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※ 번역할 언어 선택

Governor Frederic S. Mishkin
At the Risk USA 2007 Conference, New York, New York
November 5, 2007

Financial Instability and Monetary Policy

After operating for years under very favorable conditions and ample liquidity, financial markets came under stress last summer and have not yet fully recovered. This ongoing episode has reminded investors and policymakers alike that financial instability, if allowed to develop fully, could have severely negative consequences not only for the functioning of financial markets but also, importantly, for the macroeconomic prospects of our country as well as others. It is this connection with the real side of the economy that makes financial stability a central concern for me and my colleagues at the Federal Reserve and at other central banks around the world.

Policymakers, particularly those in a central bank, are faced with the questions of what they should do to prevent financial instability and what their responses should be when financial instability threatens to compromise economic performance. To start answering these questions, we must first understand the nature of financial instability and how it might affect the macroeconomy.1

The Nature of Financial Instability
The financial system performs the function of efficiently channeling funds to individuals or corporations with worthy investment opportunities. If shocks interfere with the information flows that are necessary for a smooth functioning of the financial system, the system can be disrupted and financial instability can arise. By disrupting the flow of credit, financial instability, in turn, becomes a threat to economic performance.2

The information that is necessary for the efficient functioning of the financial system is by its nature asymmetric: Often, one party to a financial contract (typically the lender) has much less accurate information about the outcome of an investment than does the other party (typically the borrower). As I have explained in more detail in a recent speech, such asymmetry leads to two prominent difficulties for the functioning of the financial system: adverse selection and moral hazard (Mishkin, 2007).

Adverse selection arises when investments that are most likely to produce an undesirable (adverse) outcome are the most likely to be financed (selected). For example, investors who intend to take on large amounts of risk are the most likely to be willing to seek out loans because they know that they are unlikely to pay them back. Moral hazard arises because a borrower has incentives to invest in high-risk projects, in which the borrower does well if the project succeeds but the lender bears most of the loss if the project fails.

Historically, banking institutions and other financial intermediaries have played a major role in reducing the asymmetry of information because they are well placed to collect information from borrowers and to engage in long-term relationships with clients. In more recent times, improved transparency and financial innovation--in the form of new financial products as well as new types of institutions that have become active in markets--have also contributed to the efficient flow of information across the system. The continuity of this flow helps keep adverse selection and moral hazard in check and is crucial to the process of price discovery--that is, the ability of markets to collect information and properly evaluate the worth of financial assets.

During periods of financial distress, information flows may be disrupted, and price discovery may be impaired. The high risk spreads and reluctance to purchase assets that are characteristic of such episodes are natural responses to the increased uncertainty resulting from the disruption of information Two types of risks are particularly important for understanding financial instability. The first is what I will refer to as valuation risk: The market, realizing the complexity of a security or the opaqueness of its underlying creditworthiness, finds it has trouble assessing the value of the security. For example, this sort of risk has been central to the repricing of many structured-credit products during the turmoil of the past few months, when investors have struggled to understand how potential losses in subprime mortgages might filter through the layers of complexity that such products entail.

The second type of risk that I consider central to the understanding of financial stability is what I call macroeconomic risk--that is, an increase in the probability that a financial disruption will cause significant deterioration in the real economy. Because economic downturns typically result in even greater uncertainty about asset values, such episodes may involve an adverse feedback loop whereby financial disruptions cause investment and consumer spending to decline, which, in turn, causes economic activity to contract. Such contraction then increases uncertainty about the value of assets, and, as a result, the financial disruption worsens. In turn, this development causes economic activity to contract further in a perverse cycle.

Deterioration of balance sheets during a recession can also intensify problems of adverse selection and moral hazard because it removes an important channel through which information asymmetries are mitigated--the use of collateral. If a borrower defaults on a loan backed by collateral, the effects of the adverse selection problem are less severe because the lender can take title to the collateral and thus make up for the loss. In addition, the threat of losing the collateral gives the borrower more incentives not to take unmanageable risks that might ultimately lead to a default, and it thus reduces the moral hazard problem. These mechanisms work only as long as the collateral is of sufficient quality; during macroeconomic downturns, the value of collateral may fall, problems of adverse selection and moral hazard again become central, and lenders become much less willing to lend. Again, these events can result in an adverse feedback loop.

Shocks of various natures can interfere with the information flow in financial markets and thereby precipitate financial instability through valuation and macroeconomic risk. Historical examples of such shocks include higher interest rates, problems in the banking sector, increases in uncertainty, and asset market effects on balance sheets. Of those, the last two appear to have been especially prominent in the ongoing episode of financial instability.

Interpreting the Recent Episode of Financial Instability
One could argue that the valuation of financial products backed by mortgages and corporate loans has always been uncertain, as the ability of borrowers to repay their debt ultimately depends on the performance of the economy. Yet, especially in very recent years, investors appeared to be less concerned about macroeconomic uncertainty or about the attendant problems of adverse selection and moral hazard inherent in asset-backed products. Thus, abundant credit flowed cheaply to borrowers regardless of the risks involved.

However, beginning in the spring and continuing to the present time, a considerable amount of uncertainty has surrounded markets' valuations of many structured-finance products--part of the flurry of innovative financial instruments that have become popular among market participants in recent years. Generally, increased uncertainty in financial markets makes it harder for lenders to screen good credit risks from bad and ultimately makes information more asymmetric, thereby possibly exacerbating the adverse selection problem. Consequently, lenders may become less willing to lend, and that reluctance may lead to a decline in investment and aggregate activity. During the recent turmoil, the opaqueness of structured-credit products contributed to market uncertainty until investors in those products (who were ultimately lenders to households and corporations) withdrew from the market and left borrowers without an important source of credit.

In the housing market, where price appreciation has slowed or even turned to depreciation in many areas, delinquencies and defaults have risen of late, especially in the variable-rate subprime sector. In addition, the decline in house prices has induced a clear deterioration in the collateral behind home mortgages. As a consequence, lenders have responded by tightening standards and terms and, ultimately, by reducing credit.

Similarly, the collateral offered by many financial institutions to back the borrowing they needed to finance their operations also became questionable. As a result, these institutions found credit much more difficult to obtain, or much more costly, or both. Funding difficulties for financial institutions clearly have the potential to turn into tighter credit conditions for households and nonfinancial businesses alike.

The Role of the Federal Reserve
Against this backdrop, what role should the Federal Reserve perform to pursue its objectives? To answer this question, we must first understand exactly what those objectives are. The Federal Reserve was created by the Congress in 1913 to provide an effective backstop against the recurring episodes of financial panic that were relatively frequent at the time. Even so, the interest of the Congress was not financial stability per se. Rather, the Congress was concerned that financial panics were often followed by sharp contractions in economic activity, and it recognized that a stabilization of the financial system would lead to a stabilization of the whole U.S. economy.

Originally, the preamble to the Federal Reserve Act of 1913 stated that the Federal Reserve System was created "to furnish an elastic currency, to afford means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes." Later, in 1977, the Congress amended the act to introduce macroeconomic objectives explicitly. Accordingly, it stated that "the Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall maintain long run growth of the monetary and credit aggregates commensurate with the economy's long run potential to increase production, so as to promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates." Because long-term interest rates can remain low only in a stable macroeconomic environment, these goals are often referred to as the dual mandate--that is, the Federal Reserve seeks to promote the two coequal objectives of maximum employment and price stability. But although the main interests of the Federal Reserve are macroeconomic in nature, well-functioning financial markets are ancillary to good economic performance. Conversely, financial instability can compromise economic growth and price stability. Because of this intimate connection with economic performance, the Federal Reserve has a clear interest in promoting the stability of financial markets.

The Federal Reserve has various tools at its disposal to promote financial stability. In a speech two weeks ago, I discussed its role as a liquidity provider (Mishkin, 2007). Today, I will instead focus on how monetary policy can be used as an effective instrument to keep markets stable and to counter the macroeconomic effects of a system that has become unstable.

As a general principle, a sound monetary policy is one that will foster the objectives of price stability and maximum sustainable employment. Such a policy can make financial instability less likely. In my view, the reason that this is so resides once again in the informational asymmetries that pervade our financial system. For example, in an economy that experiences severe swings in output growth, lenders will be more reluctant to lend and will demand higher interest rates because of the higher risks that borrowers will default. But this situation is likely to exacerbate the adverse selection problem, as only riskier borrowers will be willing to take out loans at higher interest rates. Similarly, in an environment of high inflation, lenders will not be willing to lend for long periods. Debt contracts will then tend to have short maturities, thereby increasing the system's exposure to cash flow and liquidity problems.

Financial instability, however, can arise even if macroeconomic fundamentals are good and monetary policy is sound, simply because of shocks that are unforeseen by policymakers or that cannot be prevented from occurring. In this case, monetary policy can also be useful because it can help forestall the negative macroeconomic consequences of financial instability. An easier monetary policy provides a direct stimulus to the economy, as it generally leads to lower interest rates across the term structure. Lower rates reduce the cost of capital for borrowers and therefore encourage investment. They also generally boost asset prices, thereby increasing wealth and encouraging consumer spending.

Researchers have also identified other channels through which monetary policy is effective. One important one is the credit channel. The credit-channel view holds that monetary policy has additional effects because interest rate decisions influence the cost and availability of credit by more than would be implied by the associated movement in risk-free interest rates (Bernanke and Gertler, 1995; Bernanke, 2007a). For example, an easier monetary policy strengthens the balance sheets of borrowers. This stronger financial position, in turn, enables the borrower to reduce its potential conflict of interest with the lender, either because the borrower is able to self-finance a greater share of its investment projects, or because it can offer more or better collateral to guarantee its liabilities. As a result, firms and households will find it easier to increase their spending.

In addition to having beneficial macroeconomic effects, monetary policy can also help directly restore stability in financial markets after a period of financial instability. As we have seen, financial instability can basically be viewed as a disruption of information; therefore, its resolution requires a restoration of information flows. Monetary policy can contribute to this process by minimizing market uncertainty.

I noted a moment ago that periods of financial instability are characterized by valuation risk and macroeconomic risk. Monetary policy cannot have much influence on the former, but it can certainly address the latter--macroeconomic risk. By cutting interest rates to offset the negative effects of financial turmoil on aggregate economic activity, monetary policy can reduce the likelihood that a financial disruption might set off an adverse feedback loop. The resulting reduction in uncertainty can then make it easier for the markets to collect the information that enables price discovery and to hasten the return to normal market functioning.

To achieve this result most effectively, monetary policy needs to be timely, decisive, and flexible. Quick action is important for a central bank once it realizes that an episode of financial instability has the potential to set off a perverse sequence of events that pose a threat to its core objectives. Waiting too long to ease policy in such a situation would only risk a further deterioration in macroeconomic conditions and thus would arguably only increase the amount of easing that would eventually be needed.

Decisive action is also important. In circumstances when the risk of particularly bad economic outcomes is very real, a central bank may want to buy some insurance and, so to speak, "get ahead of the curve"--that is, ease policy more than it otherwise would have simply on the basis of its modal economic outlook. However, because monetary policy makers can never be certain of the amount of policy easing that is needed to forestall the adverse effects of disruptions in financial markets, decisive policy actions may, from time to time, go too far and thus produce unwelcome inflationary pressures. That's why I said that flexibility is also an important characteristic of monetary policy during a time of financial turmoil. If, in their quest to reduce macroeconomic risk, policymakers overshoot and ease policy too much, they need to be willing to expeditiously remove at least part of that ease before inflationary pressures become a threat.

Some may see a monetary policy that actively addresses episodes of financial instability along the lines that I have just described as promoting excessive risk-taking and thus increasing the probability of future crises. In other words, such a policy might appear to create some moral hazard problems of its own. I question, however, the validity of this view. As I pointed out earlier, the Federal Reserve has a mandate from the Congress to promote maximum employment and stable prices, and it will choose its monetary policy actions so as to best meet that mandate. That said, as pointed out recently by Chairman Bernanke, it is not the responsibility of the Federal Reserve--nor would it be appropriate--to protect lenders and investors from the consequences of their financial decisions (Bernanke, 2007b). Indeed, the Federal Reserve can hardly insulate investors from risk, even if it wished to do so. And the fact that investors who misjudged the risks they were taking lost money over the past few months as well as during most other episodes of financial turmoil, independently of the monetary policy actions taken by the Federal Reserve, certainly corroborates this argument. The point is that, although the Federal Reserve can and should offset macroeconomic risk with monetary policy decisions, investors remain responsible for dealing with valuation risk. Indeed, monetary policy is and should be powerless in that respect. It is solely the responsibility of market participants to do the hard work of price discovery and to ascertain and manage the risks involved in their investments.

The Federal Reserve's Recent Monetary Policy Decisions
What I just said should serve as a framework for understanding the recent decisions of the Federal Reserve to ease policy, first by 50 basis points on September 18 and then by another 25 basis points last week. The first action was larger than markets expected at the time--indeed, quotes from the federal funds futures market as well as survey data indicated that most investors had anticipated a cut of only 25 basis points in the target federal funds rate ahead of that meeting. As reported in the minutes, the Federal Open Market Committee (FOMC) judged that a policy easing of 50 basis points was appropriate to help offset the effects of tighter financial conditions on the economic outlook. Had the FOMC not eased policy, it would have faced a risk that the tightening of credit conditions and an intensifying housing correction would lead to significant broader weakness in output and employment. In addition, it would have faced the possibility that the impaired functioning of financial markets would persist for some time or worsen, which would create an adverse feedback loop not dissimilar to what I earlier called macroeconomic risk. The cut of 50 basis points at that meeting was the most prudent action from a macroeconomic standpoint, even given the Federal Reserve's objective of price stability. Indeed, with economic growth likely to run below its potential for a while and with incoming inflation data to the favorable side, the easing of policy, even if substantial, seemed unlikely to affect adversely the outlook for inflation.

It should be clear at this point that the FOMC's decision was made purely on macroeconomic grounds--that is, policy was eased solely to offset macroeconomic risk. The changed policy stance would not have interfered with the ongoing adjustments in the pricing of financial instruments--that is, the policy action, even if larger than investors had expected, would not have had any effects on valuation risk.

The response of the markets to the easing of monetary policy in September was encouraging. Financial market functioning improved after the decision was announced, an outcome that partially allayed the risks of a coming credit crunch and thus suggested that macroeconomic risk may have been reduced. Still, conditions in several markets remained strained. In part, those tensions certainly reflected the fact that valuation risk was still substantial and would not be reduced quickly. Indeed, the process of price discovery is ongoing, and it will likely be some time before it is completed.

At the FOMC meeting last week, the federal funds rate target was lowered by another 25 basis points. Our economy grew at a solid pace in the third quarter and was boosted importantly by personal consumption and business expenditures, an indication of considerable underlying strength in spending before the recent financial turbulence. However, the pace of economic expansion is expected to slow in the near term, largely because of the intensification of the housing correction. The combined 75 basis points of policy easing put in place at the past two meetings should help forestall some of the adverse effects on the broader economy that might otherwise arise from the disruptions in financial markets and should help promote moderate growth over time.

Going into the meeting, I was comforted by the lack of direct evidence to date of serious spillovers of the housing weakness and of tighter credit conditions on the broader economy. But with an unchanged policy interest rate, I saw downside risks to the outlook for growth. I was mindful, in particular, of the risk that still-fragile financial markets could be particularly exposed to potential adverse news on the housing situation, or on the macroeconomy more generally, and that renewed strains in financial markets could feed back adversely on economic performance. My vote to ease policy at the meeting was motivated by my wish to reduce those risks. The FOMC perhaps could have waited for more clarity and left policy unchanged last week, but I believe that the potential costs of inaction outweighed the benefits, especially because, should the easing eventually appear to have been unnecessary, it could be removed.

In voting to ease policy, I carefully considered the effect of that decision on our other objective--price stability. I reasoned that the anticipated softening of economic growth and perhaps the emergence of some slack in the labor market might reduce those pressures, and I judged that a cut of 25 basis points in the target federal funds rate would not materially alter that modal outlook. However, I recognized the risk that, even if readings on core inflation have improved modestly this year, recent increases in energy and commodity prices, among other factors, may put renewed upward pressure on inflation. Consequently, in considering appropriate future adjustments to policy, I will monitor inflation developments carefully.

Overall, I think that the cumulative policy easing the FOMC put in place at its past two meetings reduced significantly the downside risks to growth so that those risks are now balanced by the upside risks to inflation. In these circumstances, I will want to carefully assess incoming data and gauge the effects of financial and other developments on economic prospects before considering further policy action. As always, my colleagues on the FOMC and I will act to foster our dual objectives of price stability and sustainable economic growth.

Conclusions
As I have argued here, under the mandate it has been given by the Congress, the Federal Reserve has a responsibility to take monetary policy actions to minimize the damage that financial instability can do to the economy. I hope I was clear in communicating to you that policies to achieve this goal are designed to help Main Street and not to bail out Wall Street. Pursuing such policies does help financial markets recover from episodes of financial instability, and so it can help lift asset prices. But this does not mean that market participants who have been overly optimistic about their assessment of risk don't pay a high price for their mistakes. They have, and that is exactly what should happen in a well-functioning economy--which, after all, is what the Federal Reserve is seeking to promote.
References
Bernanke, Ben S. (2007a). "The Financial Accelerator and the Credit Channel," speech delivered at the Credit Channel of Monetary Policy in the Twenty-first Century Conference, Federal Reserve Bank of Atlanta, Atlanta, Georgia, June 15.

_________ (2007b). "The Recent Financial Turmoil and Its Economic and Policy Consequences," speech delivered at the Economic Club of New York, New York, October 15.

Bernanke, Ben S., and Mark Gertler (1995). "Inside the Black Box: The Credit Channel of Monetary Policy Transmission," Leaving the Board Journal of Economic Perspectives, vol. 9 (Autumn), pp. 27-48.

Mishkin, Frederic S. (1997). "The Causes and Propagation of Financial Instability: Lessons for Policymakers (145 KB PDF)," in Maintaining Financial Stability in a Global Economy, proceedings of a symposium sponsored by the Federal Reserve Bank of Kansas City, Jackson Hole, Wyo., August 28-30, pp. 55-96.

_________ (2007). "Financial Instability and the Federal Reserve as a Liquidity Provider," speech delivered at the Museum of American Finance Commemoration of the Panic of 1907, New York, October 26.

Footnotes

1. Note that my remarks here reflect my own views and not necessarily those of others on the Board of Governors or the Federal Open Market Committee. I thank Roberto Perli for his excellent comments and assistance on this speech.

2. A more detailed discussion of my views on what causes financial instability and of the effect of such instability on economic activity is in Mishkin (1997).

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사진
문체위, 축구협회 청문회 22일 개최 [서울=뉴스핌] 송기욱 기자 = 국회 문화체육관광위원회가 대한축구협회 현안 관련 청문회를 오는 22일 개최하기로 했다. 문체위는 9일 국회에서 전체회의를 열고 대한축구협회 현안 관련 청문회 실시 계획서 채택의 건과 서류 제출 요구의 건, 증인 및 참고인 출석 요구의 건을 의결했다. 이번 청문회는 축구 국가대표팀 감독 선임 절차와 대한축구협회 운영 실태 전반에 나타난 문제점을 국회 차원에서 점검하고, 대한축구협회 정상화 방안을 모색하기 위해 마련됐다. 홍명보 전 축구 국가대표팀 감독 [사진=로이터 뉴스핌] 이재정 문체위원장은 "대한축구협회의 자율성과 전문성은 존중하되 축구가 가지는 공공성을 감안해 국회의 역할을 뒤로 미룰 수 없었다"고 설명했다. 문체위는 국회법 제65조에 따라 오는 22일 오전 10시 청문회를 개최하기로 했다. 청문회와 관련해서는 총 644건의 서류 제출을 요구하고 제출 기한을 오는 16일 오후 2시까지로 정했다. 증인으로는 정몽규 전 대한축구협회장과 홍명보 전 축구 국가대표팀 감독, 이임생 전 대한축구협회 기술총괄이사 등 13명이 채택됐다. 참고인으로는 박지성 K축구혁신위원회 공동위원장 등 10명이 포함됐다. 다만 청문회가 핵심 관계자들의 출석 회피와 축구협회의 자료 미제출로 '맹탕 청문회'에 그칠 수 있다는 우려도 제기됐다. 조계원 더불어민주당 의원은 이날 의사진행발언에서 "대한민국 체육계는 대한축구협회의 독단적인 행정과 밀실 감독 선임, 올림픽 본선 진출 실패라는 참담한 결과에도 그 누구 하나 책임 있는 자세를 보이지 않는 모습에 국민적 분노가 극에 달하고 있다"고 지적했다. 정몽규 대한축구협회장(왼쪽부터), 박주호 전 대한축구협회 전력강화위원회 위원, 홍명보 축구 국가대표팀 감독이 2024년 9월 24일 오후 서울 여의도 국회에서 열린 문화체육관광위원회의 대한축구협회 등에 대한 현안질의에 출석해 있다. [사진 = 뉴스핌DB] 조 의원은 "정몽규 전 회장, 홍명보 전 감독, 이임생 전 이사 등 사건의 핵심 당사자들이 줄줄이 사임하고 외국으로 도피하는 등의 행보를 보이며 국회 출석 요구를 회피할 가능성이 매우 높아 보인다"고 말했다. 이어 "저희 의원실에서 이번 사태의 진상을 규명하기 위해 수십 건의 자료 제출을 요구했음에도 불구하고 축구협회는 지금까지 단 한 건의 자료도 제출하지 않고 버티고 있다"며 "이는 국회를 무시하는 처사이자 진실을 요구하는 국민을 기만하는 행위"라고 비판했다. 그러면서 "오늘 채택될 청문회가 맹탕 청문회로 전락하지 않도록 위원장님께서 엄격하고 단호하게 중심을 잡아달라"고 요청했다. 이 위원장은 이날 청문회 실시 계획서와 서류 제출 요구, 증인 및 참고인 출석 요구 안건을 각각 상정한 뒤 의결했다. oneway@newspim.com 2026-07-09 12:49
사진
대법, 尹 '체포방해' 징역 7년 확정 [서울=뉴스핌] 홍석희 기자 = 12·3 비상계엄과 관련해 고위공직자범죄수사처(공수처)의 체포방해·국무위원 심의권 침해 등 혐의를 받는 윤석열 전 대통령이 9일 대법원에서 징역형을 확정받았다. 윤 전 대통령은 비상계엄 사태 583일 만에 처음으로 관련 범죄에서 유죄를 확정받으며 즉시 미결수에서 기결수로 신분이 바뀌었다. 윤 전 대통령 측은 선고 직후 "대법원이 이처럼 중대한 사건을 충분한 심리 없이 종결한 데 깊은 유감"이라며 재판소원을 검토하겠다고 밝혔다. 대법원 3부(주심 이숙연 대법관)는 이날 오후 특수공무집행방해·직권남용권리행사방해 등 혐의로 기소된 윤 전 대통령에게 징역 7년을 선고한 원심을 확정했다. 윤 전 대통령은 서울고법에서 진행 중인 내란 우두머리 항소심에 출석해 대법원 법정에 나오지 않았다. 12·3 비상계엄과 관련해 고위공직자범죄수사처(공수처) 체포방해·국무위원 심의권 침해 등 혐의를 받는 윤석열 전 대통령이 대법원에서 징역형을 확정받았다. 윤 전 대통령은 비상계엄 사태 583일 만에 처음으로 관련 범죄에서 유죄를 확정받으며 즉시 미결수에서 기결수로 신분이 바뀌게 됐다. 사진은 윤 전 대통령. [사진=뉴스핌DB] ◆ "공수처, 직권남용죄 관련 범죄로서 내란죄 수사권 가져" 윤 전 대통령은 지난해 1월 대통령 경호처 직원들을 동원해 공수처의 체포영장 집행을 방해한 혐의를 받는다. 12·3 비상계엄 선포 직전 일부 국무위원만 소집해 나머지 국무위원들의 심의권을 침해하고, 계엄 해제 뒤 사후 선포문을 만들어 폐기한 혐의도 받는다. 여인형 전 국군방첩사령관 등의 비화폰 통화기록 삭제를 지시하고, 외신에 계엄과 관련한 허위 사실을 PG(프레스 가이드)로 작성·전파한 혐의도 있다. 1심은 특수 공무집행 방해·직권남용 권리행사 방해·허위 공문서 작성 혐의를 유죄로 인정하며 윤 전 대통령에게 징역 5년을 선고했다. 2심은 1심에서 무죄로 판단된 '국토교통부·산업통상자원부 장관에 대한 심의권 침해', '계엄 관련 외신 허위 공보' 등을 유죄로 뒤집으며 징역 7년을 선고했다. 이날 대법원은 체포방해 혐의의 핵심 전제인 공수처의 내란우두머리죄 수사 절차가 적법하게 진행됐다는 점을 상세히 판시했다. 대법원은 "공수처는 피고인의 직권남용 및 내란 혐의 사실이 기재된 고발장을 수리함으로써 직권남용죄에 대한 수사를 개시하는 한편, 내란우두머리죄 혐의 또한 구체적으로 인식해 이에 대한 수사도 개시했다"며 "내란우두머리죄는 직권남용죄와 배경이 되는 사실관계가 동일하고 증거도 상당 부분 중첩된다"고 했다. 이어 "결국 피고인의 내란우두머리죄는 직권남용죄의 '수사 과정에서 인지한 직접 관련성이 있는 범죄'로서 공수처법 제2조 제4호 라목의 관련 범죄에 해당하므로 공수처는 이에 대한 수사권을 가진다"고 덧붙였다. 대법원은 "공수처가 고위공직자범죄인 직권남용죄에 대해 수사를 개시하면서, 이와 관련 범죄인 내란우두머리죄를 인지해 수사를 진행한 것에 수사절차상 위법이 있다고 보기 어렵다"고 판시했다. [서울=뉴스핌] 김예원 인턴기자 = 윤석열 전 대통령의 고위공직자범죄수사처(공수처) 체포방해 등 혐의 사건 상고심 선고기일인 9일 오후 서울역 대합실에서 시민들이 관련 생중계를 시청하고 있다. 이날 대법원 3부(주심 이숙연 대법관)는 윤 전 대통령에게 징역 7년을 선고한 원심판결을 확정했다. 2026.07.09 yeawon2@newspim.com ◆ 尹측 "대법, 중대 사건인데 충분히 심리 안하고 종결" 대법원은 또한 '윤 전 대통령이 계엄 선포에 관한 국무회의를 소집하면서 일부 국무위원에게 소집 통지를 하지 않은 것은 해당 국무위원의 심의권 행사를 현실적으로 방해한 것'이라고 판단한 원심에 대해 "법리 오해의 잘못이 없다"며 수긍했다. 이밖에 허위 공문서 작성 및 허위 작성 공문서 행사, 대통령기록물 관리법 위반 및 공용서류 손상, 허위 공보로 인한 직권남용 부분 등에 대해서도 원심의 판단을 받아들였다. 대법원 관계자는 "본 판결을 통해 처음으로, 불소추특권 대상범죄에 대한 대통령 재직 중 수사의 가부 및 그 범위, 공수처법 제2조 제4호 라목의 '관련범죄'의 의미 및 판단기준, 형사소송법 제110조에서 정한 압수·수색 승낙 거부권의 요건과 그 한계를 구체적으로 밝혔다"고 설명했다. 조은석 특별검사 측은 이날 선고 직후 "법원의 판단을 존중한다"며 "앞으로도 특검은 내란, 외환 사건 공소유지에 최선을 다하겠다"고 밝혔다. 윤 전 대통령 측은 이번 선고 결과에 대해 유감을 표하며 재판소원을 검토하겠다고 했다. 변호인단은 입장문을 통해 "대한민국 헌법의 근간인 법치주의와 영장주의의 관점에서 최고법원인 대법원이 이처럼 중대한 사건을 충분한 심리 없이 종결한 데 대해 깊은 유감"이라고 밝혔다. 이어 "대통령의 형사상 불소추특권의 범위에 '재임 중 강제수사'가 허용되는지 여부는 국가 원수이자 행정부 수반의 헌법적 지위를 수호하기 위한 고도의 헌법적 쟁점"이라며 "그럼에도 하급심은 이에 대한 명확한 법리적 판단을 회피했으며, 대법원 역시 이 심각한 법리적 전제를 완전히 묵인한 채 상고를 기각했다"고 덧붙였다. 변호인단은 "헌법이 보장하는 기본권 보호를 위해 재판소원 등 헌법재판 절차를 통해 이번 판결의 위헌성을 다툴 예정"이라고 했다. hong90@newspim.com 2026-07-09 15:19
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