Supreme Court's fast-tracked Lee Jae-myung ruling stirs talk of political timing

Korea Herald

30-04-2025

Legal experts say top court seen moving fast to stay above politics, ensure fair election
As the Supreme Court of Korea decided to deliver its verdict on Lee Jae-myung's election law violation case on Thursday, just nine days after it first reviewed the case on April 22, speculation grows over the reason behind the top court's earlier-than-expected ruling date.
While many election law violation cases that are appealed to the Supreme Court take more than three months to process, Lee's case has garnered both public and legal analysts' attention because the court conducted two hearings in the four days after the case was first assigned to the justices.
The hearings occurring so fast is being seen as highly unusual for cases, especially referred to a full bench, which typically meets just once a month.
Though Noh Hee-bum, a former constitutional researcher and lawyer, was surprised about the Supreme Court's decision, in his view, South Korea's Supreme Court is likely making efforts to ensure a fair election.
'I think the court decided to deliver its verdict early in order to resolve the controversy over a presidential candidate's eligibility before the presidential election. This will offer people the chance to choose their president based on policies, vision and competence without prejudice and unjust slander from the opposing side,' Noh told The Korea Herald.
According to Noh, the South Korean judiciary has continued to face controversies related to Lee's election law violation case as the lower courts' rulings 'wasted' more time than was stipulated as urged by the Public Official Election Act.
While the Public Official Election Act in principle requires the district court and high court to deliver their verdicts on election law violation cases within six months and three months, respectively, the Seoul Central District Court spent more than two years coming to its initial ruling. Then, the Seoul High Court acquitted the liberal presidential front-runner on March 26, four months after the case was assigned to the court.
Explaining that the Public Official Election Act requires the Supreme Court to rule on appeals in election law violation cases within three months after the previous verdict, Noh stressed that the expedited proceedings and ruling should be regarded as a deliberate effort not only to minimize the impact of judicial decisions on the election, but also to show the court's effort to reach rulings within the legally recommended time frames.
'If the Supreme Court delivers its verdict after May 11 -- the official presidential candidate registration deadline -- after spending time to review the case, it might be difficult to avoid criticism claiming the politicization of the judiciary or the top court's alleged political intent,' said Lee Yun-je, a law professor at Myongji University.
'And if Lee Jae-myung wins the upcoming election, he will be protected by presidential immunity. The Supreme Court would have no choice but to suspend proceedings for five years, which would create greater confusion in society,' Lee said.
Article 84 of the Constitution stipulates that a sitting president cannot be charged with a criminal offense, except for insurrection or treason.
As different opinions are exchanged over the interpretation of this article even among those in the legal circle, questioning whether the judiciary needs to proceed or suspend a case that began before a president was elected as such, Lee stated that the court found the early ruling necessary.
Lee's case was initially assigned to a panel of four justices -- a conventional way for the Supreme Court to manage cases it hears on appeal. But Chief Justice Jo Hee-de had decided to hear the case in a full court session after considering the high level of public interest and national concern in the case.
A full-court review is one of two procedures by which the court exercises its jurisdiction, convening with at least two-thirds of the justices, with the chief justice presiding.
If the Supreme Court overturns the lower court's acquittal, Lee could lose both his parliamentary seat and his eligibility to run for public office for a decade. Under Article 19 of the Public Official Election Act, anyone convicted of violating election laws who receives a fine exceeding 1 million won ($700) is barred from running for office for 10 years.
But if the court dismisses the prosecution's appeal, Lee will be cleared of the charges.
According to the Democratic Party of Korea, Lee has decided not to attend the ruling in person. It is scheduled to take place at the Supreme Court in Seocho-gu, southern Seoul, Thursday at 3 p.m.