Could Lee Jae-myung avoid trials during presidency?
With the ruling Democratic Party of Korea set to push for an amendment to the Criminal Procedure Act to postpone any criminal trials involving sitting presidents until they leave office, President Lee Jae-myung will likely be unaffected during his term by the ongoing criminal trials he faces.
A total of five different criminal trials presented major challenges for Lee during his presidential campaign, allowing other candidates to question whether Lee was truly qualified to lead the country.
Some in the legal community expected that the trials would remain hurdles for Lee even after the election as Article 84 of the Constitution -- which stipulates that the president cannot be criminally prosecuted while in office except in cases of insurrection or treason -- does not clarify whether this immunity extends to ongoing trials that began before the president took office.
But the National Assembly's Legislation and Judiciary Committee, led by the Democratic Party, approved a revision to the Criminal Procedure Act in early May to prevent legal ambiguity.
The ruling party is reportedly considering proposing the amendment in a National Assembly plenary session on Thursday.
'The Constitution guarantees the president immunity from prosecution in order to ensure stable governance. The Criminal Procedure Act also states that criminal trials fall under the definition of prosecution,' said Democratic Party Rep. Jeon Hyun-heui during the ruling party's Supreme Council meeting on Monday, claiming that the entire case needs to be suspended regardless of when it began.
The Democratic Party added that the amendment is a legislative clarification introduced to avoid any conflict between constitutional immunity and the actual judicial process.
The main opposition People Power Party condemned the liberal party's legal revision, calling the amendment of the Criminal Procedure Act a 'bulletproof law,' a self-interested measure aimed at granting immunity to the president.
'All are equal before the law. The presidency is not a position to escape trials that began before taking office,' said People Power Party interim leader Kim Yong-tae in a press conference held Sunday, asking whether President Lee is willing to attend a hearing in his trial for alleged election law violations scheduled on June 18.
Kim criticized the proposed bills -- the amendment of the Criminal Procedure Act and a proposed expansion of the Supreme Court -- which he said the ruling party is attempting to ram through only for the benefit of the current president.
In early May, the Supreme Court's Court Administration Office stated that the judges of each court will have to decide whether to stop or proceed with the trials by applying Article 84 of the Constitution to a criminal defendant who has been elected president.
Meanwhile, the Seoul High Court announced Monday that the hearing in Lee's retrial on charges of election law violations, which was set to be held on June 18, will be postponed.
'The court has rescheduled the hearing date and will set a new date later. The decision was made after considering Article 84 of the Constitution,' the Seoul High Court said, without giving a new date for the hearing.
Decisions about Lee's remaining criminal trials, in which the president is accused of subornation of perjury, corruption, illegal money transfers to North Korea and misappropriating public funds, are yet to be announced.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Korea Herald
2 hours ago
- Korea Herald
Korean battery-makers push President Lee for direct subsidies
Korean firms seek bolder funding as Chinese rivals leverage robust government backing South Korean battery manufacturers are urging President Lee Jae-myung to act as they face slowing electric vehicle demand and intensifying competition from Chinese rivals increasingly dominating global markets. On May 31, three days before the presidential election, Lee wrote in a Facebook post, 'I will recharge the South Korean economy with K-batteries,' underscoring his belief that the battery industry is key to driving Korea's next economic leap. Lee's pledges included strengthening research and development to secure cutting-edge technologies such as all-solid-state batteries; introducing domestic production tax incentives; creating a "battery triangle belt" connecting the Chungcheong, Yeongnam, and Honam regions; increasing battery demand through energy storage systems; and nurturing the battery recycling industry. Calls for IRA-style subsidies While industry insiders are optimistic about the domestic tax incentives, they anticipate a more direct form of financial support from the government. Lee's tax benefit pledge offers tax breaks for companies producing and selling battery products in Korea, similar to the US Advanced Manufacturing Production Credit under the Inflation Reduction Act. However, AMPC also includes options like 'cash refunds' and 'third-party transfers' in addition to tax benefits. 'If we could receive cash returns, we'd have more flexibility to expand investments in global markets — particularly in the US, where rising tariffs on automobiles and parts are already dragging down the EV market,' said an industry source on condition of anonymity. The source emphasized that additional support measures are needed, pointing out that unlike China, which offers subsidies from direct funding to state-led R&D programs, the Korean government has only granted corporate tax credits. Under the Act on Restriction on Special Cases Concerning Taxation, the battery industry is designated a national strategic technology, making it eligible for approximately 15 percent and 30 percent tax credits on facility investments and R&D, respectively. However, these credits apply only to companies that are generating taxable profits. In the first quarter, Korea's top three battery makers — LG Energy Solution, Samsung SDI, and SK On — all reported operating losses, even when factoring in benefits from AMPC. As a result, they are likely ineligible for domestic tax breaks, despite having collectively borrowed 49.6 trillion won ($36.5 billion) for large-scale investments both at home and abroad. Chinese surge Experts suggest that even with the battery sector's strategic importance, direct subsidies from the Korean government remain unlikely. 'Korea has traditionally been wary of direct funding due to the associated risks and concerns over misusing taxpayer money,' said Kim De-jong, a business professor at Sejong University. 'In contrast, while China provides massive subsidies, it often gains substantial control over the company's management and operations.' Kim added that more feasible alternatives to direct subsidies could include offering discounted rates on electricity and water for domestic production facilities. Meanwhile, Chinese battery giants CATL and BYD have strengthened their grip on the global EV market. According to SNE Research, CATL and BYD held market shares of 38.1 percent and 17.3 percent, respectively, as of the latest period, up from the previous year. LG Energy Solution ranked third but saw its share fall from 12.3 percent to 10.2 percent. SK On and Samsung SDI also experienced declines, with market shares dropping to 4.3 percent and 3.3 percent, respectively.
Korea Herald
2 hours ago
- Korea Herald
Lee likely to meet business leaders later this week ahead of G7 summit
President Lee Jae-myung is expected to meet with top business leaders and heads of major economic organizations later this week, ahead of his participation in the Group of Seven summit in Canada, industry sources said Monday. According to the sources, the presidential office is arranging the meeting for Thursday or Friday, with the Korea Chamber of Commerce and Industry coordinating final details on behalf of the business community. The gathering is expected to bring together the heads of South Korea's five major conglomerates -- Samsung Electronics Co. Chairman Lee Jae-yong, SK Group Chairman and KCCI Chairman Chey Tae-won, Hyundai Motor Group Chair Euisun Chung, LG Group Chairman Koo Kwang-mo and Lotte Group Chairman Shin Dong-bin. Other business leaders expected to attend include Sohn Kyung-shik, chairman of the Korea Enterprises Federation, and Yoon Jin-sik, chairman of the Korea International Trade Association. The meeting appears to be aimed at reviewing both domestic and global economic conditions and gathering input from the business community on key pending issues ahead of Lee's participation in the G7 summit, scheduled for June 15-17 in Alberta, Canada. On his first day in office, Lee ordered the formation of an emergency economic task force, and was briefed on the current state of the local economy and the potential impact of a supplementary budget, underscoring his administration's focus on economic recovery as a top policy priority. (Yonhap)
Korea Herald
7 hours ago
- Korea Herald
Will S. Korea see 'civilian' defense minister?
One of President Lee Jae-myung's key campaign pledges made during his latest run was to appoint a 'civilian' defense minister, referring to a nominee with zero to brief military experience. His pledge came as several high-ranking military officials, including former Defense Minister Kim Yong-hyun, are currently on criminal trial on charges of conspiring in insurrection and of abuse of official authority tied to impeached President Yoon Suk Yeol's failed Dec. 3 martial law bid. The position is currently filled by acting Defense Minister and Vice Defense Minister Kim Seon-ho, who took on the role following Kim Yong-hyun's resignation after the martial law bid in early December. Lee kicked off the appointment of members of the presidential office and the Cabinet last week, and all eyes are on who will become the next defense minister amid growing security concerns on the Korean Peninsula. North Korea's advancing nuclear weapons program, coupled with reports of the Trump administration's potential troop cut of the 28,500-strong US Forces Korea, has fueled the worries. In South Korea, the position of defense minister has usually been held by a retired four-star Army general or Navy admiral. Of all 50 defense ministers so far, only five held the position without military experience. On top of it, most defense ministers were nominated while in active duty or almost immediately after announcing retirement. Though the moves managed to uphold Article 87 of the Constitution of Republic of Korea, which states that 'No member of the military shall be appointed a member of the State Council unless he (or) she is retired from active duty,' it has been criticized for building a tradition that led to lack of reform within the military. If Lee appoints a 'civilian' nominee, it would mark the first time such a person takes office since May 1961, after former Defense Minister Hyeon Suk-ho, who had no military experience at all, stepped down. Sources close to the matter said that Lee is considering the five-term lawmaker and ruling Democratic Party of Korea Rep. Ahn Gyu-back as a strong candidate for defense minister. Ahn is a former chair of the National Assembly's defense committee and a close aide of Lee. He also led the parliamentary committee probing into Yoon's martial law bid. Though Ahn has completed his two-year mandatory military service from 1983 to 1985, he has no professional military background. Meanwhile, the US law mandates a cooling-off period of seven years between active-duty service and appointment to the Secretary of Defense, aiming to ensure civilian control over the military.
