Supreme Court faces test of fairness in Lee Jae-myung case

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Supreme Court faces test of fairness in Lee Jae-myung case

Published: 24 Apr. 2025, 00:00

Audio report: written by reporters, read by AI

Supreme Court in Seocho District, southern Seoul [YONHAP]

The Supreme Court of Korea convened its second hearing yesterday in the public election law case involving Lee Jae-myung, the Democratic Party’s leading presidential contender. The case, which has become politically charged, now lies in the hands of the full bench — a rare move that underscores its sensitivity and potential impact on the upcoming presidential election.

Though appeals at the Supreme Court level are limited to legal questions and typically do not require the defendant’s presence, the court has taken the unusual step of holding two hearings over three days. After initially assigning the case to the Second Petty Bench composed of four justices on April 22, Chief Justice Jo Hee-de elevated it to the en banc session of all Supreme Court justices. This signals his commitment to observing the legally recommended timeline for election-related trials — six months for the first trial, three for the appeal, and three for the final judgment, as outlined in Article 270 of the Public Official Election Act.

Lee was initially sentenced to one year in prison, suspended for two years, at the district court, but was acquitted in the appellate court. Given the contrasting rulings and Lee’s status as a leading candidate, a full bench ruling was all but inevitable to settle the matter definitively.

The charges stem from Lee’s statements in 2018 while governor of Gyeonggi regarding the forced hospitalization of his brother. In a precedent from 2020, the Supreme Court overturned a partial conviction against Lee in a similar election law case just 28 days after referring it to the en banc session. Although that earlier case had already undergone eight months of review by a smaller bench before reaching the full court, today’s case could follow a similarly expedited timeline. If a verdict is delivered before the June 3 presidential election, it could quell doubts about Lee’s eligibility and reduce political uncertainty.

Still, the greater challenge lies in securing a ruling that is not only swift but broadly perceived as fair and legally sound. With less than six weeks remaining until the election, any perception that the Supreme Court rushed its decision could damage public trust in the judiciary. The court must ensure that its reasoning aligns with legal norms and common sense to avoid being seen as politically motivated.

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]

If the trial is delayed and Lee is elected, constitutional questions may arise over the application of Article 84, which protects a sitting president from prosecution except in cases of insurrection or treason. Lee also faces four additional criminal cases, including charges related to perjury coaching, questionable development deals in Daejang-dong and Baekhyeon-dong, political sponsorships via Seongnam FC and the misuse of a Gyeonggi Province corporate credit card. Notably, his trial for perjury coaching — where he was acquitted in the first trial but is now appealing — is scheduled for closing arguments on election day.

These legal entanglements suggest the need for the Supreme Court to eventually offer a clear interpretation of presidential immunity under Article 84. Without it, fragmented rulings by separate trial courts risk creating legal and political confusion during a highly charged election season.

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