Opposition leader acquitted of election law violation

Rep. Lee Jae-myung, leader of the main opposition Democratic Party of Korea, speaks after being acquitted of violating the election law in front of the Seoul High Court in Seoul, Wednesday. Joint Press Corps

Rep. Lee Jae-myung, leader of the main opposition Democratic Party of Korea (DPK), was found not guilty of violating the election law, in a ruling that could remove long-running legal risks that he has faced from criminal allegations.

The Seoul High Court on Wednesday overturned the lower court’s ruling that Lee violated the Public Official Election Act by making false statements before the 2022 presidential election.

This appellate court ruling comes 131 days after the Seoul Central District Court sentenced him to one year in prison, suspended for two years.

Lee was initially found guilty of making false statements during a parliamentary audit of the Gyeonggi Provincial Government in October 2021 when he was the governor.

He had claimed that he rezoned the former site of the Korea Food Research Institute in Baekhyeon-dong, Seongnam, when he was the city mayor, due to pressure from the Ministry of Land, Infrastructure and Transport.

However, prosecutors accused Lee of rezoning the site to give preferential treatment to private developers, causing losses to the city government. The lower court ruled the rezoning was due to Lee’s own decision, not from the ministry’s pressure.

However, the appellate court reversed the lower court’s ruling, saying that rezoning the site may have come at the request of the land ministry.

Another charge was related to a media interview from December 2021, during which he claimed not to know Kim Moon-ki, the former head of the development division at Seongnam Development Corp., which was involved in a corruption-ridden development project in Seongnam. He also denied having golfed with Kim in 2015, claiming a photo of them together was fabricated.

The Seoul Central District Court ruled that Lee made false information public by saying he never played golf with Kim, but the Seoul High Court dismissed prosecutors’ claims and backed Lee’s argument that the photo was fabricated.

Supporters of Democratic Party of Korea (DPK) Chairman Rep. Lee Jae-myung hold banners that read "Lee Jae-myung is innocent" in front of the Seoul Central District Court in Seoul, Wednesday. Yonhap

Wednesday’s ruling will ease Lee's legal burden slightly as he remains the strongest contender for the next presidential election. The legal battles were seen as a major barrier for Lee's political career and his path to the presidency.

After the verdict, Lee expressed his gratitude to the court.

“I am grateful to the judiciary for making a proper judgment based on truth and justice,” Lee said. “The prosecution and the administration fabricated evidence to go after me when they could have used their capacity to prevent forest fires or improve people’s livelihoods.” About 50 DPK lawmakers were also present in the courtroom.

Lee is currently standing trial in four other cases. He faces charges of suborning a former mayoral secretary to provide false testimony in his favor, corruption related to the Seongnam development project, involvement in an illegal cash transfer of $8 million to North Korea and misuse of a local government credit card for personal expenses.

The prosecution said it will appeal the decision to the Supreme Court.

The ruling People Power Party (PPP) expressed “deep regret” over the court’s decision.

“The DPK should not be upbeat about the appellate court verdict because it does not change the fact that Lee is charged with five criminal counts. The Supreme Court may reverse the court’s acquittal,” PPP spokesperson Ho Joon-suk said.

Opposition parties, on the other hand, lauded Wednesday’s ruling as a "victory for common sense."

“The prosecution brutally harassed Lee with forced investigations aiming to eliminate the president’s political opponent. But in the end, the truth was revealed and justice prevailed,” DPK spokesperson Jo Seoung-lae said.

“It is an impeachment sentence for the prosecution, which is obsessed with eliminating political enemies. We send applause and encouragement to Lee and his supporters who have overcome the political oppression of the Yoon Suk Yeol administration,” said Kim Bo-hyup, chief spokesperson of the Rebuilding Korea Party.

Police have deployed 1,100 officers from 17 units around the Seoul High Court as both pro- and anti-Lee groups held rallies in front of the Seoul High Court.