Welcome to Within The Frame, where we bring you today’s most pressing issues from across the globe, I’m Kim Mok-yeon.
South Korea’s Corruption Investigation Office for High-ranking Officials (CIO) formally requested that the police take over the execution of an arrest warrant for President Yoon Suk-yeol late Sunday, just one day before the warrant’s expiration.
The police however say the execution of the warrant contains legal issues for them to solely take over, effectively rejecting the request.
They instead vowed to carry the process out in consultation with the CIO and relevant parties within the joint investigation headquarters.
Yoon’s legal team had been contesting the warrant’s validity, arguing that the CIO lacks the authority to investigate charges of insurrection related to his failed martial law decree.
Meanwhile, with Yoon’s impeachment trial scheduled for January 14, all eyes are on the proceedings, as his legal team has pledged to attend and present their defense.
For more on the ongoing political situation in Korea, we invite Song Se-ryun, professor of Law, Kyung Hee University. Welcome professor.
Also joining us is Lee Hee-eun, dean and professor of Law, Handong International Law School
(Song) 1. So let’s start with professor Song, since President Yoon’s arrest warrant expires at midnight today (6th), attention has been focused on whether the Corruption Investigation Office for High-ranking Officials (CIO) will seek a second warrant.
However, instead of this, the CIO has decided to delegate the execution of the arrest warrant to the police, but the police have effectively rejected the request, citing legal flaws. What is the key issue at stake?
(Lee) 2. President Yoon’s side has raised concerns about the CIO’s authority to investigate charges of treason. His lawyers argue that, since the CIO chief does not have investigative command authority, the execution of the arrest warrant was unlawful, and threatened to file a complaint.
Why is there a controversy over who holds the investigative authority? Also, do you believe the investigative authority should be transferred to the police?
(Lee) 3. The dispute regarding Yoon’s arrest warrant involved Articles 110 and 111 of the Criminal Procedure Act. Professor Lee, could you explain for us, what these provisions entail?
(Song) 4. In a rare move, the CIO specified the “exception” provisions of Articles 110 and 111 of the Criminal Procedure Act in the arrest warrant.
However, President Yoon’s side has objected, calling it “illegal and invalid.”
As a legal expert, what is your opinion on this?
(Lee) 5. Now, let’s look at the progress of the impeachment trial of President Yoon.
Ahead of the first trial session on the 14th, two preliminary hearings have already taken place.
Although President Yoon’s side requested additional preparatory hearings, the Constitutional Court did not accept this request. Can we interpret this as the court’s intent to proceed with the impeachment trial as quickly as possible?
(Song) 6. Meanwhile, the National Assembly’s impeachment committee has decided to exclude treason charges from the impeachment trial, leading to further political disputes. What is the background behind the National Assembly’s decision to exclude such charges, and how should the Constitutional Court’s acceptance of this be interpreted?
(Song) 7. President Yoon’s side has opposed this exclusion, claiming that “removing treason as grounds for impeachment acknowledges that the impeachment resolution itself is invalid.”
What is your perspective on this?
(Lee) 8. In addition, what other key issues are there between the National Assembly impeachment committee and President Yoon’s side?
(Lee) 9. The official impeachment trial for President Yoon at the Constitutional Court will begin on the 14th.
How do you expect the trial to proceed, and do you think the trial procedures may be concluded earlier than expected?
(Song) 10. President Yoon’s side, which had been uncooperative with the summons, investigations, and searches related to the treason investigation, has stated that they will attend the impeachment trial and express their opinions at an appropriate time.
They have consistently maintained that the impeachment trial takes precedence over the investigation. How might this stance affect the outcome of the trial?
Source : Arirang TV, https://www.arirang.com/news/view?id=279637
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