[AK Radio] Countdown Begins for Lee Jae-myung's Appeal Trial Verdict

The First Appellate Trial Begins at 3 p.m. Today
Impeachment Trial vs. Lee Jae-myung Verdict: A Fierce Race Against Time

The first appellate trial for Lee Jae-myung, leader of the Democratic Party of Korea, regarding the violation of the Public Official Election Act, will begin today at 3 p.m. This is about two months after the first trial verdict on November 15 last year. Lee Jae-myung was indicted for stating in a broadcast interview during his 2021 Democratic Party presidential candidacy that he "did not know" Kim Moon-gi, former head of the first division of Seongnam Urban Development Corporation, while serving as mayor of Seongnam. He is also accused of publicly disseminating false information suggesting that the Ministry of Land, Infrastructure and Transport pressured him regarding preferential treatment in changing the use of the Baekhyeon-dong Korea Food Research Institute site.

The first trial court judged that Lee denied playing golf with former head Kim during an overseas business trip with the intention of winning the election. The court found that he denied it despite knowing the truth. Accordingly, the court sentenced him to one year in prison with a two-year probation. This is a severe sentence that includes loss of his parliamentary seat and a 10-year restriction on eligibility to run for office.

Democratic Party leader Lee Jae-myung is holding a press conference at the National Assembly in Yeouido, Seoul, on the morning of the 23rd. He is scheduled to attend the appellate trial in the afternoon. Photo by Yonhap News

Lee’s side argued, "Kim was a subordinate employee, so at the time we did not know, and only after becoming governor of Gyeonggi Province and being indicted in the Daejang-dong case did we become aware." They also claimed that the criteria for 'knowing' or 'not knowing' are objectively ambiguous, and that simply playing golf together cannot be considered as 'knowing.' However, the first trial court did not accept these arguments.

The court will not assign other cases to the trial panel until March 12

Lee’s legal team recently submitted numerous evidence requests to the appellate court, including seven witness applications, one evidence submission, and four requests for document delivery. They are also considering submitting a constitutional review petition regarding Article 250, Paragraph 1 of the Public Official Election Act to the Criminal Division 6-2 of the Seoul High Court. This provision states, "If false facts about birth, family relations, occupation, career, etc., are publicly announced by speech, broadcasting, newspapers, or other methods for the purpose of winning an election, the offender shall be punished by imprisonment for up to five years or a fine of up to 30 million won."

If Lee’s side files the constitutional review petition and the court accepts it, the appellate trial will be suspended until the Constitutional Court issues a decision. However, in March 2021, the Constitutional Court unanimously ruled the similar provision constitutional.

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The People Power Party criticized Lee Jae-myung for delaying the process by not reporting his address change, which delayed the receipt of lawsuit record delivery notices. Joo Jin-woo, legal advisory committee member of the People Power Party, pointed out, "Because of this, about a month was wasted." In fact, the lawsuit record notices sent by the court were returned twice due to unknown moving and absence at the door, and were eventually specially delivered to Lee’s office in the National Assembly building in Yeouido, Seoul.

The Seoul High Court decided not to assign other cases to Criminal Division 6-2 until March 12, judging that concentrated trial of this case is necessary. This is interpreted as a measure considering the '6-3-3 principle' suggested by the Chief Justice of the Supreme Court (6 months for first trial, 3 months for appeal, 3 months for final trial).

Democratic Party: "Sufficient trial needed" vs. People Power Party: "Ruling by February 15 required"

Pro-Lee lawmakers in the Democratic Party argue that "there is no trial that ends within three months without guaranteeing the right to defense," and claim that sufficient trial time is necessary. On the other hand, the People Power Party urged the appellate trial to conclude by February 15 and the final trial by May 15. Assemblyman Ahn Cheol-soo criticized, "Lee should apologize to the public for mocking the rule of law and sincerely participate in the trial going forward."

Lee Jae-myung, leader of the Democratic Party of Korea, is attending the 64th trial on the Daejang-dong breach of trust and Seongnam FC bribery allegations held at the Seoul Central District Court in Seocho-gu, Seoul on the 17th. Photo by Jo Yong-jun

In the legal community, considering the situation intertwined with the Constitutional Court’s presidential impeachment trial, opinions suggest that to minimize unnecessary confusion, it is desirable to conclude Lee’s trial before the impeachment decision. Professor Cha Jin-ah of Korea University Law School emphasized in a media interview, "If a candidate who has received a sentence invalidating election and whose sentence is likely to be confirmed runs for president without concluding that status, severe political confusion is inevitable," adding, "Whether guilty or not, it is better to reach a conclusion on Lee’s election law case before the impeachment trial decision."

This content was produced with the assistance of AI translation services.