Prosecution Caught in Political Dispute?

With the failure to apprehend former Millennium Democratic Party (MDP) chairman Hahn Hwa-gap and the dismissal of the motion to issue a warrant for Grand National Party (GNP) lawmaker Park Sang-kyu, the prosecution investigation has now become entangled in a political dispute.

The prosecution is keeping its hard stance of applying laws on investigating politicians on their corruption and presidential election funds, but people have raised doubts about whether it will keep its original resolution as controversies of “biased investigations” and “targeted investigations” begin to be issued.

Because 50 million among 15 million in slush funds that Ahn Hee-jung, one of President Roh’s ex-aides, received from Daewoo Engineering & Construction turned out to be campaign funds, people are paying more attention to whether the investigation into the campaign funds of MDP is starting with a full wing.

- Doubts on the impartiality of prosecution

The prosecution that arrested 13 lawmakers last January when the National Assembly was closed is now in a corner because politicians are questioning the impartiality of the prosecution.

The prosecution has clashed more with the politicians as the political arena is in a tumult of attacks and defenses of each other with the general election just two months away. On January 30, the prosecution issued a warrant to Hahn charging him with receiving about 1 billion won from SK and Hitech housing in the party’s 2002 presidential nomination race. However, members of MDP are strongly resisting the charges.

The MDP has filed a suit against the presidential race runners, President Roh and Uri Party leader Rep. Chung, but the prosecution has declared that it would not expand the investigation into the campaign funds of MDP as they provided more repulsion.

The repulsive attitude of MDP members does not wholly come from the issue of investigating campaign funds; it also comes from the impartiality factor that is related to other presidential runners as well. This puts the prosecution a difficult position because it is then hard to find plausible measures.

The case of refusing a warrant on lawmaker Park Sang-kyu has raised the issue of impartiality. This can provide fuel for complaints to politicians that the prosecution takes a harsh stand against GNP members but not against members of President Roh’s presidential camp.

-The Prospects of the Investigation

The prosecution has kept its stance of not expanding its investigation of campaign funds, saying that it hasn’t caught any clues for other presidential nomination runners except lawmaker Hahn.

However, the possibility of expanding the investigation has increased on the discovered fact that President Roh’s former aide Ahn received 50 million for campaign funds.

Being different from the other five candidates in the MDP presidential nomination race in April 2002, President Roh and Uri Party leader Rep. Chung ran together until the last phase of the race. President Roh, from time to time, created an atmosphere that he may have agreed to use illicit campaign funds.

One prosecutor in charge of this investigation said that “the prosecution has been hesitant in expanding the investigation of campaign funds because of the non-impeachment right of the residing president and the burden of expanding the investigation, but the possibility of expanding the investigation is increasing.”

The warrant issued by a Seoul court for prior arrest to lawmaker Hahn is in effect until February 1 at 12 p.m. After February 2, when the extra session of the National Assembly opens, the prosecution will have to reissue its warrant for lawmaker Hahn. The court then has to follow procedure by asking the National Assembly to pass the arresting bill through the Ministry of Justice.

However, even if the arresting bill for lawmaker Hahn is issued, it is not likely to be passed by the National Assembly.

Wi-Yong Jung Sang-Rok Lee viyonz@donga.com myzodan@donga.com