Seoul mayor acquitted on appeal in political funds case

Seoul Mayor Oh Se-hoon on Friday was acquitted by an appellate court of charges that he violated the Political Funds Act ahead of the 2021 Seoul mayoral by-election, overturning a lower court's guilty verdict.

The appellate ruling cancels Oh's conviction by the lower court, which had imposed a 10 million won ($7,500) fine that could have cost him his mayoral post if finalized.

The Seoul High Court found insufficient evidence to establish that Oh had asked self-proclaimed political broker Myung Tae-kyun to conduct opinion polls and arranged for his longtime supporter, Kim Han-jung, to cover the costs, overturning the lower court's findings.

“A criminal conviction must be based on rigorous evidence establishing guilt beyond a reasonable doubt,“ the presiding judge said. “If the prosecution fails to meet that standard, the court must rule in favor of the defendant, even if parts of the defendant’s testimony appear questionable or raise suspicions,”

Oh expressed gratitude to his supporters as he exited the courthouse after the verdict.

"We went through an election while this trial was underway, and I am grateful to those who believed in my innocence and voted to give me another opportunity to serve Seoul," Oh said, becoming visibly emotional while thanking his supporters.

He also apologized to the public for causing concern.

"I am deeply sorry for having to undergo prosecutorial investigations and court hearings when I should have been devoting myself fully and carefully to my duties as a public official."

The Seoul Metropolitan Government also issued a statement, saying it would continue pursuing Oh's key policy initiatives, including efforts to improve residents' quality of life, combat loneliness, support vulnerable groups and provide assistance to young people.

The special counsel team said it would appeal the acquittal to the Supreme Court.

However, legal observers say the ruling is relatively unlikely to be overturned by the Supreme Court, as the appellate court is the final instance to review factual findings, while the top court primarily examines questions of law.

Unless the acquittal is overturned, Oh will no longer face the prospect of losing his mayoral post over the charges.

The People Power Party, of which Oh is a member, welcomed the ruling.

"It is both fortunate and only right that the administration of Mayor Oh Se-hoon, entrusted to him by Seoul's 10 million residents through their votes, can continue without disruption," People Power Party chief spokesperson Park Chung-kwon said in a statement, describing the appellate ruling as "justice prevailing in the end."

Meanwhile, the Democratic Party of Korea expressed regret over the acquittal, calling it "a ruling that defies common sense."

Oh was indicted last December on charges of receiving the results of 10 opinion polls from Myung ahead of the April 2021 by-election. He was accused of having Kim pay 33 million won for the results through Kang Cheol-won, who was Oh's chief of staff at the time and later served as Seoul vice mayor.

The Seoul Central District Court found Oh guilty of commissioning five opinion polls through Myung and arranging for Kim to cover the cost. In reaching its verdict, the court relied on Myung's testimony, which it found credible only in parts.

It sentenced Oh in July to a 10 million won fine, and ordered him to forfeit 21 million won.

The court also cited circumstantial evidence that Oh had contacted Myung about election strategy, that the poll results were delivered to Oh's camp and that his then-chief of staff, Kang Cheol-won, had been involved in reviewing the surveys. It also noted that Kim had paid substantial sums around the time the polls were conducted, despite having no close personal ties to Myung.

The Seoul High Court, however, found it difficult to credit selected portions of Myung's testimony without substantial corroborating evidence, given that much of his remaining testimony was deemed inconsistent or exaggerated.

The court cited several reasons for questioning Myung's credibility, including his failure to clearly distinguish between facts he had personally witnessed and speculation or exaggeration. It also noted that Myung tended to offer only vague explanations or claim not to remember when questioned about matters unfavorable to him, while reinterpreting his previous statements in ways that supported his position.

The court further pointed out that many parts of Myung's testimony contradicted objective evidence or accounts given by other people involved in the case.

The judges also questioned the timing of Myung's allegations against Oh.

Myung had not raised allegations concerning Oh during the initial investigation into political funding violations involving former lawmaker Kim Young-sun and others, the court noted. He began making detailed allegations about Oh's involvement in illegal political funding around December 2024, after Oh publicly announced plans to sue him.

Around that time, Myung also made what the court described as threatening public remarks, suggesting that people should "watch how I implicate Oh Se-hoon."

The court also noted that Myung's relationship with Oh's camp appeared to have deteriorated after February 2021 and that Myung seemed to harbor resentment over what he perceived as a lack of recognition for his contributions following Oh's election victory.