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Full bench review could prolong verdict in Lee Jae-myung election law case

Published: 22 Apr. 2025, 17:33 Updated: 22 Apr. 2025, 20:05

Lee Jae-myung, then-leader of the Democratic Party, greets his supporters after attending an appellate court hearing at the Seoul High Court in Seocho District in southern Seoul on March 26. He was acquitted in the second trial on charges of violating the Public Official Election Act. [NEWS1]

The final verdict in the election law case involving former Democratic Party (DP) leader Lee Jae-myung will be determined by the Supreme Court’s full bench, merely an hour after the case was assigned to a smaller panel bench.

On Tuesday morning, the Supreme Court initially sent the case to Justices Oh Kyeong-mi, Kwon Young-joon, Eom Sang-phil and Park Young-jae. But within an hour, the case was transferred to the en banc panel in a move initiated directly by Chief Justice Jo Hee-de. He convened the first hearing of the full bench that same afternoon.

“The case involving a violation of the Public Official Election Act by defendant Lee Jae-myung has been referred to the en banc panel,” the Supreme Court announced in a public notice on Tuesday.

The en banc bench consists of 13 of the 14 Supreme Court justices, including Chief Justice Jo and excluding the head of court administration, who does not participate in trials. While most cases are reviewed by one of three smaller benches, a full panel can be convened under specific circumstances.

Article 7 of the Court Organization Act allows a full bench review when an existing interpretation of the Constitution, laws or regulations is in question. Internal rules also allow it for cases of “significant public interest.” A similar process was followed in 2020, when the Supreme Court’s full bench reviewed a separate election law case involving Lee during his time as Gyeonggi governor.

With the case handed over to the full bench, Justice Rho Tae-ak recused himself. Rho, who concurrently serves as head of the National Election Commission, is stepping back due to potential conflict of interest — especially as the June 3 presidential election approaches and Lee remains a leading primary candidate. As a result, only 12 justices will participate in the deliberations.

The decision to escalate the case came swiftly. Just one day after Lee submitted a written response to the prosecution’s appeal, Chief Justice Jo reassigned the case from the second bench to the full panel. When announcing the reassignment, the court cited an article of its internal rules, which allows the chief justice to schedule en banc hearings after consulting with other justices.

Chief Justice Jo Hee-de speaks at the Supreme Court’s main courtroom in Seocho District, southern Seoul, ahead of a ruling by the full bench on the afternoon of April 19. [YONHAP]

Although other justices can request such hearings, the court emphasized that this decision was made by the chief justice alone.

“It was not proposed by other justices, including the presiding justice,” a court official said. “Only the chief justice has the authority to refer a case to the en banc panel.”

While the hearing of the full bench took place immediately, there are concerns the verdict for the appeal court trial could now be delayed. En banc trials generally take longer than those handled by smaller benches. Whether the court can issue a ruling before the June 3 election remains unclear — a key issue given Article 6-3-3 of the election law, which requires that election-related trials conclude within specific time limits.

If a verdict is not reached before the election and Lee is elected president, the case could be put on hold under Article 84 of the Constitution, which grants sitting presidents immunity from criminal prosecution. Legal scholars remain divided on whether ongoing trials are also suspended. Lee has asserted that “the majority opinion is that they are,” in an interview with MBC last February.

Though many legal experts agree that “full bench cases typically take longer,” others believe the pace of the trial “depends on Chief Justice Jo’s determination.”

“The fact that the chief justice immediately transferred the case to a bench he himself is involved in suggests he is committed to a swift ruling,” said a lawyer who previously served as a Supreme Court judicial researcher.

“Referring a case to the en banc panel doesn’t necessarily mean the trial will be prolonged,” a Supreme Court spokesperson added.

The case stems from allegations that Lee spread false information during his 2021 presidential campaign as the DP candidate. He was accused of making false statements related to late Kim Moon-ki, former head of the Seongnam Development Corporation, and corruption and bribery related to land development projects in Baekhyeon-dong in Seongnam.

In the first trial last November, Lee was sentenced to one year in prison with a two-year suspension. However, an appellate court overturned the ruling last month and acquitted him.

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

BY KIM JUN-YOUNG, CHOI SEO-IN [[email protected]]