It was found that the court asked Cho Eun-seok's special prosecutor team, "Did anyone witness former President Yoon Suk Yeol and former floor leader Choo Kyung-ho conspiring to commit a rebellion in advance?" in the arrest examination of former floor leader Choo Kyung-ho.
In fact, the court believes that Choo's crime of rebellion can be established only when it is proved that they colluded. However, some say that it is difficult to understand the court's question, given that the crime of rebellion is planned in secret. Judging that whether the crime of collusion is not a necessary requirement for the establishment of charges, the independent counsel plans to put Choo on trial for treason.
Considering CBS No Cut News coverage on the 7th, Lee Jung-jae, a senior judge at the Seoul Central District Court, asked the special prosecutor's office for the rebellion at the suspect's interrogation before Choo's arrest on the 2nd, "Did anyone see or witness testimony that former President Yoon and former floor leader Choo had conspired in advance?"
In addition, the question was asked, "If there was no preliminary plot, would it be possible to conspire for the crime of rebellion with about two minutes of phone calls?" Senior judge Lee established the premise that "collusion" with former President Yoon, the head of the rebellion, must be proved in order for the former floor leader Choo's allegations of engaging in important missions of rebellion to be established.
However, it is pointed out that Lee's question is not realistic in that the crime of rebellion is usually planned in secret by very few people.
Former President Yoon discussed emergency martial law with his closest aides, former Defense Minister Kim Yong-hyun, and a small number of military commanders. Each commander told his men to "prepare for an unexpected event" before declaring martial law, but did not even hint at martial law. Chun Doo-hwan's new military forces also secretly planned a December 12 military revolt within the Hanahoe, a private organization within the military.
There is no 'collusion' in the composition requirements for rebellion...Special Prosecutor Focuses on 'Awareness and Action' of Choo Kyung-ho
The special prosecutor believes that the question of senior judge Lee is not valid even from a legal point of view.
Article 87 of the Criminal Code, which stipulates the crime of rebellion, punishes a person who has rioted for the purpose of national constitutional controversy in three categories: the head, important mission worker, and hatcher.
In other words, there is no constitutional requirement that the head who led the civil war must conspire with important mission workers or hatchers. Even if they do not conspire, punishment is possible if each actor is involved in the riot for the purpose of national constitutional controversy.
The special prosecutor is writing an indictment, weighing that former floor leader Choo's recognition of the situation at the time alone constitutes a charge of engaging in an important mission of rebellion, and whether or not to conspire with former President Yoon is not a prerequisite.
The independent counsel judged that Choo must have recognized that the emergency martial law had the purpose of the national constitution because he witnessed the situation in which the military was about to enter the plenary session.
Despite such recognition, Choo, the former floor leader, was the only member of the National Assembly to lift martial law, but he did not participate in the vote. In addition, the special prosecutor's opinion is that it is an important mission to contribute to the maintenance of the riots in the constitution by announcing the location of the general meeting to the headquarters and preventing other lawmakers from participating in the vote.
A phone call with 尹 and Hong Jang-won for 1 minute and 24 seconds, shorter than Choo Kyung-ho..."It's possible to have a contest"
In addition, the special prosecutor believes that the two-minute phone call sufficiently proves the sequential conspiracy in which the mission was carried out according to instructions.
The fact that Yoon colluded with the National Intelligence Service and the Defense Security Command to arrest key figures proved to be a phone call shorter than two minutes. Hong Jang-won, former deputy chief of the National Intelligence Service, talked to Yoon for one minute and 24 seconds.
At the time, former President Yoon only said abstract words to former deputy chief Hong, "Take this opportunity to catch all of them" and "support counterintelligence." Hong later recognized through a phone call with former counterintelligence commander Yeo In-hyung that former President Yoon's order was the arrest of key figures.
It is possible that Choo also heard only fundamental messages on the phone with Yoon. However, he had consecutive phone conversations with Hong Cheol-ho, former senior presidential secretary for political affairs, and Han Deok-soo, former prime minister, before receiving the phone call from Yoon.
In addition, former President Yoon called Kwak Jong-geun, former commander of the Army Special Warfare Command, at around 11:40 p.m., after the call with Choo, and asked, "Where is the helicopter moving to the National Assembly going?" About 40 minutes later, he said, "It seems that the quorum of the resolution in the National Assembly has not been filled, so go in quickly and pull it out."
Considering the post-war situation, the special prosecutor's judgment is that former President Yoon's words to Choo, "Don't worry because it won't last long," also prove the collusion between the two.
"The president may have ordered the martial law not to be lifted before the martial law is lifted, as the military will soon be in control of the National Assembly," said Seo Bo-hak, a law school professor at Kyung Hee University. "Why do we need to talk for a long time in an urgent situation? If it's two minutes, we can plot and we can prove whether it is a conspiracy."
In addition, the special prosecutor is also paying attention to the fact that former floor leader Choo did not express any opposition during the phone call with former President Yoon.
It was reported that Choo did not make a statement during the independent counsel's investigation or arrest examination, saying, "I conveyed my opinion against martial law to former President Yoon or asked him to lift it immediately." In addition, Choo himself did not go to the main assembly hall, but stayed in the floor leader's office and did not participate in the vote. The independent counsel sees it as a circumstance suggesting that Choo accepted former President Yoon's request for cooperation.
The independent counsel is continuing its final legal review, with Choo scheduled to be put to trial on the day. The independent counsel is considering putting charges of abuse of authority and obstruction of exercise of rights, which is excluded from the request for an arrest warrant, in the indictment.
Although it was difficult to identify victims of abuse of authority due to the non-cooperation of the investigation by former People's Power Party leader Han Dong-hoon, discussions are reportedly underway to apply the charges in that it is possible to estimate to some extent lawmakers who have been hindered from exercising their voting rights.
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"There was an insurrection through an illegal martial law, and it was Choo Kyung-ho who obstructed the movement of lawmakers to the National Assembly, where they could have lifted it.
This is not about finding a witness who saw prior meetings and planning.
He made phone calls telling lawmakers not to go to the Assembly, and if they agreed and acted on it, that makes them co-conspirators in the insurrection.
How can anyone say two minutes is not enough? Twenty seconds would suffice.
The judges are either severely lacking in competence, or complicit themselves.
How can we trust the judiciary?"