By Kim Tae-jong
Staff Reporter
President-elect Lee Myung-bak will face another big challenge while celebrating his victory in the presidential election.
Lee will have to be cleared of allegations that he was involved in a financial scam, money laundering and false reporting of personal assets as a special prosecutor will be soon designated to investigate him.
If the independent counsel clears him, as the prosecution did early this month, it could give Lee a stronger leadership position by clearing his name.
His Grand National Party (GNP) would then also be able to secure a leading position in the upcoming National Assembly elections next April.
``Other parties will face an aftermath after their move fails to prove Lee's involvement,'' a lawmaker from GNP said.
But the situation could be totally different if the independent counsel proves his involvement in any of the allegations.
Speculations are varied as the procedure is also very complicated depending on when the result comes out.
Under the Constitution, the head of state cannot be prosecuted during his or her five-year term unless he or she organizes a coup d' etat or incites foreign invasion.
But before the inauguration, the winner of the presidential election can be summoned and indicted.
To indict him for any of the allegations, the investigation must be completed before the presidential inauguration on Feb. 25.
Due to the restriction, the bill, which was passed Monday at the National Assembly, aims to have the investigation completed within 40 days.
In this unprecedented case the special prosecutor will have 105 investigators and assistants ― the largest ever ― who will have to complete their investigation in the shortest time.
Under the procedure, up to 10 days will be given for the preparation for the designation of a special prosecutor and another maximum of 10 days will be spent preparing the investigation. The actual probe can last 30 days and another 10 days can be added if necessary.
Considering other procedures, it should take a combined 72 days to finish the investigation.
Experts say Lee can theoretically be indicted if the special prosecutor proves his involvement, and the court can make a ruling if all the procedures take place before the inauguration.
But even if he is indicted, bringing him to court may be complicated if the result comes out after the inauguration.
Lee will officially have the privilege of exemption from liability as the head of the state under the Constitution, and all legal steps are likely to be postponed until he steps down from the position.
But there are also different speculations by opponents of Lee.
They said that the Election Law can cancel the validity of an election if a winner is found to have lied purposely to win the election, claiming Lee has lied about the allegations.