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Time for speedy rulings on election law crimes

Published: 19 Nov. 2024, 20:17

A speedy trial is a civilian right defined in the Constitution and a duty of the judiciary. A timely trial on a case of violating the Public Official Election Act is pertinent to the foundation of democracy. Our democracy could be at stake if an elected office won through an illegal means can be kept due to delays in the trial process. That’s why our lawmakers unanimously passed a bipartisan revision to the Election Act to enforce a “prompt” trial when it comes to cases involving election crimes.

The law stipulates that the first sentencing must be made “without fail” within six months after an indictment and that the second and final verdicts should be delivered within the following six months — three months for each ruling from a high court and the Supreme Court. Under the law, Democratic Party (DP) leader Lee Jae-myung should have received the final Supreme Court ruling in the case of his alleged violation of the Election Act. But the first ruling — a one-year prison term with a suspension for two years — was delivered only last Friday, 20 months past the required legal deadline as he had been indicted in September 2022.

The specified trial period provision on election crimes in the Election Act is not something to be taken lightly. It strictly dictates that trials “shall proceed promptly” and “without fail” within the stated period. The provision was included in February 2000 under the Kim Dae-jung administration, motioned by then-floor leader of the ruling party Park Sang-cheon. Late president Roh Moo-hyun also backed the motion. The DP, which upholds the legacy of former presidents Kim Dae-jung and Roh Moo-hyun, should naturally respect the “prompt trial” provision in the law.

Other criminal cases don’t contain the “prompt” trial rule. Still, it doesn’t mean the legal process can be stretched. Lee, facing four trials, expects the first ruling on his alleged subornation of perjury to be delivered on Nov. 25. Legally and politically, Lee is facing a crucial point that can determine his eligibility to run for next presidency. The courts, including the Supreme Court, must hasten the process to eliminate political confusion and uncertainties involving a promising presidential candidate.

Supreme Court Chief Justice Cho Hee-dae promised speedy trials during his inauguration speech in last December. Cho vowed to address the critical delays in the trial process and work to find a timely resolution to address the problem. The Office of Court Administration in September issued a public notification to judges urging them to keep to the “prompt” trial provision in election crime cases. The court must uphold laws if it expects the people to do the same.