The liberal Democratic Party of Korea on Tuesday accused the Supreme Court under Chief Justice Jo Hee-de of interference in the upcoming June 3 presidential election, after it convicted the party's presidential nominee Rep. Lee Jae-myung of spreading false information in two instances during his 2022 presidential campaign, Thursday.
Five-term lawmaker Rep. Yun Ho-jung, a senior campaign official for Lee, on Tuesday accused the Supreme Court under the chief justice of "taking the path of a judicial coup d’etat” by overturning the lower court's acquittal and effectively delivering a guilty verdict against the presidential front-runner.
He criticized the Supreme Court’s unprecedentedly fast handling of the case, arguing it violated the principles of due process, judicial self-restraint, political neutrality and the spirit of the Constitution in protecting the people's democratic right to vote.
Yun also called on the Seoul High Court, now tasked with retrying the case, to suspend all proceedings involving presidential candidates until after the June 3 election. He urged the court to make that decision before the official campaign period begins next Monday, in an apparent attempt to delay Lee’s scheduled May 15 hearing.
On Thursday, the Supreme Court found in a majority 10-2 ruling that Lee was guilty of making two false statements when addressing controversies in 2021 as a presidential candidate.
Lee currently faces five trials on various allegations.
Thursday's verdict overturned the Seoul High Court's decision in March that acquitted Lee of any election law violations. But the verdict did not clarify a criminal penalty, putting Lee's sentencing in the hands of the lower court.
If Lee's conviction is grave enough — a 1 million won ($717) fine — making him ineligible to run for office for 10 years, Lee will have up to seven days to appeal to the top court again over the gravity of his penalty, and 20 additional days to present a document that states a reason for the appeal, a prerequisite for the final ruling at the Supreme Court to be delivered, according to the Criminal Procedure Act.
Rep. Jung Chung-rae of the Democratic Party warned Tuesday that failure by Supreme Court Chief Justice Jo Hee-de to address the party’s accusations could lead to the impeachment of all 10 justices who supported the overturning of Lee Jae-myung’s acquittal. In a Facebook post, Jung accused the justices of “plotting a coup d’etat and instigating a judicial riot.”
Holding 170 of the 300 National Assembly seats, the Democratic Party has enough legislative power -- 151 votes -- to pass impeachment motions against public officials other than the president, which would result in their suspension from duty until a Constitutional Court trial rules on whether to remove them.
Jung said he would decide by Wednesday whether to push for a parliamentary hearing into what he called Chief Justice Jo’s “interference” in the June 3 presidential election. He also suggested that the party establish a special tribunal to prosecute all those involved in insurrection and coup attempts, including the justices who participated in the current "judicial coup."
Choi Soung-ah, spokesperson for foreign press at Lee's campaign, described the expedited court proceedings -- delivered about a month after the appellate court ruling and a week after its decision to undergo a full-bench deliberation -- as exceptional circumstances.
"The timeline and handling of the Supreme Court’s decision in the case continue to raise legitimate concerns, ones rooted in Korean legal standards and precedent, not partisanship," Choi said in a statement Tuesday.
Rep. Shin Dong-uk, senior spokesperson for the conservative People Power Party, argued Tuesday that what the rival main party was doing was no different from a "judicial branch hostage situation," adding its impeachment threat "denies the independence of the judiciary" and "disrupts the Constitutional order."
Lee and his campaign team appear to be attempting to delay the finalization of his conviction, potentially buying time ahead of the June 3 election.
The Seoul High Court announced Friday that Lee's criminal trial on the election law violations will start on May 15. The lower court will determine Lee's penalty and, under the Court Organization Act, is unlikely to overturn the upper court's decision unless new evidence is presented.
Lee may choose not to attend his first trial hearing on May 15, as a resumed trial under the Public Official Election Act does not require Lee's presence in the courtroom after the first one. The entire procedure before the Seoul High Court's verdict is expected to take more than a month.
During a visit to North Chungcheong Province Tuesday, Lee likened himself to historical figures who fell prey to political persecutions via Korea's judiciary, such as Cho Bong-am, socialist activist-turned-politician and architect of South Korea's land reform, whose death sentence under Syngman Rhee's administration was posthumously overturned in 2011; and late former President Kim Dae-jung, who was sentenced to death in 1980 during the Chun Doo-hwan regime's military coup and repression, and had been in exile until his return to politics after South Korea's democratization, eventually running for president and winning the Nobel Peace Prize.
"This time, we must survive and build a new country," Lee said. "Sometimes, evil forces' nefarious actions end up being successful, but we will never be defeated."
consnow@heraldcorp.com
