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The best way to ease judicial risks: Become a successful president

Published: 10 Nov. 2025, 00:03

Kim Sung-tak

The author is an editorial writer at the JoongAng Ilbo.

Five months into his presidency, President Lee Jae Myung continues to face controversy over his ongoing court cases, often referred to as his “judicial risk.” The People Power Party (PPP) accuses the prosecution of abandoning its appeal in the Daejang-dong development corruption case — where defendants received prison sentences — claiming it was an attempt to shield the president. In response, Democratic Party (DP) floor leader Kim Byung-ki said the investigations involving the president were “fabricated” and called for disciplinary action against prosecutors who resisted.

President Lee Jae Myung visits the Korea Institute of Fusion Energy in the Daedeok Research Complex in Daejeon on Nov. 7 to tour Kstar, the world’s first superconducting nuclear fusion research device. [PRESIDENTIAL OFFICE]

Earlier, the ruling party attempted to pass legislation to formally suspend trials involving a sitting president, a proposal dubbed the “trial suspension bill.” However, the presidential office halted the idea within a day.

While the opposition and sections of the public are calling for Lee’s trial to resume, it is unlikely to move forward during his presidency. Article 84 of the Constitution grants a sitting president immunity from criminal prosecution, except in cases of insurrection or treason. Some legal scholars have disagreed on whether this immunity extends to ongoing trials, but the courts have suspended proceedings based on this constitutional provision.

Prime Minister Kim Min-seok (center) smiles alongside presidential chief of staff Kang Hoon-sik (left) and Democratic Party leader Jung Cheong-rae during a high-level consultation meeting between the government and ruling party at the prime minister’s residence in Jongno District, central Seoul, on Nov. 9. [YONHAP]

The DP revived the trial suspension proposal during the recent parliamentary audit. This followed remarks by Kim Tae-woong, chief judge of the Seoul High Court, who said it was “theoretically possible” to resume the president’s trial after the Supreme Court sent the election law case back for retrial. The opposition welcomed the comment, but the phrase “theoretically possible” often means “practically unlikely.”

Ahead of this year’s presidential election, the appeals court originally set the retrial opening for May 15, before the vote, but later delayed it to June 18, after the election. The court said the change was intended to ensure fairness and protect equal campaigning opportunities. At the time, Lee’s supporters accused the judiciary of meddling in the election. If the trial could not proceed when he was a candidate, it would be even more difficult against a sitting president. Like impeachment — which requires a complex process — the weight of a presidential mandate granted by voters cannot be easily overridden.

Lee is believed to have halted the trial suspension legislation for the same reason. Presidential chief of staff Kang Hoon-sik said most constitutional scholars agree that Article 84 already requires trials against a sitting president to be suspended, making legislation unnecessary. He added that passing a bill could imply that trials could resume without it. “If a court reverses its suspension and violates the Constitution, we can seek a constitutional review and legislate then,” Kang said. From Lee’s perspective, DP figures like party leader Jung Cheong-rae may have gone too far.

The opposition will continue to press the issue, but Lee’s judicial risk is more likely to materialize after he leaves office. There will be no legal grounds or political power to stop trials from resuming. For that reason, the best course for the president is to deliver results and leave office as a “successful president.”

A conservative acquaintance recently told the writer, “If President Lee achieves remarkable results, I don’t think he must be punished after leaving office for past allegations.” He described himself as a longtime conservative who voted for Lee Myung-bak, Park Geun-hye and PPP candidate Kim Moon-soo. “I don’t agree with Lee’s political ideology, but when it comes to economic policy and execution, he seems more capable than former President Yoon Suk Yeol or others. He knows how to get things done,” he said. Of his group of four conservative friends, two remained firmly against Lee, but two — including himself — acknowledged that Lee was handling state affairs competently.

Yoo Dong-gyu, former planning director of the Seongnam Development Corporation, speaks to the press as he arrives at the Seoul Central District Court in Seocho District on Oct. 31 for his first trial verdict on charges related to the Daejang-dong development scandal. He was sentenced to eight years in prison and taken into custody in court. [JOINT PRESS CORPS]

For President Lee, securing positive public opinion is essential. The local elections next year and the general election in April 2028, his third year in office, are critical. If the opposition gains a majority, it could push a reverse bill to resume trials. Securing another ruling-party majority and a potential extension of power are crucial. Even if trials proceed under a future administration, a DP government might grant a pardon if public sentiment is favorable.

To achieve this, Lee needs to maintain high approval ratings through the end of his term. If, during a change of administration, the prevailing view is that “President Lee delivered tangible achievements,” it could serve as a shield. If judicial risk ultimately leads to Korea’s first widely acknowledged “successful president,” that would be an unexpected outcome.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.