Lee Jae-myung, Facing Second Trial Verdict, Files Another Constitutional Review Request on Election Law
Second Request Following Last Month's Submission on the 4th
The Court Has Not Yet Referred the Case for Constitutional Review
Lee Jae-myung, leader of the Democratic Party of Korea, who is facing a second trial verdict on the Public Official Election Act case on the 26th, has reportedly submitted another request for a constitutional review to the Criminal Division 6-2 of the Seoul High Court.
Earlier, on the 4th of last month, Lee’s side submitted a request for a constitutional review regarding Article 250, Paragraph 1 of the Public Official Election Act, which the prosecution applied to Lee. The provision states that "anyone who spreads false information for the purpose of election victory shall be punished by imprisonment of up to three years or a fine of up to 30 million won." At that time, Lee argued that the provision was "excessively vague and broad, infringing on freedom of expression," which was the reason for the constitutional review request.
However, the court has not yet referred the matter to the Constitutional Court. Therefore, the general expectation was that the verdict for the second trial would be delivered on the 26th along with the outcome. But Lee’s side reportedly submitted another request for a constitutional review on the same provision on the 11th. The specific reasons for this latest request have not been disclosed.
A constitutional review request is a system where, if the constitutionality of a law applied to the defendant is a premise of the trial, the party involved or court staff can ask the Constitutional Court about its constitutionality. When the Constitutional Court review process is underway due to such a request, the trial is suspended until the result is announced. Because of this, there have been criticisms in political and legal circles that Lee is attempting to delay the trial until the final stages of the second trial. Lee was found guilty in the first trial last November and was sentenced to one year in prison with a two-year probation. If this sentence is finalized, Lee will be unable to run in the presidential election. Conversely, the longer the verdict is delayed, the more the impact on Lee’s presidential candidacy is weakened.
The controversial Article 250, Paragraph 1 of the Public Official Election Act was previously upheld unanimously by the Constitutional Court in 2021. Although many of the justices have changed since then, it is rare for the Constitutional Court’s decisions to be overturned within a few years. Therefore, Lee’s repeated requests for constitutional review are being seen as a silent pressure tactic on the court.
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Lee Geon-dae, legal spokesperson for the Democratic Party, said, "The ruling party is making distorted claims that this is a ‘trial delay tactic,’" and added, "This is a legitimate exercise of the right to defense."
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