April 25, 2024

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[THE INVESTOR] Legal representatives of President Park Geun-hye and the parliament clashed at the Constitutional Court on Dec.22 for the first time, in what is expected to be a long, drawn-out litigation war on the legitimacy of the president’s impeachment.

The embattled president was dealt a blow during the first preliminary proceedings, as the court turned down her objection on its request to the investigators for files related to the corruption and influence-peddling scandal Park is believed to be involved in. The National Assembly on Dec.9 passed a motion to impeach Park on her involvement in the scandal. 

Last week, the judiciaries requested to the prosecution and the independent counsel Park Young-soo’s team for complete records of their probe into the “Choi Soon-sil scandal,” named after the president’s civilian confidante who is believed to have illegally interfered in state affairs and embezzled public funds.

President Park claimed that it is in violation of a Constitutional Law that bans the transfer of files related to an ongoing investigation or trial.

Justice Lee Jung-mee of the Constitutional Court cited a clause that says the impeachment trial would follow legal proceedings outlined for the criminal procedures, which says that the court can decide to ask for files to the authorities if necessary.

“Even though the investigation record may not be the only evidence, it can be a prominent one in the trials,” said Justice Lee Jin-sung.

The court also selected Choi abd Park’s former aides, An Chong-bum and Jeong Ho-seong, as witnesses for the trial. An is suspected of conspiring with Choi and Park on their illegal activities -- including coercing local conglomerates to raise money for an organization related to Choi -- while Jeong allegedly leaked government secrets to Choi on Park’s orders.

Choi and An have been called upon by the parliament multiple times to appear at its hearing for the scandal, but they have repeatedly snubbed the request.

The court outlined the five main grounds for impeachment, on which both sides agreed. They are; disregard for people’s sovereign rights and rule of law, abusing presidential authorities, infringing upon freedom of press, violating duties to protect lives of people, and criminal activities including bribery.

The court in particular requested that Park would personally work to uncover the truth behind her “mysterious” seven-hour absence in the aftermath of 2014 ferry sinking which left 304 dead or missing.

The accusation that Park neglected her duty as a control tower during the disaster to save lives -- specifically pointed out in the law -- has been among the biggest hurdles she is facing in the scandal.

“Even though two years have passed, most Koreans can vividly remember what they did that day considering the special circumstances... I ask (Park) to state where she was in Cheong Wa Dae, exactly what she did, what reports she received and what orders she gave,” Justice Lee Jin-sung told Park’s legal proxies.

The next preliminary proceeding is scheduled for Dec.27.

Another engine revving to thrust Park out of office is the bribery and favoritism suspicion given to Choi and her family, which the special investigative team led by the Independent Counsel was working on Dec.22.

Special counsel Park’s team as of Dec.22 were investigating the National Pension Agency, on relation to cash-for-favors allegations surrounding Choi’s family and Samsung Group. The team has already questioned several of Samsung’s high-ranking officials.

There has been suspicions that the NPS supported the merger of Samsung C&T with Cheil Industries Inc. -- companies which the NPS holds shares of -- under pressure from the president.

Samsung is believed to be the biggest benefactors to the Choi family, which includes financial support for Choi’s daughter Chung Yoo-ra, a professional dressage rider.

Lee Kyu-cheol, a spokesperson for the special counsel team, said during briefing on Dec.22 that his team is working to forcibly bring Chung back from Germany, where she is believed to be residing.

The team plans to request cooperation to the German law enforcement to cooperate in apprehending Chung.

He said Chung has been put on the wanted list as of Dec.21, and said any acts of helping her escape justice or destroy evidence will be punished by law.

The investigative team requested the Ministry of Foreign Affairs to nullify Chung’s passport, and the ministry said it plans to order Chung to turn in her passport.

If she does not comply within the designated period, the passport will be nullified, ministry officials said.

By Yoon Min-sik/The Korea Herald (minsikyoon@heraldcorp.com)