Counsel team's request to search Cheong Wa Dae dismissed

Park Young-soo, the independent counsel leading the investigation into the influence-peddling scandal involving President Park Geun-hye and her confidant Choi Soon-sill, enters the team’s office in Daechi, southern Seoul, Thursday. / Yonhap

‘Gov’t body ineligible to file suit’

By Lee Kyung-min

The Seoul Administrative Court refused Thursday to give permission for the independent counsel team to search Cheong Wa Dae.

The team’s plan for face-to-face questioning of President Park Geun-hye over the influence-peddling scandal involving her confidant Choi Soon-sil has also become problematic, as the team cannot now secure evidence from a search of the presidential office.

The court dismissed the request without deliberation, saying the independent counsel team was not eligible to file a lawsuit. It also denied the team the right to appeal citing the same reason.

The court said Cheong Wa Dae refusal to allow the counsel team to search the presidential office was a legitimate action under criminal law.

It added that it was unnecessary for the counsel to file a suit claiming “exception” as the court’s rejection did not restrict his team’s authority in exercising its other rights as an investigative body.

“Given that this is a dispute between two government bodies, the case should be settled by the law governing such bodies,” the court said.

“However, this law does not allow any government body to file a suit against a rejection to comply with a search warrant by figures in charge of premises that handle classified military and civil information. This issue should therefore be resolved through legislative means,” it added.

Even if the court had granted the request, it would not have meant it had ordered Cheong Wa Dae officials to allow the search. It would have only suspended the rejection, meaning the counsel team would have had to seek approval from the officials again, the court added.

The ruling comes a day after the court heard arguments from both sides, at 10 a.m., Wednesday.

The presidential office said the case should be dismissed as a government body is not eligible to file a lawsuit. The counsel team responded that it has legal standing, citing a Supreme Court precedent.

The court asked both parties to submit additional written arguments by midnight, saying it would make a ruling quickly as the team’s mandate is set to expire Feb. 28.

The unprecedented motion seeking the court ruling was filed by the team last Friday against Cheong Wa Dae chief of staff Han Kwang-ok and presidential security service chief Park Heung-ryul, after the two denied the team access to the premises, Feb. 3, citing national security and the possible leak of classified military intelligence.

The team's failed attempt to gain entry to the premises came a day after the Seoul Central District Court issued a search warrant.

Han and Park refused to comply with the warrant, as under the law, military facilities and other areas that handle confidential information cannot be searched without approval from those in charge of the location. However, the law also prohibits such figures from refusing to grant such a request unless it infringes upon key national interests.

The precedent cited by the team involved a suit in July 2013 filed by a Gyeonggi Province unit of the National Election Commission (NEC) against the National Human Rights Commission (NHRC) that sought to nullify the latter's recommendation of punishment for the unit's head.

The top court at the time recognized the unit as a valid entity to bring a lawsuit, but added that a lawsuit between two government bodies should be allowed only when one such body has no other legal option to dispute the legality of a measure imposed by the other.

However, Cheong Wa Dae said the precedent is the only case that remains as a sole exception to the exclusion of all others, adding that the team has other legal options to pursue its investigation.

The team argued that the search was crucial to uncover the truth behind the scandal adding that its months-long investigation would suffer a serious setback without it.

Cheong Wa Dae, however, claimed that if the court allowed the team to bring the suit, it would blur the lines between civil and criminal law. It said all other government agencies would bring their cases to the administrative court when they are unable to settle them within the criminal law.

Meanwhile, the independent counsel team asked acting President and Prime Minister Hwang Kyo-ahn to extend its mandate, Thursday, adding that its investigation would be unable to produce results without it.

“We believe that we are unable to conduct a thorough investigation into all figures involved in the scandal,” team spokesman Lee Kyu-chul said during a press briefing.

The announcement came hours after minor opposition People’s Party floor leader Joo Seung-yong said that the National Assembly would pass a revision bill concerning the extension of the mandate during a plenary session, Feb. 23.

Cheong Wa Dae cannot be seen clearly due to fog in downtown Seoul, Thursday. / Yonhap