The parliament-approved motion on an independent counsel probe into a now-defunct project to build a retirement home for President Lee Myung-bak has serious legal problems, a senior presidential official said Thursday, hinting at the possibility of vetoing the bill.
The ruling Saenuri and the main opposition Democratic United parties passed the bill through parliament on Monday, calling for appointing a special prosecutor to look into persisting suspicions over last year's retirement residence project.
The bill calls for the opposition party to recommend two candidates for a special prosecutor, the main point that officials found embarrassing. The measure arrived at the presidential office Thursday, and Lee has until Sept. 21 to either endorse or veto it.
"There is a problem with giving a political party the right to recommend candidates for a special prosecutor," a senior presidential official told reporters, stressing it goes against a Constitutional Court ruling that an independent counsel should be independent of political power.
"We have to think about whether it is right for the president, who is supposed to safeguard the Constitution, to accept this," the official said, expressing concern that the unprecedented move would leave a bad precedent.
In all nine independent counsel investigation cases in South Korea, candidates for special prosecutors have been recommended by either the Supreme Court chief justice or the Korea Bar Association, he said.
The official said, however, that no decision has been made yet on whether to endorse or veto the bill, and Lee will make a decision, considering all elements involved, including the point that it is a bill that both the ruling and opposition parties agreed on.
The scandal centers around a deal last year to buy a plot of land in Naegok-dong on the southern edge of Seoul for a retirement home for Lee and auxiliary facilities for security personnel there. The land was bought jointly by Lee's son, Si-hyung, and the presidential security service.
But the cost was not shared evenly, with the security service paying too high a price for the site for the security facilities in what the opposition claimed was a scheme to allow the 34-year-old son to profit from buying the residence site at a below-market price.
The presidential office has flatly rejected suspicions it was an illicit scheme to help Lee's son profit. Lee later scrapped the project and decided to move into his existing private house in Nonhyun-dong in southern Seoul after leaving office early next year.
The rival parties sought a special investigation after prosecutors wrapped up an inquiry into the scandal in June without filing charges against anyone involved, saying all suspicions in the case have been resolved. But the decision sparked a wave of public criticism.
The ruling party is concerned that the scandal, unless handled properly, could deal a blow to its chances in December's presidential election. Lee's term ends in February next year and he cannot seek re-election. (Yonhap)