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Prosecution Service flag flaps in the wind outside the Supreme Prosecutors’ Office in Seoul’s Seocho district. (by Kim Tae-hyeong

The investigation of former President Park Geun-hye is drawing new attention now that she has been stripped of immunity to prosecution with the Constitutional Court’s Mar. 10 decision removing her from the presidency.

While prosecutors have the option of detaining Park for investigation given the gravity of the crimes she is accused of, widespread sympathy for her and the political situation with the approaching election are factors that cannot be ignored.

The Prosecutors’ special investigation headquarters, headed by Seoul Central District Prosecutors’ Office head Lee Yeong-ryeol, appears likely to begin coordinating with Park’s team as early as the beginning of next week on a date for in-person questioning. Park dodged questioning several times, citing various grounds. On Feb. 9, she agreed to undergo closed-door questioning on the Blue House grounds by the investigative team of Special Prosecutor Park Young-soo, only to cancel the appointment over its prior reporting in the media. Park also refused in-person questioning by prosecutors last November.

But with Park losing her immunity to criminal prosecution with her ouster from the presidency, prosecutors now have the option of forcibly investigating her if she refused to comply with in-person questioning. Prosecutors have said they plan to make a decision on whether to arrest Park, after she is questioned.

In terms of sheer investigation logic, the prosecutors would be obligated to arrest Park. Not only do the bribery charges - the chief accusation against her - involve large amounts of money, but Samsung Electronics Vice Chairman Lee Jae-yong has already been arrested for offering the bribes, which is a comparatively lesser charge. Park’s past denials of the charges surrounding her also raise fears of evidence destruction.

“In light of the bribery amounts and other factors, it is necessary to arrest her for investigation,” said a source with the prosecutors.

“In terms of fairness, there is a risk that people could accuse us of preferential treatment for an ex-President if we don’t arrest Park for investigation,” the source added.

Calling an emergency meeting of officials shortly after the Constitutional Court’s impeachment ruling, Prosecutor General Kim Soo-nam declared that the prosecutors “must carry out their duties as prosecutors according to the law and principle.”

Kim also ordered “stern and fair handling of the various crimes.”

When asked in a Mar. 8 meeting with reporters whether Park would be arrested for investigation if the impeachment was upheld, a special investigation headquarters source said, “Nothing has been decided.”

But various factors stand to influence the decision on whether to arrest Park. First, prosecutors need to consider the political situation, with Park’s ouster necessitating a snap presidential election. For this reason, prosecutors could choose to postpone their in-person questioning of Park or an arrest warrant request until after voting. Pro-Park lawmakers and conservative groups have also raised the issue of “respectful treatment” of Park as a former president, and the new president-elect could choose to argue for Park’s indictment without detention as a gesture toward larger public unity.

While the prosecutors have said they do not plan to take the election into account in their investigation, they will likely be forced to consider the political situation surrounding Park’s particularly sensitive case.

By Seo Young-ji, staff reporter

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