President unlikely to avoid questioning
Arrest warrant issued for Choi Soon-sil
By Jung Min-ho
President Park Geun-hye may go down in Korean history as the first incumbent head of state ever to be investigated.
And the likelihood of such an unprecedented event is increasing daily. At the National Assembly, Thursday, Justice Minister Kim Hyun-woong shifted his previous stance and said that if necessary he will urge Park to cooperate with the prosecution’s investigation into the influence-peddling scandal involving her confidant Choi Soon-sil.
Just last week, Kim tried hard to defend her, arguing that it would be unconstitutional to question an incumbent president.
Kim Byong-joon, the prime minister nominee appointed by Park, also told reporters Thursday that he believes investigating her would be possible, noting that “all citizens have equal rights and duties before the law.”
However, the prosecution has yet to disclose its stance — if it does investigate Park, it will have to decide how to question her.
Experts say any investigation will most likely be conducted in writing; or investigators may be allowed to question Park in her office at Cheong Wa Dae. Yet in any case, they believe that the President won’t be questioned in a prosecutor’s office like other criminal suspects.
Public calls are mounting for an investigation of the President after An Chong-bum, a former senior presidential secretary, was taken into custody over his role in the scandal, which has been pulling down the Park administration over the past month.
During questioning at the Seoul Central District Prosecutors’ Office, An reportedly said he just carried out the President’s orders to force conglomerates to fund the Mir and K-Sports foundations, which Choi allegedly set up and used for her own benefit.
Most constitutional scholars believe questioning Park would not violate the Constitution, which only states that an incumbent President is not subject to a criminal prosecution, but not an investigation altogether.
According to a survey conducted by local new agency News 1 Korea, 19 out of 20 members of the Korean Constitutional Law Association said they believe an incumbent president can be questioned, though they are not subject to indictment.
Yet it is unclear how much the President was involved in the allegations. For example, business people have insisted that An abused his power to help Choi by forcing the Federation of Korean Industries to cough up 80 billion won ($72 million) for the foundations. Many suspect it was a direct order from Park, who claimed the money came from the companies’ voluntary donations.
If the suspicion is confirmed with solid evidence, Park could be charged with abuse of authority, though it would be unconstitutional to prosecute her while in office. She is also suspected of playing a role in giving critical government information to Choi, who holds no public position, which may be in violation of the security of presidential records laws.
All opposition political parties have said the prosecution should look into Park immediately.
Woo Sang-ho, floor leader of the main opposition Democratic Party of Korea, said she is the root of “havoc” that would not have happened without her friendship with Choi.
Roh Hoe-chan, floor leader of the Justice Party, said the President should voluntarily face questioning “before the eyes of the nation” to find the truth.
Meanwhile, the Seoul Central District Court issued an arrest warrant for Choi. An, who was questioned over his role in the scandal, was taken into custody Wednesday night. Prosecutors say the two are accomplices in abuse of authority and attempted fraud.