The main opposition Democratic Party of Korea leader Lee Jae-myung said Wednesday that the ongoing trial on his election law violation charge would be conducted without delay, addressing the suspicion that his recent complaint over a lower-court ruling last year was a bid to delay the legal proceedings.
"The trial will be concluded swiftly without any delay," Lee told reporters as he entered the Seoul High Court for a hearing of an appellate trial concerning his accused violation of the Public Officials Election Act.
The court also made it clear on Wednesday that the witness questioning will be concluded by Feb. 19, with another separate hearing on Feb. 26.
If it proceeds as scheduled, the verdict for Lee could be made as early as in March.
This schedule would still put it beyond the legal limits for appeals trials on election law violations. These require a decision within three months of the initial verdict, which was made on Nov. 15.
Lee recently made a request for a constitutional review on the election law clause used for his guilty verdict, which was seen as an attempt to further delay the verdict. His lawyers claimed that the prosecution is to be responsible for any delays for the trial, saying that the prosecutors' supposedly "expansive" request of evidence and witnesses is to blame.
Lee in November was sentenced to a one-year prison term, suspended for two years, for making false statements during his campaign for the 2022 presidential election. If confirmed, this would make him ineligible to run for a public office, due to Article 19 of the Public Official Election Act that bans anyone sentenced to at least 1 million won ($690) in fines from running.
On Tuesday, he requested the appellate court to second his request for a constitutional review of the election law provisions that ban candidates from publishing falsehood to win an election, saying this article infringes upon the freedom of expression. This sparked suspicion that Lee -- a front-runner in the polls for the next presidential race -- is trying to delay the legal proceedings to avoid losing his candidacy for the next election, which potentially could be held this year.
Incumbent South Korean President Yoon Suk Yeol's term is until 2027, but he is currently under impeachment trial and criminal investigation for insurrection and power abuse, concerning his Dec. 3 declaration of martial law and related allegedly-illegal orders. The Constitutional Court must reach a conclusion within 180 days of registering the case, which means a snap election for presidency will be held if Yoon's impeachment is confirmed.
The Seoul High Court is currently reviewing whether to accept the request made by Lee to second his request for a constitutional review. In such case, the trial will be suspended until the court concludes the constitutional review.
The election law article banning candidates from making false statements has been challenged in the past. It was unanimously deemed constitutional in 2021, with the court saying, "If a candidate is allowed to make false statements about one's actions, the voter cannot have accurate materials to make the right decision (in the election)."
Lee did not answer the question about what he thought of this legal precedent.
minsikyoon@heraldcorp.com
