Lee acquitted in appellate trial, but that does not mean he is free of all legal risks

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Lee acquitted in appellate trial, but that does not mean he is free of all legal risks

Published: 27 Mar. 2025, 00:00

Audio report: written by reporters, read by AI

Supporters of Democratic Party leader Rep. Lee Jae-myung celebrate outside the Seoul High Court in Seocho District, southern Seoul, on March 26, after the court acquitted him on all counts of lying during his last presidential campaign. [NEWS1]

Lee Jae-myung, leader of the Democratic Party (DP), was acquitted in the appellate trial of his violation of the Public Official Election Act case Wednesday, avoiding the immediate risk of losing his eligibility to run for office. In November last year, the lower court sentenced him to one year in prison, suspended for two years, for spreading false information regarding allegations related to the Daejang-dong and Baekhyeon-dong development projects during the last presidential election. If this ruling had been upheld by the Supreme Court, Lee would have lost his parliamentary seat and been barred from running in a potential snap presidential election should President Yoon Suk Yeol be impeached and removed from office.

However, the Seoul High Court’s Criminal Division 6-2 reached a different conclusion. The court ruled that Lee’s comments regarding Kim Moon-gi, the late director of Seongnam Development Corporation, did not constitute false statements punishable under the election law. In the first trial, Lee’s claim that he had not played golf with Kim was deemed false, while his assertion that he did not know Kim when Lee was the mayor of Seongnam was ruled not guilty. In contrast, the appellate court found that even his statement about not having played golf with Kim could not be interpreted as a falsehood. Regarding Lee’s claim that the rezoning of the Baekhyeon-dong site was due to “threats from the Ministry of Land, Infrastructure, and Transport under the Park Geun-hye administration,” the court ruled that this statement constituted an opinion rather than a fact and was therefore not subject to punishment.

Some have expressed bewilderment over the appellate court’s ruling, which starkly contradicts the lower court judgment. Given the risk of undermining democratic decision-making if voters are misled by false information, courts must scrutinize candidates’ statements rigorously. Concerns are now being raised that this ruling could set a precedent for more lenient treatment of false statements by election candidates. The Supreme Court must expedite its final ruling to prevent further confusion.

Following the verdict, Lee stated that the ruling was “justice prevailing” and remarked, “If the prosecution and the administration had spent their efforts on improving the lives of the people instead of fabricating evidence and cases, it would have been better.” However, this acquittal does not exonerate him from all legal risks. Lee still faces trials over four other cases, including allegations of preferential treatment in the Daejang-dong, Baekhyeon-dong, and Wirye New Town development projects, illicit corporate sponsorship of Seongnam FC, unlawful remittances to North Korea through Ssangbangwool Group, and subornation of perjury. He has employed various delay tactics, including refusing to receive court documents, failing to appear for hearings, requesting changes to trial dates and filing constitutional petitions. Even the election law case took 909 days from indictment to the appellate ruling. It is high time for Lee to abandon such stalling tactics and face trial with integrity.

With Lee’s legal jeopardy still looming, he and the DP are likely to ramp up pressure on the Constitutional Court as it deliberates President Yoon’s impeachment case, possibly seeking to pave the way for an early presidential election. Meanwhile, the country faces mounting crises, including devastating wildfires causing loss of life, an economic downturn and escalating trade pressures. Instead of engaging in political maneuvers, Lee should focus on addressing the pressing needs of the people. He must also cease attempts to pressure the government, such as by demanding the appointment of Moon Eun-hyuk as a Constitutional Court justice and hinting at a second impeachment attempt against acting President Han Duck-soo.

Translated using generative AI and edited by Korea JoongAng Daily staff.