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Presidential office calls bill halting criminal trials for sitting president 'unnecessary'

Published: 03 Nov. 2025, 21:17

Kang Hoon-sik, the presidential chief of staff, speaks during a press briefing at the presidential office in Seoul on Nov. 3. [YONHAP]

The presidential office said Monday it has asked the ruling Democratic Party (DP) to withdraw its proposed bill to suspend criminal trials for a sitting president, saying the legislation is "unnecessary."

Kang Hoon-sik, the presidential chief of staff, made the remark after the DP decided to scrap the bill amid criticism from the main opposition People Power Party that it was intended to shield President Lee Jae Myung.

Kang said most constitutional scholars agree that under Article 84 of the Constitution, criminal proceedings against a sitting president are suspended and that the Constitutional Court has interpreted the provision in the same way.

"Because such a suspension is already guaranteed by the Constitution, no separate legislation is necessary," Kang told reporters. "If a court were to resume a previously suspended trial in violation of the Constitution, it would still not be too late to seek a constitutional review and enact a related law at that time."

Kang said the office has asked the ruling party to exclude the proposed bill from its judicial reform agenda.

"We urge political parties not to draw the president into partisan strife," he added.

Lee had been standing trial on election law violations and other charges, but the proceedings were suspended following his inauguration in June under Article 84 of the Constitution, which stipulates that a sitting president shall not be charged with a criminal offense except for insurrection or treason.

Yonhap