Opposition party proposes bill to halt criminal trials for elected presidents

Rep. Jung Chung-rae, chairman of the Legislation and Judiciary Committee, strikes the gavel during a full committee meeting at the National Assembly in Seoul, Thursday. Yonhap

The main opposition Democratic Party of Korea (DPK) on Friday proposed a controversial bill to suspend ongoing criminal trials for individuals elected president, sparking a political firestorm just a day after the Supreme Court sent a major case involving the party's presidential candidate back to a lower court, hinting at a potential conviction.

The bill, introduced during a plenary session of the Legislation and Judiciary Committee, follows the Supreme Court’s decision on Thursday to send back to a lower court a case involving DPK candidate Lee Jae-myung, concerning alleged election law violations during his previous campaign. The court’s interpretation has increased the likelihood of a conviction in the retrial.

Rep. Kim Yong-min, the DPK deputy floor leader, formally introduced the bill. During the committee meeting, Kim explained that the proposed amendment to the Criminal Procedure Act aims to reinforce constitutional protections that could otherwise be weakened.

"This law merely clarifies what is already a given under our Constitution," Kim said. "Yoon Suk Yeol spent his presidency targeting Lee — investigating him endlessly and tearing apart his political rival. When courts handed down acquittals, they even tried to arrest the judge. It’s absurd that we have to legislate something so basic — but necessary nonetheless."

The ruling People Power Party criticized the bill as unconstitutional.

Rep. Jang Dong-hyeok argued that granting blanket immunity to a president-elect would go against Article 84 of the Constitution, which states a sitting president is immune from criminal prosecution, except for crimes of insurrection or treason.

“This bill extends protection even before inauguration, benefiting a specific individual,” Jang said. “It is an abuse of legislative power and violates the spirit of the Constitution.”

If passed, the bill would effectively suspend all criminal proceedings against Lee should he be elected president.

Lee is currently facing four separate criminal trials.

In addition to the election law case, he is being prosecuted for alleged corruption and abuse of power related to the controversial Daejang-dong land development scandal from his time as mayor of Seongnam, where public officials and business figures are accused of illicitly profiting from the project.

He also faces charges of breach of trust and obstruction of official duties connected to Wirye and Baekhyeon-dong development projects, as well as allegations that he solicited illegal corporate donations through a professional football club, also during his tenure as mayor.

The DPK has denounced the string of prosecutions as politically motivated, while prosecutors argue the cases are based on extensive evidence and witness testimony.