Trial Judge in Lee Jae-myung Resignation Case Makes Unusual Statement in Court... "Ruling Impossible Before General Election Anyway"

During the trial of Lee Jae-myung, leader of the Democratic Party of Korea, on charges of violating the Public Official Election Act, the presiding judge, who caused controversy by submitting his resignation while overseeing the case, unusually expressed his position regarding his resignation in court.

He explained that due to the large number of witnesses requested by both the prosecution and Lee, requiring a long time for examination, as well as schedule changes caused by Lee's National Assembly commitments and fasting, it was physically impossible to deliver a verdict before the general election. He also stated that according to the principle of 'two years of service as a presiding judge,' even if he had not resigned this time, he would have been replaced anyway.

Lee Jae-myung, leader of the Democratic Party of Korea, is entering the party leader's office at the National Assembly on the 18th. Photo by Hyunmin Kim kimhyun81@

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Kang Gyu-tae, Chief Judge of the Criminal Division 34 at the Seoul Central District Court, said at the hearing on the 19th regarding Lee's case, "Since my resignation issue has been reported in the media, I feel the need to explain," adding, "It is physically difficult to deliver a verdict before the general election."

It is highly unusual for a presiding judge to mention personal matters rather than the case details or trial direction in court.

Amid criticism and speculation that the trial's conclusion would be delayed due to his resignation during a politically sensitive period ahead of the general election, he appeared to have come forward to clarify the situation.

Chief Judge Kang stated, "In this case, the prosecution and the defendant each selected 51 witnesses and withdrew 2," adding, "Except for two schedule changes last September due to Lee's attendance at the National Assembly's government questioning and prolonged fasting, witness examinations have been conducted biweekly, and so far, 33 out of 49 witnesses have been examined."

He continued, "Approximately one-third of the witness examination procedures remain, and considering the investigation of undisputed documentary evidence, prosecution's sentencing recommendation, final arguments, and judgment drafting, it is possible to estimate the timing of the verdict," adding, "It is physically difficult to deliver a verdict in this case before the general election."

Chief Judge Kang also said, "Even if I had not resigned, after completing two years of criminal division trial duties, my work would have been changed in principle according to the regulations on judicial office assignments," adding, "This applies to associate judges as well." As Kang revealed, it is standard practice for presiding judges at the Seoul Central District Court to be replaced every two years. However, in some socially significant cases, exceptions have been made to allow presiding judges to serve for more than two years to maintain trial continuity.

Chief Judge Kang recently submitted his resignation to the court ahead of the regular judicial personnel reshuffle scheduled for early February. This sparked controversy, with some speculating that Kang felt burdened by presiding over the criminal trial of Lee, the opposition party leader, and stepped down without reaching a conclusion.

The case Kang is presiding over involves Lee's statements during an interview as a presidential candidate in 2021, where he claimed not to have known the late Kim Moon-gi, the former head of Development Division 1 at Seongnam Urban Development Corporation and a key figure in the Daejang-dong development project, during his tenure as mayor. It also involves allegations that Lee falsely stated during a National Assembly audit of Gyeonggi Province that the Ministry of Land, Infrastructure and Transport pressured him regarding preferential land-use changes for the Baekhyeon-dong Korean Food Research Institute site while he was governor of Gyeonggi Province.

Evidence and circumstances supporting the possibility that Lee knew Kim during his mayoral tenure, such as the fact that Lee traveled with the late Kim, have already emerged. Additionally, testimonies from public officials denying any pressure from the Ministry of Land, Infrastructure and Transport on Gyeonggi Province have been presented, leading legal circles to anticipate a guilty verdict.

Therefore, it was speculated that Chief Judge Kang might have felt burdened considering the repercussions if Lee were sentenced to a fine exceeding 1 million won, which would result in loss of his parliamentary seat.

Concerns were also raised that if Chief Judge Kang resigned, the trial would be further delayed due to the need for the successor judge to undergo a trial renewal procedure to understand the case.

On the day, Chief Judge Kang said, "Since my resignation has been made public, I am deeply considering whether it is appropriate to proceed with the trial scheduled for the next hearing on the 2nd of next month," adding, "After today's trial, I will ask the prosecution and the defendant for their opinions."

Meanwhile, Lee appeared in court for the first time since the assault incident. While he waved to supporters waiting for him, he did not respond to any questions from the press and entered the courtroom.

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