When will the 'Yoon Arrest Warrant' be re-executed?... the official residence that has become 'new'

■ Host: anchor Lee Ha-rin, anchor Jeong Jin-hyung
■ Starring: Baek Jong-gyu, social affairs reporter, 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 NewsON] when quoting.

[Anchor]
As the warrant for the arrest of Yoon Suk Yeol's president has been issued again, attention is being paid to when it will be re-executed.

[Anchor]
The official residence has turned into a fortress, with barbed wire installed and car walls strengthened in preparation for the second arrest attempt. Let's take a closer look at this with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and Park Sung-bae, a lawyer. How are you?

[Anchor]
Attention is being paid to when and how to execute the second arrest warrant, is there any police, airlift, or coverage?

[Reporter]
The joint investigation headquarters had a painful taste of failure in the first attempt to execute President Yoon's arrest warrant. That's why we're preparing for the second round of execution. The Senior Civil Servant Corruption Investigations Unit and the specific timing and method of execution of the second arrest warrant are reticent. I'm only repeating that I'm continuing to consult with the police.

They say they will plan on the premise that the police share more active roles. First of all, beyond breaking through the human chain and barrier of the security service and entering the official residence, we have to consider a plan after arrest. After his arrest, he should also consider taking Yoon Suk Yeol's president in a convoy to the Senior Civil Servant Corruption Investigations Unit at the Gwacheon Government Complex. Because of this, it will take some time to formulate a response strategy with the police. However, there is a prospect that the second warrant will be executed within this week.

[Anchor]
President Yoon's side is drawing keen attention to how to prepare and how to prepare for the crisis, but Senior Civil Servant Corruption Investigations Unit Director Oh Dong-woon told the Judiciary Committee yesterday, "We will prepare for the second execution and the last execution." That's what I said. Let's listen to the recording and continue talking.

[Dongwoon Oh / Senior Civil Servant Crime Investigation Director (Yesterday): We will do our best to work together to achieve the goal of the second execution by preparing thoroughly for the second execution with the determination that the second execution of the warrant is the last execution. ]

[Anchor]
It was about preparing thoroughly. There are predictions that they will respond hard, so how will it work?

[Reporter]
First of all, the conflict between the Senior Civil Servant Corruption Investigations Unit and the police seems to be a variable. The Senior Civil Servant Corruption Investigations Unit has a great sense of crisis that if it is not successful this time, the existence of the organization itself could be in jeopardy. On the other hand, there are concerns within the police that even if the arrest is successful, the ball will be taken by the Senior Civil Servant Corruption Investigations Unit.

Inside and outside, the police are also talking about using special equipment such as task forces, commandos, armored vehicles, and helicopters to suppress them at once. However, the deployment of commandos can lead to large-scale bloodshed, and later accountability can be raised. That's why it doesn't appear to be a card that the police can easily hold out.

Some analysts say that if bloodshed breaks out in an unprecedented situation of conflict between state agencies, it could lead to an uncontrollable situation. It is a situation in which the execution of arrest warrants must be successful without causing bloodshed in which the Senior Civil Servant Corruption Investigations Unit, police, and people are injured.

[Anchor]
The Senior Civil Servant Corruption Investigations Unit was disgraced after failing the first arrest warrant and handing it over to the police, what is the legal evaluation like? Now is the time to think about the crisis of the existence of the Senior Civil Servant Corruption Investigations Unit.

[Park Sung-bae]
Already, the theory of uselessness of the Senior Civil Servant Corruption Investigations Unit is emerging, and if the second arrest warrant fails, the abolition theory is likely to emerge. If the execution of the second arrest warrant fails, there is a high possibility that the third arrest warrant request will not be accepted. From this point on, I think we will have to take the lead in indictment without detention. Arrests are also part of the investigation.

Arrest is also a forced investigation, so there is no investigative agency that conducts separate investigations with the suspect's interrogation. Not only should the arrest warrant be executed appropriately, but after the arrest warrant is executed, the suspect interrogation should be conducted properly, and many question whether the suspect interrogation will be conducted properly against President Yoon due to the current capabilities of the Senior Civil Servant Corruption Investigations Unit.

The conditions were relatively easy at the time of the execution of the first arrest warrant. The execution of the first arrest warrant failed under easy conditions, such as cooperation from security personnel such as the military and police, but the situation is more difficult ahead of the second arrest warrant. Above all, the execution of the warrant is carried out by the Senior Civil Servant Corruption Investigations Unit, and it seems that the police in charge of crime prevention and suppression should be actively cooperated.

Many simulations are envisioned, and above all, the Airborne should not be afraid of physical collisions. Physical conflicts are common in arrest warrants. There should be no major mishaps, but ironically, firm law enforcement must precede them in order to avoid major mishaps.

[Anchor]
Reporter Baek Jong-gyu, the security of Hannam-dong's official residence has become stronger. The car wall at the main gate has become very thick, and many barbed wire fences have been built here and there. I think it'll get fiercer. What do you think?

[Reporter]
As you said, the boundaries around the official residence are getting stronger. We set up a police screen around the entrance to the official residence. Restricted traffic is being carried out by checking the purpose and identity of the traffic. And it is not easy to enter the vehicle because several large buses are parked across the street. At the front gate of the official residence, several layers of car walls were installed with mini buses.

Looking at the photos and videos I checked today, I could also see three buses blocking the iron door vertically. This is the first iron gate where the Senior Civil Servant Corruption Investigations Unit and the Security Service confronted each other during the execution of the first arrest warrant. It was also possible to see that circular barbed wire was densely installed not only at the edge of the access road but also at the mountain road in the precinct.

It is difficult to confirm the appearance of the official residence, but it is expected that the cordon boundary has been strengthened beyond the second and third rounds. Since the security office that protects the residence has not budged from blocking the execution of the warrant, it is expected that the confrontation with the Senior Civil Servant Corruption Investigations Unit and the police will be intensified in the second execution.

[Anchor]
During the execution of the first arrest warrant, the police were pushed back by the personnel of the security service. It was 100 to 200. We talked about this. Perhaps that's why the police will also mobilize counter-terrorism forces this time. And there were even reports that they would put in about 2,800 people.

[Reporter]
There are also voices in politics and within the police that police commandos and armored vehicles should be deployed. However, inside the police, they are skeptical about whether to actually deploy special forces. This is because the purpose of establishing a special police force is to prevent public safety and terrorism, so if it is put into execution of arrest warrants, it is considered to be against the purpose.

This is also because there is a concern that bloodshed may occur during the confrontation with the security service. Many analysts say that it is difficult to execute the warrant because police and commandos are finally deployed when security is not maintained. This is because securing recruits is important, but the process by proper procedures is also important.

For this reason, it is analyzed that the Criminal Task Force, which is in charge of the wide-area investigation, is likely to be put into the execution of the second warrant. The Criminal Task Force consists of members of the provincial police agency and the police station's violent team. It is usually designed to investigate cases that are difficult to handle with front-line police station investigators on a wide-area basis, and there are more than 200 members of the Seoul Metropolitan Police Agency alone, and 1,300 people are active in 43 regions across the country. Police special teams are also discussing this issue.

[Anchor]
Looking at it like this, it seems that the two sides are fully preparing in advance, and specific scenarios are also coming out. Looking at it, it seems that there are also ways to destroy the cordon by arresting the current criminal for three days and three nights and four days, but are these legally problematic?

[Park Sung-bae]
Over a long period of time, there are talks of continuing the arrest of current criminals and mobilizing police commandos and armored vehicles, raising fundamental questions about whether it is necessary to deploy police commandos. Of course, in an arrest warrant, about four police officers are deployed to arrest one suspect.

The reason is that only when about four police officers are deployed, the arrestee often breaks the will to resist and responds smoothly, and even if they resist, no one can be safely arrested without injury. If a large number of security personnel are mobilized, more than that number of experiences will have to be mobilized, and heavy equipment can be mobilized to open the road by revealing buses that are blocking walls.

However, it is somewhat excessive to mobilize more police commandos and armored vehicles. In fact, if you immediately arrest the current criminal if you block personnel from the security service in the process of executing an arrest warrant, there is a high possibility that the arrest warrant will be easily executed. Unlike public announcements, at least security officials have no choice but to recognize that they are quite likely to be guilty of blocking court-issued warrants, and warnings that obstruction of justice could be established and arresting current offenders for obstruction of justice at the scene are different.

If a high-ranking official of the security service or some people begin to be arrested in front of you, there is a high possibility that it will collapse easily. If there's a big internal conflict or if the execution of arrest warrants is slow, you can also talk about the deployment of a SWAT team.It is a bit excessive to talk about the possibility of using it from the beginning of the situation, and there are quite a few people who are concerned about the possibility of the security service using weapons. However, this possibility is quite low to become a reality.

[Anchor]
So are you saying that it's illegal to look too much?

[Park Sung-bae]
It is difficult to discuss the possibility of illegality. Arrest and search warrants appear to have already been issued, and equipment can be mobilized in the process of preventing a situation and arresting a current offender when there is an obstruction of justice in the process of executing an arrest warrant. There is no legal explicit defect.E means that in light of the general principles of administrative law, it seems likely to be contrary to the principle of prohibiting excess.

It seems extremely unlikely that the bodyguard will use the weapon, but if the bodyguard actually uses the weapon to injure the Senior Civil Servant Corruption Investigations Unit or the police, this is a sudden turnaround. In executing a warrant issued by a constitutional court of thought, it was extremely rare that the investigative agency executing the warrant was injured, and all those involved were likely to be arrested immediately.

[Anchor]
I've been talking about the arrest of security officials, and didn't ruling party lawmakers rush to the presidential residence not long ago? There were about 40 people, but lawmakers have the privilege of not arresting them. If a lawmaker blocks it, can lawmakers also arrest a red-handed criminal?

[Park Sung-bae]
Members of Parliament hold the privilege of non-arrest during the session. As the extraordinary session is held repeatedly now, there are times when it is not a session or a session, and regardless of that, if you block it with your body in front of your official residence, you can arrest a lawmaker. Members of the National Assembly have immunity from arrest, but exceptions are made if they are current offenders.

In other words, it is legally possible to arrest a member of the National Assembly as the act of blocking with the body in the official residence is a kind of crime that interferes with the execution of public affairs. However, from the perspective of the investigative agency, it is expected that the lawmakers will choose a point where they do not currently and execute the warrant as they feel the burden of physically colliding with the lawmakers themselves.

[Anchor]
In the midst of this, he is one of President Yoon's lawyers. Lawyer Yoon Gap-geun appeared in the media today and made these claims. We'll hear what they said and continue our appearance.

[Yoon Gap-geun / Yoon Suk Yeol's legal representative: Accepting or responding to an illegal investigation or judicial process can set a bad precedent, and if you ask for an arrest warrant or a preliminary warrant, you will go to court. ]

[Anchor]
I heard about lawyer Yoon Gap-geun's story and there were various contents. What's the point?

[Reporter]
President Yoon's side should rather indict him in connection with the execution of arrest warrants or investigation, or seek a warrant for pre-arrest. Then I'm in a position to accept the court trial. And as in the previous position, there is no right to investigate the crime of rebellion against the Senior Civil Servant Corruption Investig The same goes for illegal requests for arrest warrants, he said. At the same time, however, they comply with the proceedings to the court.

In addition, the court also said that it would not accept anything from the Seoul Western District Court. He stressed that he could not accept the issuance of a warrant in the Western District Court without jurisdiction. He argued that the jurisdiction of the Senior Civil Servant Corruption Investigations Unit can be claimed by the Central District Court, exceptionally on a residential basis, but rather in consideration of the circumstances of the suspect being charged.

Why did the Western District Court only issue warrants against the president when all other accomplices filed warrants with the Central District Court? This is warrant shopping, judge shopping, he criticized. At the same time, he emphasized the position that it is the will of the president of Yoon Suk Yeol and the will of the lawyers to request a preliminary warrant.

[Anchor]
It's about not accepting the warrant issued by the Western District Court. If so, from the point of view of the Senior Civil Servant Corruption Investigations Unit, there is no possibility that the president will cancel the Western District warrant and request a warrant from the Central District Court again. How do the legal profession view these arguments?

[Park Sung-bae]
As the Western District Court has already issued two arrest warrants and rejected the appeal of the arrest warrant, the Western District Court seems to be making this argument, judging that there is a high possibility of issuing an arrest warrant. However, it is questionable whether the possibility of issuing an arrest warrant is low even if it is a central district court.


The reason is that the military court issued arrest warrants for all military officials involved in the case, and the Central District Court issued arrest warrants for former Defense Minister Kim Yong-hyun, National Police Agency Commissioner Jo Ji-ho, Seoul Metropolitan Police Agency Commissioner Kim Bong-sik, and former intelligence commander Roh Sang-won, all of whom are civilians, not military officials. It is quite questionable whether the possibility of issuing an arrest warrant is low just because it is a central district court.

In particular, if an arrest warrant is issued by the Seoul Central District Court, it should also express its intention to respond, which is very difficult for the Senior Civil Servant Corruption Investigations Unit to accept. To obtain an arrest warrant again at the Seoul Central District Court, the court must return the warrant already issued to the Western District Court and request the warrant again to the Central District Court. It is quite likely that the Central District Court will not issue a warrant when requesting an arrest warrant three times because of the failure to properly execute the warrant.

In addition, President Yoon's side is insisting on requesting an arrest warrant immediately. If an arrest warrant is requested, a warrant examination will be held, and it seems that he had a strategy to respond to the warrant examination anyway. And if you request an arrest warrant right away, you will be detained temporarily if the arrest warrant is executed, but there is also the advantage of avoiding detention.

In addition, if an arrest warrant is requested immediately, the court must copy the request for an arrest warrant issued by the investigative agency to President Yoon, that is, the suspect. In the process, you can check the major crimes and their grounds to some extent. It is read as a policy to respond after checking the facts.

In addition, the claim to prosecute immediately should be prosecuted immediately without securing a new person. If you have the advantage of being tried in a large part without physical detention, and if you are in a state without physical detention, the court's attitude will be the same, and the defendant can take a fairly long breath in responding to the trial. It has the advantage of being able to proceed with the impeachment trial first. It seems that the overall argument was made in consideration of these various advantages.

[Anchor]
Didn't the police ask Chief of Security Park Jong-joon to attend three times? Next, we will go through the procedure of requesting and issuing an arrest warrant, what do you think about this?

[Park Sung-bae]
There was a third request for attendance by 10 o'clock on the 10th. If you don't attend at this time, it seems quite likely that the police will seek an arrest warrant at that time. Park Jong-joon, the head of the bodyguard, has already been booked on charges of obstructing the execution of special public affairs at the time of the first arrest warrant, and has also been booked on charges of rebellion due to accusations by civic groups.

In addition, suspicions have been raised that ordinary soldiers were mobilized at the time of the execution of the first arrest warrant, so there are opinions within the police that abuse of authority can also be applied. If you do not comply with the third request for attendance, there is a high possibility of applying for an arrest warrant, and if the security chief stops you from executing the second arrest warrant before then, you cannot rule out the possibility of arresting the current criminal before then.

[Anchor]
In issuing another arrest warrant to the court, the court reportedly excluded Articles 110 and 111 of the Criminal Procedure Act from the arrest warrant. In this regard, Minister of Court Administration Chun Dae-yup and the National Assembly Judiciary Committee expressed their thoughts, and we will listen to this first.

[Cheon Dae-yeop / Minister of Court Administration (Yesterday): I understand that many criminal theories, including the commentary on the Criminal Procedure Act, take the view that "it is right to treat it differently in the case of physical seizure and search for human arrest." We have to wait and see how the Supreme Court's judgment will come out in the end, but there are many views, and the warrant judge at the time seems to follow the mainstream view. ]

[Anchor]
It follows the majority theory of the academic world. What is it about?

[Reporter]
When asked about pending issues at the National Assembly's Judiciary Committee yesterday, Minister Cheon said, "It follows the majority opinion of the academic community," and then said, "It follows the mainstream view." As for whether or not to apply Article 110 of the Criminal Procedure Act, he added that it is a majority theory that physical seizure search and human arrest search are pursued differently. He then emphasized that the core of the rule of law is to respect what has been done in due process and to fight against it within the process.

He also emphasized that if a warrant was issued through trial, he thought it would be appropriate to argue through procedures within the system, such as filing an objection. In response, President Yoon filed an objection, calling it illegal and invalid, but the court rejected it.

[Anchor]
Even in the first arrest warrant, there was controversy over the exclusion of Articles 110 and 111 of the Criminal Law. There were also talks that the judiciary violated the scope of the legislature, but how should we interpret that the same exclusion clause was included in this warrant?

[Park Sung-bae]
The search warrant contains the exception of Article 110 of the Criminal Procedure Act, which has caused a lot of controversy. There is a confrontation in theory. This is because it is extremely rare to write such phrases. The reason for this fundamental problem was the attempt to execute an arrest warrant for the incumbent president. There is a confrontation between

and the theory is that Article 110 of the Criminal Procedure Act, which states that places requiring military secrets cannot be seized and searched without the consent of the person in charge, applies only to searches for seizure or search for arrest. The warrant judge who issued the first arrest warrant is believed to have stated the interpretation that Article 110 of the Criminal Procedure Act does not apply to searches for arrest.
President Yoon has already filed an objection to the arrest warrant, but the Seoul Western District Court has rejected it, and Court Administration Minister Cheon Dae-yeop has also stated that many theories do not apply to the search for arrest.

Of course, it's up to the Supreme Court to make the final decision.Even if it is judged that it is illegal to include the phrase excluding Article 110 of the Criminal Procedure Act, it is quite questionable whether the issued search warrant itself can be invalidated. It is highly likely that it will not affect the effectiveness of the search warrant itself, and furthermore, it is highly likely that there will be no significant impact on the effectiveness of the arrest warrant itself without such wording at all.

[Anchor]
In the midst of this, yesterday, there was a suspicion of fleeing against the president of Yoon Suk Yeol. Let's listen to the recording first.

[Anchor]
In the case of lawmaker Park Eun-jung, he even mentioned the specific escape route, what is this about?

[Reporter]
Around the opposition party, this theory continued to be raised that the president of Yoon Suk Yeol fled. The police also said that they are continuing to find out the location of President Yoon Suk Yeol. Rumors of Yoon Suk Yeol's escape were sparked by comments made by Senior Civil Servant Corruption Investigations Unit Director Oh Dong-woon at a plenary session of the National Assembly's Legislative and Judiciary Committee yesterday.

When asked by Park Beom-gye of the Democratic Party of Korea whether President Yoon is in his official residence, Oh Dong-woon, the head of the Senior Civil Servant Corruption Investigations Unit, said, "There is nothing to be reported and nothing to say." In addition, Minister Oh answered, "Do you think there is a possibility that you ran away?" When Park asked this question, he said that he was thinking about various possibilities.

Rep. Ahn Kyu-baek of the Democratic Party also heard on a radio broadcast that he had already escaped Yongsan and fled to a third place. That's what I claimed. However, the presidential office issued a statement today and said, "I heard that President Yoon Suk Yeol is now in his official residence." Attorney Yoon Gap-geun had a press conference earlier today. Lawyer Yoon Gap-geun also talked about it here.

It is a really malicious rumor that the president fled from politics, and he also expressed such discomfort. Then, he met with the president at his official residence yesterday. I also explained like this. He also emphasized that false incitement is taking place, which is malicious for a specific purpose.

[Anchor]
Lawyer Yoon Gap-geun protested yesterday, saying that I clearly came out after meeting him at his official residence. Even if I didn't use the expression "runaway", would there be a legal problem if the president had moved somewhere other than his official residence?

[Park Sung-bae]
There is no particular problem in itself. However, if he actually leaves his official residence or leaves his official residence ahead of the execution of an arrest warrant, President Yoon will have a big handshake. The possibility of issuing an arrest warrant in the future will be very high. Even so, it is widely considered that criminal charges are clarified to some extent and there is a high risk of destroying evidence. On top of that, if you leave your official residence ahead of the actual execution of an arrest warrant, you will greatly predict the possibility of escaping despite your current presidential status, which will greatly increase the possibility of issuing a warrant. In addition, if convicted in the main trial in the future, it will have a profound effect on sentencing.

[Anchor]
In fact, the protesters are advancing in front of them and the media cameras continue to illuminate the official residence, but isn't it difficult to move in reality?

[Park Sung-bae]
In reality, it is not possible, and above all, it is easier for the Senior Civil Servant Corruption Investigations Unit or the police to execute an arrest warrant if it is out of the official residence. There are no place restrictions on arrest warrants because they are out of the security service. If you get out of the official residence, if you only capture the route of movement, the degree of security in the official residence and the degree of security in the process of moving will inevitably change.

Since the degree of security in the process of movement is inevitably loosened, if only the route of movement is captured, the possibility of the Senior Civil Servant Corruption Investigations Unit and the police executing the arrest warrant will increase relatively easily.

[Anchor]
And isn't there a problem with the withdrawal of rebellion in the reason for the impeachment of President Yoon Suk Yeol? This is a situation where the controversy continues, so please summarize the arguments of both sides once again.

[Reporter]
At the second hearing of Yoon Suk Yeol's impeachment trial held at the Constitutional Court in March, the National Assembly said it would withdraw the rebellion from the impeachment motion. However, the ruling party protested that the impeachment itself was wrong. The National Assembly explained that the core of the reason for the prosecution has never been withdrawn or changed. It means that there is no problem because the head of the rebellion's act of national constitution itself is left as a reason for prosecution.

On the other hand, President Yoon Suk Yeol countered that 80% of the reasons for impeachment were deducted, except for whether or not the crime of rebellion was established. He then argued that it was a reason to dismiss the impeachment prosecution. The Constitutional Court issued a position in principle, saying this was a matter to be judged by the court.

[Anchor]
The act of rebellion will remain the same and the judgment under the criminal law will not be received by the Constitutional Court. I think it will be difficult for viewers to use this complicated word. So far, we've been with Baek Jong-kyu, a reporter from the Ministry of Social Affairs, and Park Sung-bae, a lawyer. Thank you.