Lee Jae-myung Requests Constitutional Review Submission to the Second Trial Court on Public Official Election Act
by Oh Jooyean
Published 04 Feb.2025 19:33(KST)
Updated 05 Feb.2025 07:25(KST)
Claiming Unconstitutionality of Article 250, Paragraph 1 of the Election Act
on Punishing False Statement Publication for Election Purposes
People Power Party: "Habitual Trial Delay Tactics"
Lee Jae-myung, leader of the Democratic Party of Korea, filed a request for a constitutional review of the Public Official Election Act with the second trial court on the 4th regarding charges of violating the Public Official Election Act.
On that day, Lee's side submitted a request for a constitutional review to the Seoul High Court Criminal Division 6-2 (Presiding Judges Choi Eun-jung, Lee Ye-seul, Jung Jae-oh), which is handling the case of violating the Public Official Election Act, arguing the unconstitutionality of Article 250, Paragraph 1 of the Public Official Election Act, which stipulates punishment for the crime of false statement publication for the purpose of election.
Article 250, Paragraph 1 of the Public Official Election Act states, "If a person publishes false facts regarding birthplace, family relations, occupation, career, etc., by speech, broadcasting, newspaper, or other methods for the purpose of being elected, they shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won."
Regarding the request for constitutional review filed at a National Assembly press conference on the 23rd of last month, Lee said, "It is known that South Korea is the only country in the world with a provision that punishes candidates for publishing false facts," adding, "Whether to file the request will be decided by the lawyers, and I will respect the outcome."
Lee's lawyers also stated at the first appellate trial hearing on the same day, "Times have changed a lot, and there are cases where something initially deemed constitutional is later found unconstitutional," and added, "We are reviewing whether maintaining the crime of false statement publication is appropriate and suitable for our election culture and order."
A request for constitutional review is a system where a court, when the constitutionality of a law is a premise of a trial, refers the matter to the Constitutional Court for review either on its own authority or upon a party's request.
If the court decides to refer the constitutional review, it sends the decision to the Constitutional Court, which then accepts it and proceeds with the review process. The trial in question is suspended until the Constitutional Court issues a decision.
The People Power Party criticized, "The court should immediately dismiss Lee’s public and habitual trial delay tactics, which are not worth considering."
Shin Dong-wook, senior spokesperson for the People Power Party, said in a statement, "Lee already filed a similar request for constitutional review in 2019 regarding the Public Official Election Act violation trial related to the 'forced hospitalization controversy involving his elder brother,'" adding, "The Constitutional Court has already unanimously ruled the relevant provision constitutional, and many candidates have been punished under the same provision over many years."
He continued, "While one side operates democratic police stations targeting ordinary citizens, claiming to eradicate 'fake news and false facts,' Lee’s side shamelessly argues in the second trial of the Public Official Election Act violation case that 'the crime of false statement publication is unconstitutional,' which is contradictory," criticizing Lee.
He concluded, "Having already received a 'disqualification sentence' of one year imprisonment with two years probation in the first trial, Lee should stop all trial delay tactics and sincerely participate in the second trial for violating the Public Official Election Act," strongly urging him to do so.
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