subdue it because it dragged on. The Senior Civil Servant Corruption Investigations Unit admitted that it was correct to express such an opinion in consideration of the physical conflict in the situation at the time. The police are expressing their willingness to arrest President Yoon if the presidential security agency staff blocks him from re-executing the arrest warrant. He also stressed that he would be more active if the second execution took place. He also said that he plans to actively try to arrest him and that he is also figuring out where he is now. Aren't the security guards strengthening their guard, such as putting up barbed wire as I said earlier? So, when asked about the possibility of sending a criminal task force or a police commando, he left room for consideration of what he could do. At the presidential residence on the 3rd, he expressed his determination not to follow the path of failure to secure President Yoon's recruits due to the security service's hand-to-hand defense war.

[Anchor]
Attorney, the position of the Senior Civil Servant Corruption Investigations Unit may apply to the obstruction of the execution of special public affairs, to the security service. And the security service is based on the Security Service Act, where they do their duty. I think the legal boundaries are ambiguous, how should I look at it?

[Son Jeonghye]
It's not ambiguous. In the end, they claim that the purpose of obstructing the execution of special public affairs is to protect them, but in the end, is the arrest warrant legal? We can simply and clearly explain that obstructing the legitimate execution of public affairs is obstruction of public affairs. Currently, the Security Service has a logic that resisting illegal performance of duties is justified because it recognizes that arrest warrants are illegal, but if there are many repeated judgments that an arrest warrant is not only valid, but also legal and that obstructing it is a crime, the security service's claim will collapse. First, a warrant was issued by the court. It was re-claimed and issued in the second round. Furthermore, the objection was rejected. If the Supreme Court decides that the arrest warrant is legal soon, it can be evaluated as obstructing the execution of public affairs because it hinders legitimate execution by force.

In addition to this, the Security Act requires the use of the minimum amount of public power necessary for security purposes for acts that harm the body or infringe on life, and the current series of processes is to ask President Yoon to be investigated, not to harm the body of life, so even based on the Security Service Act, it is highly likely that all of these parts will be considered illegal, such as blocking, installing facilities, or blocking public property with vehicles.

[Anchor]
Some people say that they will arrest the security guards who prevent them from being executed, and that they will arrest the security guards one by one over several days, leading to the arrest of President Yoon. Is this realistic?

[Son Jeonghye]
It's a very unrealistic situation, but it could be a possible scenario because every situation is unrealistic. Currently, the investigative agency has already announced that it will appoint more than a general manager to the security office. Even from the point of view of investigative agencies, it will be the first time that the public power of investigative agencies is neutralized in front of all the people. Since the existence of investigative agencies and pride have already been very hurtful, the second round can show a willingness to execute no matter how helpless the situation arises in the execution of public power. Our law says that any current offender can be arrested. Therefore, it is known that investigative agencies and the Senior Civil Servant Corruption Investigations Unit are now considering and preparing to arrest current offenders because they can arrest current offenders without a warrant.

[Anchor]
Reporter Baek, the police announced in yesterday's announcement that the security department mobilized private soldiers in the cordon, but they were deployed in plain clothes, so is there any legal problem here?

[Reporter]
It looks like there will be a legal issue. It seems that the charges of obstructing the execution of special public affairs will be applied. The police confirmed that the Presidential Security Service mobilized general soldiers during the execution of the arrest warrant for President Yoon. He also said that it was confirmed that some soldiers were mobilized through the evidence. At the same time, he said he could not confirm the specific number of people. Soldiers from the 33rd Military Police and 55th Guards, under the command of the Security Service, are suspected of being used as "human walls" to deter the arrest of President Yoon Suk Yeol. In the process, we are investigating to find out whether there was an order from the head of the security department and the deputy head of the department. So, four commanders, including Director Park, were booked and summoned. However, he denies the allegation of putting soldiers in the security service. However, the police argue that there is no reason to apply the charge of obstructing the execution of special public affairs, as mentioned in relation to the command of the Security Service.

[Anchor]
On the other hand, Chief of Security Park Jong-joon, who is accused of obstructing the execution of the arrest warrant for President Yoon, is now claiming to be a escort to the president, but he has not responded to the summons twice. We have been notified of the third summons. But even if a warrant comes out, you have to break through the cordon again to arrest Director Park. You have to pierce the car wall and barbed wire.

[Son Jeonghye]
That's right. I think you can think that only the number of arrests is increasing, and the manpower and budget mobilized for investigative agencies and public authorities are overflowing. It's a very unfortunate situation. Once you don't respond to the first, second, and third requests for attendance, you'll be in the process of arresting warrants, and it's very likely that you'll try to execute the warrant together when executing the warrant against the president. First of all, the perception of the president and the chief of security now does not seem to change the perception that the investigation itself or the warrant is illegal.

No matter how legitimate the court decides, it seems to resist the investigation agency's summons or disobey the investigation agency's command unless the court changes its perception, but even if it does so, I think it is necessary to make a strategic judgment on whether it can handle the fact that not only the criminal punishment but also the majority of public officials under its command can be on the verge of punishment. [Anchor] Then at this time, the police asked Park Jong-joon, the chief of security, to attend the 3rd round, and the reason is that we will break the cordon to make the second round easier, right?

[Son Jeonghye]
It's for a number of purposes. First, it is interpreted as an attempt to increase the effectiveness of the arrest of President Yoon and reduce the intensity of physical resistance. The second is the normalization of public power, as I said earlier. You know what happens if we use force to stop the police from arresting someone in the United States. As for how this power is now neutralized by a number of security agents, we will make three summonses to issue arrest warrants, even to warn them seriously that this is obstruction of justice.

[Anchor]
Cooperation Agency decided to continue with President Yoon, but there is still controversy over the delegation of arrest warrants by the Senior Civil Servant Corruption Investigations Unit. Some argue that the reason for this confusion is the side effects of the adjustment of the prosecution and police investigation rights in 2021.

[Anchor]
In the end, is there any part of the law that has not been organized in the process of adjusting the investigative rights of the prosecution and police in 2021?

[Reporter]
That's right. In 2021, the prosecution and police investigation authority coordination and the Senior Civil Servant Corruption Investigations Unit were launched. At the time of the launch of the Senior Civil Servant Corruption Investigations Unit, the investigative rights of the police and the prosecution were not properly organized. It is based on Article 47 of the Corruption Investigations Unit Act. It is stipulated that the provisions of the Criminal Procedure Act and arrest warrants are executed by the judicial police under the direction of the prosecutor, which also applies to the execution of arrest warrants. The Corruption Investigations Unit Act stipulates that the prosecutor of the Corruption Investigations Unit also follows the duties and authority of the prosecutor. The logic of the Senior Civil Servant Corruption Investigations Unit is that prosecutors of the Senior Civil Servant Corruption Investigations Unit can also direct the police like prosecutors in the process of executing arrest warrants.

However, the special police investigation team says that it is illegal to be able to command the police. The Senior Civil Servant Corruption Investigations Unit overlooked the abolition of the prosecutor's right to conduct investigations against the police due to the adjustment of investigation rights in 2020. In the past, when prosecutors had general command over the police, prosecutors directed police investigators to execute warrants in accordance with Article 81 of the Criminal Procedure Act. However, now, the interpretation is limited to the content that the prosecution investigator, who is the same judicial police officer, can be led, not the police. In the end, it is pointed out that the Senior Civil Servant Corruption Investigations Unit tried to pass the execution of the arrest warrant to the police after making the wrong interpretation of the law.

[Anchor]
There seems to be some legal ambiguity. However, the Senior Civil Servant Corruption Investigations Unit also reviewed the legal principles in advance, and I thought this would be possible, so I sent an official letter. This is the position. What do you think, lawyer?

[Son Jeonghye]
There may be room for multi-purpose interpretation, but what is important is that the collaborative version eventually leads the investigation process through joint investigation, joint investigation, and consultation. It seems that the police are criticized for not being able to handle the work smoothly when it comes to the fact that it was done right before the due date and the effective date. Regarding the arrest warrant, the president and the suspect point out various points, but the sudden change in the subject of execution could also cause confusion. It can be evaluated as having acted in a variety of ways that are not beneficial.

[Anchor]
There was also a saying that the police would be embarrassed when it came to conducting an investigation. Now, it is said that it has been sutured, but there are criticisms that disputes can continue again over the right to investigate at any time, which leads to the argument that an independent counsel is needed.

[Reporter]
The controversy over the execution of the arrest warrant has been cleared. I reconfirmed the cooperation system with the Senior Civil Servant Corruption Investigations Unit and the police. However, taking this opportunity, a permanent and general independent counsel should be launched. Therefore, there is growing pressure to dispel confusion over investigation confusion. On December 10 last year, the "Special Prosecutor's Request for Investigation to Investigate the Truth of Insurrection by Dec. 10" crossed the National Assembly threshold. It is a permanent special prosecutor investigating all suspicions raised in connection with the declaration of emergency martial law. If a special prosecutor is needed, the head of related agencies, such as the Supreme Prosecutors' Office and the National Police Agency, can submit related data such as case investigation records and evidence, and request cooperation such as investigation support. As it is possible to request dispatch to each agency, the investigation is expected to develop at a rapid pace when the special prosecutor is introduced. Unlike the permanent special prosecutor and the general special prosecutor, the president cannot veto it. However, the process has actually stopped because Acting President Choi Sang-mok has not made a request to recommend a special prosecutor candidate. In addition, even if the special prosecutor is introduced, it takes time from manpower composition to space. The Korean Bar Association held a press conference today to urge the rapid launch of the permanent special prosecutor. In the process of investigating the emergency martial law situation, the solution to all problems, including confusion, is to quickly launch a permanent special prosecutor. I also emphasized it like this.

[Anchor]
Attorney, Acting President Choi Sang-mok also did not respond to the request for cooperation in the execution of President Yoon's warrant based on the Airborne Division Act. There have been reports like this, so is the interpretation of the Senior Deputy Choi and the Senior Deputy Senior Civil Servant Corruption Investigations Unit different over the Senior Civil Servant Corruption Investigations Unit Act?

[Son Jung-hye]
The purpose of Article 3 of the Corruption Investigations Unit Act is that the President cannot make requests, instructions, or open opinions to the Corruption Investigations Unit. In order to maintain the independence of the investigation, it should be seen as a provision to promote independence for the president not to enter into an investigative agency. I think it's a separate matter from the independence of the investigation because I can clearly tell you that it's a different part of cooperation from the independence of the investigation because it's not a request for acting Choi to instruct the investigation of the Senior Civil Servant Corruption Investigations Unit.

[Anchor]
Let's stop here. So far, I've talked with reporter Baek Jong-gyu and lawyer Son Jung-hye. Thank you for talking today.