Growing likelihood of Supreme Court verdict on Lee ahead of June 3 vote
With South Korea’s Supreme Court expediting its review of alleged election law violations involving former Democratic Party leader Lee Jae-myung, speculation is mounting over whether the court will issue a verdict before the upcoming presidential election on June 3.
Lee, the liberal presidential frontrunner, was acquitted by the Seoul High Court in March, overturning a previous ruling by the Seoul Central District Court that had sentenced him to one year in prison. The Supreme Court now has three options: dismiss the acquittal, reverse it, or suspend proceedings — the latter of which legal experts say could become relevant if Lee wins the presidency and claims immunity.
Legal analysts had expected the top court to deliver a decision by late June, based on a clause in the Public Official Election Act requiring appeals in election-related cases to be adjudicated within three months of the earlier verdict, which came on March 26.
However, the timeline appears to be accelerating. The Supreme Court reviewed Lee’s case on Tuesday — the same day it was assigned to the justices — and held a second hearing on Thursday, just two days later. Such speed is highly unusual for cases referred to a full bench, which typically meets just once a month.
A former presiding judge of the Seoul High Court, who wished to remain anonymous, was quoted by local daily Hankyoreh as saying that Lee’s case is not complicated and a ruling could be made as early as May.
But a judge-turned-lawyer, who requested anonymity, offered a contrasting view, suggesting that Lee is unlikely to be affected by the ongoing legal case.
“Many cases that are appealed to the Supreme Court take more than three months to process, so it will be difficult to reach a decision before June 3,” the lawyer told The Korea Herald.
The timing of the verdict is critical. If the Supreme Court reverses the acquittal before the election, Lee could lose both his parliamentary seat and his eligibility to run for public office for a decade. Under Article 19 of the Public Official Election Act, anyone convicted of violating election laws who receives a fine exceeding 1 million won ($700) is barred from running for office for 10 years.
Lee was indicted for making false statements during an election by denying his personal ties with the late Kim Moon-ki, former head of Development Division 1 at Seongnam Development Corp., during a televised interview as the Democratic Party's presidential candidate in December 2021.
Kim was accused of involvement in a land corruption scandal in the city of Seongnam, Gyeonggi Province, when Lee was the city's mayor.
Lee’s case was initially assigned on Tuesday to a panel of four justices — a conventional way for the Supreme Court to manage cases it hears on appeal.
But Chief Justice Jo Hee-de decided to hear the case in a full court session after considering the high level of public interest and national concern.
A full-court review is one of two procedures by which the court exercises its jurisdiction, convening with at least two-thirds of the justices, with the chief justice presiding.
The Supreme Court's final verdicts are reached by majority vote.
sj_lee@heraldcorp.com
