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DP railroads amendment suspending criminal trials for president-elect through committee

Published: 07 May. 2025, 14:57

The National Assembly’s Legislation and Judiciary Committee holds a session at the National Assembly building in Yeouido, western Seoul, on May 7. [NEWS1]

A revision to the Criminal Procedure Act that would suspend ongoing criminal trials if the defendant is elected president was passed by the National Assembly’s Legislation and Judiciary Committee on Wednesday.

The revision was railroaded by the Democratic Party (DP), without participation from People Power Party (PPP) lawmakers. PPP members of the committee boycotted the vote in protest of what they called a one-sided review process.

Proposed by DP Rep. Kim Yong-min, the amendment introduces a new clause stipulating that “if a defendant is elected president, the court must suspend trial proceedings from the date of election until the end of the presidential term.”

Article 84 of the current Constitution stipulates that “the president shall not be subject to criminal prosecution while in office, except for insurrection or treason.”

However, it remains ambiguous whether a criminal trial underway before a person is elected president can continue after that individual assumes office if the charges do not involve insurrection or treason.

Under the newly passed amendment, all such ongoing trials would be suspended for the duration of the president’s term.

The PPP strongly opposed the bill from the outset, claiming that it was effectively tailored to benefit DP presidential candidate Lee Jae-myung.

Lee is currently going through trial proceedings for alleged violations of the Public Official Election Act. The Seoul High Court on Wednesday postponed Lee’s remanded trial to June 18, after the June 3 election.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY JUNG SI-NAE [[email protected]]