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    Korea
     Oct 27, 2007
US caught in South Korean scandal
By Donald Kirk

SEOUL - The United States faces a Faustian decision that may influence the outcome of Korea's presidential election in December and shape the immediate future of US-Korean relations.

Much though US leaders would like to avoid the whole nasty topic, they've got to decide soon when or whether to extradite to Korea a runaway financier whose sorry story of a scandal is linked to the conservative presidential candidate Lee Myung-bak. Lee's people, however, say he's got nothing to do with the whole



thing and they're not worried about it.

The principle figure in the case is Kim Kyung-jun, a Korean-American who partnered with Lee in a financial firm named BBK in Seoul before fleeing to Los Angeles five years ago leaving a trail of aggrieved investors in his wake.

While Lee remains far and away the front runner in all the polls, members of the United New Democratic Party (UNDP) sense a chance to pull ahead in the final weeks if only Kim could be forced to return to South Korea and face investigators in civil and possibly criminal cases. That inquiry, they say, will inevitably draw Lee, whose financial dealings have long been a topic of rumor and debate, from his pedestal while the UNDP candidate, Chung Dong-young, campaigns on a populist platform of peace and "social justice".

US courts have played right into the hands of Chung's people who are pledging to pursue the policy of reconciliation with North Korea as confirmed by the inter-Korean summit this month between South Korea's President Roh Moo-hyun and North Korea's leader Kim Jong-il, by refusing to order a delay in his extradition. If Kim's lawyers fail to win a postponement and no one can dream up a convincing excuse for putting off his return, he's likely to alight from a plane, handcuffed between a couple of Korean investigators, in the full glare of the Korean media by the end of November.

While "Sunshine" may not have all that much appeal among voters fearful of giving away too much to North Korea, the whiff of another scandal surrounding Lee Myung-bak might well confirm a widespread impression that he's cleverly enriched himself for years through shrewd and sometimes shady financial dealings.

The scandal will probably blow away, like so many others here, if Kim just stays in jail in Los Angeles until after the vote on December 19, but Lee's foes see the spectacle of prosecutors dragging Lee in for questioning before then as a public humiliation that might be extremely difficult to play down.

The final decision on the timing of Kim's return may be up to the State Department - obviously with full coordination of the White House.

Desk officers and spokespeople at the US State Department appear to be under instructions to stay as far away from the whole mess as they possibly can. So far they've been quoted as coming out with such diplomatic remarks as, "We're aware of the matter," "We're studying it," "We'll look into it," and finally, "We don't know of any decision at this stage."

Presumably, the edict that puts Kim on the plane would be signed by Secretary of State Condoleezza Rice, but she's certainly not talking about it. "She hasn't had time to read the documents," one State Department "source" was quoted in Seoul as saying.

The US decision, though, will not rest on whatever Rice thinks of the documents so much as on an evaluation of whose side the US really favors in the election. If the State Department says, fine, we support law and order and our extradition treaty with Korea, and we'll send him back after the New Year, Chung Dong-young and his people are going to view that decision as clear support for the conservative Lee.

They will, then, make that claim the basis of an attack on the US for not fully supporting the "Sunshine" policy of reconciliation with the North and probably not really wanting to consider a peace treaty, that is, a formal end to the Korean War.

The issue of the treaty is already fraught with sensitivities - the Koreans saying, let's declare peace right now, before the next round of six-party talks on North Korea's nuclear program, while the US, through its ambassador to South Korea, Alexander Vershbow, has been saying all that will have to wait until North Korea really and truly abandons its nuclear program.

If Rice signs off on Kim's plane ride back to Seoul before the election, however, conservatives, members of the powerful Grand National Party, are going to say the United States is betraying an ally, selling out to the peace people and probably selling out to North Korea too.

And if Lee survives investigation under those circumstances and wins the election, relations between a new conservative government in Seoul and a once hardline conservative one in Washington would be clearly strained, at least until a kiss-and-make-up Lee summit with President George W Bush.

But just how culpable is Lee, anyway? The scandal goes back a long way. A transcript of a hearing in 2001 before Korea's powerful Financial Supervisory Service (FSS)has Kim saying that he owned all shares of BBK on March 10 of that year and Lee "was not involved in BBK in any capacity". The top FSS official, however, seemed to have responded somewhat cryptically when the question arose as to whether Lee was also involved in BBK's transgressions.

"None that he knew," Kim was quoted as saying as he searched for the best way to characterize the FSS before he took it on the lam to sanctuary in the US on a forged passport. So what's going on, anyway?

Formally, Kim is under investigation for allegedly embezzling nearly 40 billion won (US$45 million) from BBK, which he founded and served as president, while manipulating stock prices and claiming that one of his companies was about to get a huge infusion of foreign funds.

The really damning stuff, though, is that Lee's brother and brother-in-law were owners of a motor vehicle parts company that invested more than $20 million in BBK, and the Korean media are saying that Kim has said that Lee himself was the real owner of BBK.

The link, as Lee's foes have been saying, was another outfit, named the MAF Fund, of which Lee was chairman. A member of the National Assembly, Suh Hae-suk, came up with a brochure showing photos of Lee and Kim, listing Kim as president of MAF, which was purportedly really run by BBK. Another mysterious company is there too - Lee and Kim's LkeBank, said to have been the majority stakeholder in the MAF fund.

Oh yes, for good measure, Kim and a sister are also said to have stashed more than $30 million into Swiss bank accounts. Another National Assembly member, Choi Sung, also of the UNDP, said US prosecutors had been frustrated by a court decision, but a South Korean official in Washington was quoted as saying the US still wanted to confiscate Kim's assets on behalf of cheated investors.

GNP aides scoff at the pile-up of names, initials and links as all a contrivance of politicos eager to seize on any excuse to go after Lee. Until the scandal started making headlines in the past few days, they were more concerned about Lee's failed attempt to get a meeting with Bush at the White House. The approach to the White House was to have been informal, a casual unscripted encounter while Lee was ostensibly there to see someone else in the White House.

The Lee people, though, failed to grasp the subtlety of such a show and let the press know that their man would be seeing Bush. That was enough, according to reports in Seoul, for Roh's people to complain about such a show of favoritism - and for the White House to drop the plan as if it had never existed.

Lee's aides may have learned a lesson about politics in Washington. Now the question is whether they know enough to figure out how to persuade the State Department to waffle long enough so Kim doesn't get back until well after the election.

The Kim scandal comes with one final little wrinkle. Kim could have delayed his return himself but opted instead to drop his appeal, giving the court the option of either rejecting the South Korean demand for extradition or setting the date to fall just before the election.

Why?

"It is not difficult to guess why," said Dong-AIlbo, a leading newspaper. "He would have had to return to Korea sooner or later under a bilateral treaty and would lose his leverage in negotiations if he returned after the presidential elections.

Presumably, after the election, whoever wins, the victor will see Kim as dead meat, left to the tender mercies of the judicial system, forgotten and unmourned.

Journalist Donald Kirk has been covering Korea - and the confrontation of forces in Northeast Asia - for more than 30 years.
(Copyright 2007 Asia Times Online Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)


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