Independent counsel has no authority to force questioning
By Kim Se-jeong
While an independent counsel is getting ready to unveil the influence-peddling scandal involving President Park Geun-hye and her confidant Choi Soon-sil, questioning of key witnesses is posing a challenge because the investigation team may not be able to question them.
The team will be able to interrogate Choi, two former presidential aides, visual artist Cha Eun-taek and Choi's niece Jang Si-ho, who have already been arrested for their involvement in the scandal, as well as Park Geun-hye, who was identified as a suspect, in person.
The problem lies with others, who have not been formally charged but the questioning of whom will be critical in getting to the bottom of the scandal. Special prosecutor Park Young-soo has no authority to forcibly summon them as "witnesses."
The law on an independent counsel is in line with the criminal law, according to which investigators cannot apprehend a witness.
The forcible measure had been available until 2008 when an independent counsel looked into the BBK scandal involving then President-elect Lee Myung-bak. Lee was accused of creating a slush fund overseas through BBK, an investment company, and the special investigation later found him innocent.
During the investigation, the Constitutional Court ruled against the measure. It allowed one key witness to overstay in Singapore to avoid questioning.
For the Choi scandal, special prosecutor Park vowed to seek a bribery charge against the President over the fundraising from conglomerates for Choi's foundations. But to be able to do that, he needs to speak with heads of conglomerates in person.
Likewise, he vowed to look into what the President had been doing during her seven hour absence from official duty on the day of the ferry Sewol disaster, which also requires testimonies from key witnesses including presidential secretaries.
The special prosecutor acknowledged the point. "Unlike in the past, the law concerning the Choi scandal doesn't give me the authority to summon witnesses," Park Young-soo told journalists, Monday. "This will make my job much tougher. We will try to persuade them personally."
An anonymous lawyer echoed Park's point.
"Under this rule, two former presidential aides ― An Bong-geun and Lee Jae-man ― and conglomerate CEOs can say no to the special prosecutor's call for face-to-face interviews, and he will have no power to push them," the lawyer said. "This for sure will slow down the investigation and can make it incomplete."
The special investigation team is currently reviewing documents transferred from the prosecution in a preliminary investigation and will have up to 100 days to look into the case after the official launch.
Park Young-soo will lead the team with four assistant counsels, 20 incumbent prosecutors and dozens more investigators. Park said he had no time to waste, promising to speed up the preliminary investigation. The team also signed a lease for an office in southern Seoul.
By Kim Se-jeong
While an independent counsel is getting ready to unveil the influence-peddling scandal involving President Park Geun-hye and her confidant Choi Soon-sil, questioning of key witnesses is posing a challenge because the investigation team may not be able to question them.
The team will be able to interrogate Choi, two former presidential aides, visual artist Cha Eun-taek and Choi's niece Jang Si-ho, who have already been arrested for their involvement in the scandal, as well as Park Geun-hye, who was identified as a suspect, in person.
The problem lies with others, who have not been formally charged but the questioning of whom will be critical in getting to the bottom of the scandal. Special prosecutor Park Young-soo has no authority to forcibly summon them as "witnesses."
The law on an independent counsel is in line with the criminal law, according to which investigators cannot apprehend a witness.
The forcible measure had been available until 2008 when an independent counsel looked into the BBK scandal involving then President-elect Lee Myung-bak. Lee was accused of creating a slush fund overseas through BBK, an investment company, and the special investigation later found him innocent.
During the investigation, the Constitutional Court ruled against the measure. It allowed one key witness to overstay in Singapore to avoid questioning.
For the Choi scandal, special prosecutor Park vowed to seek a bribery charge against the President over the fundraising from conglomerates for Choi's foundations. But to be able to do that, he needs to speak with heads of conglomerates in person.
Likewise, he vowed to look into what the President had been doing during her seven hour absence from official duty on the day of the ferry Sewol disaster, which also requires testimonies from key witnesses including presidential secretaries.
The special prosecutor acknowledged the point. "Unlike in the past, the law concerning the Choi scandal doesn't give me the authority to summon witnesses," Park Young-soo told journalists, Monday. "This will make my job much tougher. We will try to persuade them personally."
An anonymous lawyer echoed Park's point.
"Under this rule, two former presidential aides ― An Bong-geun and Lee Jae-man ― and conglomerate CEOs can say no to the special prosecutor's call for face-to-face interviews, and he will have no power to push them," the lawyer said. "This for sure will slow down the investigation and can make it incomplete."
The special investigation team is currently reviewing documents transferred from the prosecution in a preliminary investigation and will have up to 100 days to look into the case after the official launch.
Park Young-soo will lead the team with four assistant counsels, 20 incumbent prosecutors and dozens more investigators. Park said he had no time to waste, promising to speed up the preliminary investigation. The team also signed a lease for an office in southern Seoul.
