Lee's first retrial hearing postponed to after election as DP goes all-out to defend candidate
Published: 07 May. 2025, 19:03
![Democratic Party presidential candidate Lee Jae-myung waves to supporters outside a venue in Jeonju, North Jeolla after a campaign event on May 7. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/af3d8c42-7060-4be6-a609-439e8116e2b9.jpg)
Democratic Party presidential candidate Lee Jae-myung waves to supporters outside a venue in Jeonju, North Jeolla after a campaign event on May 7. [YONHAP]
The first retrial hearing of liberal Democratic Party (DP) presidential candidate Lee Jae-myung's election law violation case has been postponed to 10 a.m. on June 18, after the June 3 presidential election, Seoul High Court announced Wednesday.
The decision came just five days after the court initially scheduled the hearing for May 15 and only 40 minutes after Lee submitted a request for a change in court date. Lee said the court had made "a just and rightful decision in accordance with the spirit of the Constitution."
At 12:04 p.m. on Wednesday, the Seoul High Court, which is overseeing the case, said it decided to reschedule the hearing to after the presidential election to “guarantee the defendant equal opportunities to campaign and to prevent controversy over the trial’s fairness.”
The court said that it had maintained its stance of conducting trials independently and fairly, without any external influence or interference, in accordance with the Constitution and the law. The abrupt rescheduling came just 40 minutes after Lee’s legal team filed the request at around 10:25 a.m. on the same day.
On Friday, only a day after the Supreme Court overturned Lee’s acquittal and sent the case back for retrial with a guilty verdict in mind, the high court assigned the case, set the first hearing date, and sent out a subpoena — moves that had sparked speculation of a verdict being issued before the election. That scenario has now been ruled out.
![Democratic Party presidential candidate Lee Jae-myung takes a selfie with supporters outside a venue in Jeonju, North Jeolla after a campaign event on May 7. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/ee6c156d-14ff-4eea-9eda-bf6fbd16b499.jpg)
Democratic Party presidential candidate Lee Jae-myung takes a selfie with supporters outside a venue in Jeonju, North Jeolla after a campaign event on May 7. [YONHAP]
Even if a verdict had been delivered before the election, Lee’s candidacy would not have been affected. Still, the DP raised concerns over the judiciary’s haste, suggesting that a guilty verdict before the election could weigh heavily on the campaign and questioning whether the courts would push through with a ruling even after the vote.
"It would be disastrous if [Lee] doesn’t appear on May 15 and the court proceeds to deliver a default judgment on May 16 or the following Monday," said DP lawmaker Park Kyoon-taek.
Liberal voices also expressed concern that if the retrial concluded too quickly, the Supreme Court might deliver a ruling before the election — despite this being virtually impossible. Under current law, a final appeal must be filed within seven days of a lower court ruling, and the statement of reasons must be submitted within 20 days after court records are received.
Professor Suh Bo-hak of Kyung Hee University Law School warned that the Supreme Court could bypass procedure and issue a ruling within seven days, effectively ignoring the requirement for a reasoned submission.
![Lee Jae-myung, presidential candidate for the liberal Democratic Party (DP), gives a speech on Tuesday in Jeungpyeong, North Chungcheong. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/e161bf8e-2496-43b5-82aa-45c7a51926ba.jpg)
Lee Jae-myung, presidential candidate for the liberal Democratic Party (DP), gives a speech on Tuesday in Jeungpyeong, North Chungcheong. [NEWS1]
Observers in legal circles speculated that the high court reversed course and accepted the defense's argument. While it is not uncommon for courts to reschedule hearings at a defendant’s request, it was unusual for the Seoul High Court to do so after initially showing an intent to expedite proceedings.
After the Supreme Court remanded the case with a guilty verdict in mind, the DP denounced the decision as a "judicial coup" and accused Chief Justice Jo Hee-de of attempting an “insurrection.” The party vowed to use every means at its disposal, including impeachment, legislative hearings and new laws, to counter the judiciary.
Even after the postponement was granted, the DP said it would file complaints with the Corruption Investigation Office for High-ranking Officials against Jo and the nine other justices of the Supreme Court.
Observers noted that although Lee’s legal team cited constitutional guarantees of equal campaign opportunities and protections against the arrest or detention of presidential candidates during the campaign period, the court’s decision may have also been influenced by the DP’s aggressive stance toward the judiciary. The court may have found it difficult to completely ignore such political pressure.
![Democratic Party's presidential candidate Lee Jae-myung hugs a little child after receiving a bouquet of flowers on May 5 in Jincheon County in North Chungcheong. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/8eacda3a-8d6c-429c-a12f-3c21a39b8011.jpg)
Democratic Party's presidential candidate Lee Jae-myung hugs a little child after receiving a bouquet of flowers on May 5 in Jincheon County in North Chungcheong. [NEWS1]
Attention is now turning to the other four criminal cases involving Lee. Like the election law case, the Daejang-dong development trial had hearings scheduled for May 13 and May 27, while the perjury instigation appeals trial was set for May 20. Lee has requested postponements in both cases.
If the courts approve those requests, no hearings will take place before the election.
If Lee wins the presidency, courts will have to determine whether his trials should be suspended under Article 84 of the Constitution, which grants sitting presidents criminal immunity. Although this decision will initially rest with the relevant courts, proceedings may be halted regardless of constitutional interpretation.
![Democratic Party's presidential candidate Lee Jae-myung, left, and People Power Party candidate Kim Moon-soo attend a celebratory Buddhist ceremony in front of the Daeungjeon Hall at Jogye Temple in Jongno District, central Seoul, on May 5, Buddha’s Birthday in the year 2569 of the Buddhist calendar. [JOINT PRESS CORPS]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/f970176c-9df4-4f8f-9ae4-bef00a1afa16.jpg)
Democratic Party's presidential candidate Lee Jae-myung, left, and People Power Party candidate Kim Moon-soo attend a celebratory Buddhist ceremony in front of the Daeungjeon Hall at Jogye Temple in Jongno District, central Seoul, on May 5, Buddha’s Birthday in the year 2569 of the Buddhist calendar. [JOINT PRESS CORPS]
The DP is also pushing for an amendment to the Criminal Procedure Act that would suspend ongoing criminal trials until a president’s term ends. The amendment passed the National Assembly’s Legislation and Judiciary Committee on Wednesday.
Even if the bill passes the National Assembly, it could be vetoed by the acting president. However, if Lee is elected and inaugurated on June 4, he will have control of both legislative and executive powers.
Under the so-called "6-3-3 law," election-related crimes must be resolved within six months after indictment, with the second and third trials to be completed within three months each. But Lee’s case, which began with his indictment in September 2022, could now stretch out for as long as seven years and nine months.
![Democratic Party leader Lee Jae-myung walks toward his car after his meeting with workers at Jongno District, central Seoul, on May 1. [JOONGANG ILBO]](https://koreajoongangdaily.joins.com/data/photo/2025/05/07/07173a90-655c-4316-97b4-7494bec6011d.jpg)
Democratic Party leader Lee Jae-myung walks toward his car after his meeting with workers at Jongno District, central Seoul, on May 1. [JOONGANG ILBO]
The case could also be dismissed altogether. If the National Assembly passes a bill to delete the clause concerning "acts" from Article 250, Paragraph 1 of the Public Official Election Act, which concerns the publication of false information, and the president signs it into law, the charges against Lee could become legally groundless.
This would nullify the charges stemming from Lee’s past claims that he "did not know Kim Moon-gi" or "was threatened by the Land Ministry," and the case could be dismissed on the grounds that the law no longer applies.
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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