Jung Min-ho has worked as a staff writer at The Korea Times since 2012, mostly covering social and political issues. He currently belongs to the Politics & City Desk where he covers topics such as health, labor and human rights. Prior to joining the team, he was responsible for covering North Korea and sports. His article about a biosecurity breach of Middle East respiratory syndrome won him an award from the Korea Science Journalists Association in 2016. He is also the co-author of the book, "Medical Pioneers of Korea" (2019). He served as the head of the international relations committee at the Journalists Association of Korea from 2021 to 2023.
All eyes on Supreme Court as DPK’s main presidential contender awaits ruling
Chief Justice Cho Hee-dae enters the Supreme Court in southern Seoul, Thursday. Newsis
By Jung Min-ho
Justices expedite hearing in sign that ruling likely to be issued before election: expert
After an appeals court in Seoul found Lee Jae-myung, the leading presidential contender of the Democratic Party of Korea (DPK), not guilty of violating the election law on March 26, party officials said it would be virtually impossible for the Supreme Court appeal to be concluded before the June 3 election.
They may be wrong.
After taking over the case, Chief Justice Cho Hee-dae referred it to a full-bench review and held the first deliberation session on the same day — a rare move. Just two days later, on Thursday, the court convened its second session, signaling an unusually swift pace.
Many experts view the move as a clear indication that the court is determined to resolve the case before the June 3 presidential election — a prospect that has heightened anxiety among DPK politicians.
“Given the steps taken by the court so far, the justices are likely to issue a ruling before the voting day,” Lee Hyun-gon, a former judge, told The Korea Times. “Part of the reason for the court to speed up is to avoid a more confusing situation following the election.”
The scenario the lawyer referred to is one in which Lee ― facing five trials for 12 criminal charges, including the election law violation ― wins the election. If that happens, the question of whether those hearings should be suspended would remain.
The Constitution says, “The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason.” Many experts believe it applies also to a president-elect. But not everyone agrees.
If the Supreme Court upholds the lower court’s verdict of acquittal, Lee is expected to solidify his position as the favorite to win the presidency. And if he wins, for the most part, he would not have to worry about the other trials, as he would be sworn in as the new president before the remaining cases could be concluded.
On the other hand, if the top court overturns the ruling and imposes a fine of 1 million won ($700) or more before June 3, Lee would immediately lose his eligibility to run for president or hold any public office for the next five years.
But if the top court finds the lower court's ruling to be flawed and sends it back to the appeals court for review — as it typically does with most cases — Lee would still be allowed to, at least legally, continue his campaign, as his case would take at least a few more weeks to finish.
Most likely, it would be too late for the DPK to nominate another candidate, but Lee would face pressure to step down. Even if he wins, complex questions over the legality and legitimacy of his presidency may ensue.
Lee Jae-myung, the Democratic Party of Korea's leading presidential contender, speaks during a meeting with local officials at Gimje in North Jeolla Province, Thursday. Yonhap
Unsettled by the possibility of Lee’s conviction before the election, DPK lawmakers have expressed anxiety while avoiding directly criticizing the court.
Speaking to reporters on Wednesday, DPK lawmakers at the National Assembly’s Legislation and Judiciary Committee expressed their concern, saying that many suspect the decision of the court to move quickly is motivated by political considerations rather than legal ones.
Rep. Jung Chung-rae, the committee’s chief, also said on social media that the public “would not forgive the Supreme Court if it tries to influence their right to vote.”
By law, all election law violation cases must be concluded in one year. However, the judiciary has been extraordinarily slow in handling Lee’s case. More than two years and six months have passed since he was indicted.
Lee was indicted in September 2022 on charges of making a false claim during an Assembly audit in 2021, while running as a presidential candidate. The charges related to a development project in Seongnam when he was serving as the city's mayor and his relationship with a subordinate, Kim Moon-ki, who later died by suicide.