Timing of top court ruling weighs on Lee Jae-myung as chief justice hits the gas
Published: 23 Apr. 2025, 18:11
Updated: 23 Apr. 2025, 19:57
Audio report: written by reporters, read by AI
![Democratic Party presidential front-runner Lee Jae-myung waves to supporters in front of Seoul Central District Court in Seocho District, western Seoul, on April 22. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/04/23/2c460a54-06ea-4c5b-b4d4-4d1cc88e6a7e.jpg)
Democratic Party presidential front-runner Lee Jae-myung waves to supporters in front of Seoul Central District Court in Seocho District, western Seoul, on April 22. [NEWS1]
The Supreme Court’s full bench will hold a second hearing on Thursday in the ongoing election law case involving liberal Democratic Party presidential front-runner Lee Jae-myung, just two days after its first session.
The unusually rapid pace of the proceedings, driven by Chief Justice Jo Hee-de, has raised speculation that a ruling could come before the June 3 presidential election.
Unprecedented speed under Jo’s lead
The Supreme Court announced Wednesday that a second full bench hearing in case No. 2025Do4697 — concerning a violation of the Public Official Election Act by defendant Lee — will take place on April 24. Supreme Court hearings are typically held once a month, making this two-day turnaround highly unusual.
“It’s the first time I’ve seen two bench hearings in one week,” said an anonymous lawyer and former Supreme Court judicial researcher. “It’s astonishingly fast.”
Legal analysts believe the fast-tracking reflects Jo’s strong will to conclude the high-profile case before the snap presidential election on June 3. Given that the lower courts handed down opposing rulings — a one-year suspended prison sentence in the first trial and a full acquittal in the second — the Supreme Court appears intent on settling the case.
Lee submitted his rebuttal to the prosecution’s appeal just one day before the case was assigned to the court’s second division on Tuesday morning at around 10 a.m., with Justice Park Young-jae named presiding judge. A mere two hours later, Jo transferred the case to the full bench and convened the first hearing that afternoon.
The full bench’s swift action — including both the referral decision and the initial hearing on the same day — is highly irregular. According to court officials, Jo also designated the second hearing date during the first session, bypassing the standard monthly schedule, to expedite the trial.
“The chief justice has sole authority to set hearing dates,” a court representative said.
During the first hearing, the court also accepted a recusal request from Justice Rho Tae-ak. Serving concurrently as the head of the National Election Commission, Rho filed for recusal immediately after the case was referred to the full bench, citing concerns over presiding in a case involving a key presidential contender. The court approved the request on the same day, and Rho will not participate in Thursday’s hearing.
![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]](https://koreajoongangdaily.joins.com/data/photo/2025/04/23/e2c5233d-4460-41fc-8025-e697b81c6f25.jpg)
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]
Timing is everything
With the court accelerating proceedings, attention is turning to when the verdict might be delivered. Jo has consistently emphasized the long-neglected "six-three-three" rule of the Public Official Election Act, requiring lower courts to rule within six months of indictment and appellate courts within three months of the preceding ruling.
Based on this timeline, the court has until June 26 — three months after the appellate court's March 26 ruling — to issue its verdict.
The average duration of election law appeals since Jo took office on Dec. 11, 2023, has been 91 days, suggesting the Supreme Court is largely adhering to the three-month standard, according to the National Court Administration. Legal experts say it is unlikely Jo will ignore the rule he has advocated for, given his direct involvement in the case.
However, with only about 40 days remaining before the presidential election, the timing of the final ruling remains a crucial variable. If Lee were to win and assume office on June 4, Article 84 of the Constitution — which grants sitting presidents immunity from criminal prosecution — could become a contentious issue. Although legal scholars are divided, Lee has argued that ongoing trials would also be suspended, citing this as the prevailing interpretation in a February interview with media outlet MBC.
If the court delivers its ruling before the election, the outcome could significantly affect the race. A dismissal of the appeal, thereby affirming Lee’s acquittal, would clear him of legal risk and allow him to focus fully on his campaign.
On the other hand, if the court overturns the acquittal and remands the case for retrial with a guilty verdict, Lee’s eligibility for office would face renewed scrutiny. Still, the short time frame makes it unlikely that a final verdict would be rendered before the election, meaning Lee would not lose his candidacy rights.
![Democratic Party presidential contender Lee Jae-myung attends a policy roundtable on capital market revitalization held at the Korea Financial Investment Association in Yeouido, western Seoul, on April 21. [KIM SEONG-RYONG]](https://koreajoongangdaily.joins.com/data/photo/2025/04/23/cac657ca-6661-4615-a2bd-b5dcb82b162a.jpg)
Democratic Party presidential contender Lee Jae-myung attends a policy roundtable on capital market revitalization held at the Korea Financial Investment Association in Yeouido, western Seoul, on April 21. [KIM SEONG-RYONG]
A rare but possible scenario is a direct ruling from the Supreme Court, known as “judgment without remand.” In this instance, the court issues its own verdict without sending the case back to a lower court. However, this outcome is extremely rare. There has been only one such ruling in 1,612 election law cases from 2014 to 2023, and that case was dismissed due to the dismissal of the prosecution.
Should the court issue a direct guilty verdict, the key detail would be whether the sentence includes a fine of at least 1 million won ($702). Any amount above that threshold would disqualify Lee from running, while a lesser amount would not impact his candidacy.
“Although judgment without remand is legally possible, it remains uncertain whether the Supreme Court would take such a bold step,” a legal insider said.
Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM JUN-YOUNG [[email protected]]
with the Korea JoongAng Daily
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