By Kim Rahn
President Park Geun-hye may end up in jail in March if the mandate for the independent counsel's investigation into the presidential corruption scandal is extended until the end of that month.
This is also based on the assumption that the Constitutional Court removes her from power by backing the National Assembly's impeachment of the scandal-ridden president at the same time.
To prevent this, Park's lawyers and aides are likely to use delaying tactics so that the court decision will come out after the investigation mandate expires, even if it is extended.
The counsel team said Monday that it may seek to extend the mandate which is slated to end Feb. 28. According to the related law, the period can be extended once by 30 days only when acting President and Prime Minister Hwang Kyo-ahn approves it on behalf of the President who has been suspended from duty.
Earlier last month before his retirement Jan. 31, former court President Park Han-chul said it was desirable for the court to make a conclusion before another justice, Lee Jung-mi, retires March 13, because a single vacancy on the nine-member bench could lead to a "distorted" ruling.
After this remark, it has been widely believed that the court will make the ruling before March 13.
If the counsel's investigation period is extended through March 28, it will be unfavorable to Park as the team will secure more evidence and testimony disadvantageous to her.
If the court makes the decision in early March and endorses the impeachment, the ousted Park will be stripped of presidential privileges, such as being immune from prosecution while in office. As an ordinary citizen, she will have to submit to the questioning and, if the allegations are confirmed, may be arrested and indicted.
So, Park's team is likely to try to delay the court's decision to sometime after the counsel team's mandate expires. In that way, she will be able to avoid forced questioning or arrest by maintaining the presidency. Park's lawyers may encourage her to attend the court hearing, which she has so far refused to do, so the court will have to hold several more hearings and the final ruling will be delayed to April or later.
If the mandate is not extended and the investigation is wrapped up before the court ruling, Park may avoid the worst-case scenario. Instead, without the counsel's probe, she may see negative public opinion about her dying down.
But still, the prosecution will keep investigating the corruption allegations after the counsel team hands over its findings. Both the prosecution and the team regard the President as an accomplice of alleged corruption committed by her confidant Choi Soon-sil and former presidential secretaries.
Regarding the mandate extension, the acting president only said, "I'll review it when the counsel team officially requests it."
But speculation is high that Hwang may not approve the extension out of loyalty to the President. As a countermeasure, Rep. Park Joo-min of the main opposition Democratic Party of Korea submitted a revision bill to bypass Hwang's approval in extending the period.
While the current law stipulates an independent counsel can conduct an investigation for 70 days, and for an additional 30 days with the President's approval, the bill seeks to extend the total period to 120 days without any approval.
If the bill is passed at the National Assembly's plenary session around Feb. 23, the counsel team will be given the additional period automatically and continue the probe through the middle of April. But it is to be seen whether the bill will be passed, because the ruling Saenuri Party is likely to vote against it.
President Park Geun-hye may end up in jail in March if the mandate for the independent counsel's investigation into the presidential corruption scandal is extended until the end of that month.
This is also based on the assumption that the Constitutional Court removes her from power by backing the National Assembly's impeachment of the scandal-ridden president at the same time.
To prevent this, Park's lawyers and aides are likely to use delaying tactics so that the court decision will come out after the investigation mandate expires, even if it is extended.
The counsel team said Monday that it may seek to extend the mandate which is slated to end Feb. 28. According to the related law, the period can be extended once by 30 days only when acting President and Prime Minister Hwang Kyo-ahn approves it on behalf of the President who has been suspended from duty.
Earlier last month before his retirement Jan. 31, former court President Park Han-chul said it was desirable for the court to make a conclusion before another justice, Lee Jung-mi, retires March 13, because a single vacancy on the nine-member bench could lead to a "distorted" ruling.
After this remark, it has been widely believed that the court will make the ruling before March 13.
If the counsel's investigation period is extended through March 28, it will be unfavorable to Park as the team will secure more evidence and testimony disadvantageous to her.
If the court makes the decision in early March and endorses the impeachment, the ousted Park will be stripped of presidential privileges, such as being immune from prosecution while in office. As an ordinary citizen, she will have to submit to the questioning and, if the allegations are confirmed, may be arrested and indicted.
So, Park's team is likely to try to delay the court's decision to sometime after the counsel team's mandate expires. In that way, she will be able to avoid forced questioning or arrest by maintaining the presidency. Park's lawyers may encourage her to attend the court hearing, which she has so far refused to do, so the court will have to hold several more hearings and the final ruling will be delayed to April or later.
If the mandate is not extended and the investigation is wrapped up before the court ruling, Park may avoid the worst-case scenario. Instead, without the counsel's probe, she may see negative public opinion about her dying down.
But still, the prosecution will keep investigating the corruption allegations after the counsel team hands over its findings. Both the prosecution and the team regard the President as an accomplice of alleged corruption committed by her confidant Choi Soon-sil and former presidential secretaries.
Regarding the mandate extension, the acting president only said, "I'll review it when the counsel team officially requests it."
But speculation is high that Hwang may not approve the extension out of loyalty to the President. As a countermeasure, Rep. Park Joo-min of the main opposition Democratic Party of Korea submitted a revision bill to bypass Hwang's approval in extending the period.
While the current law stipulates an independent counsel can conduct an investigation for 70 days, and for an additional 30 days with the President's approval, the bill seeks to extend the total period to 120 days without any approval.
If the bill is passed at the National Assembly's plenary session around Feb. 23, the counsel team will be given the additional period automatically and continue the probe through the middle of April. But it is to be seen whether the bill will be passed, because the ruling Saenuri Party is likely to vote against it.
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