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Korea Herald
20 hours ago
- Politics
- Korea Herald
Constitutional complaint filed against suspension of Lee Jae-myung's criminal trials
A court complaint has been filed with the Constitutional Court of Korea to examine whether the Seoul courts' recent decisions to delay President Lee Jae-myung's criminal trials were constitutional. According to the Constitutional Court, four complaints were submitted to the court from Monday to Tuesday, claiming that the indefinite delays of Lee's trials, granted by the Seoul High Court and the Seoul Central District Court, violated the equal rights. The constitutional complaint can be filed by anyone whose basic rights guaranteed under the Constitution have been infringed upon by public authorities. The complaints included claims that the application of presidential immunity to Lee's retrial on charges of election law violation and a separate criminal trial related to alleged breach of trust charges over Daejang-dong development projects in Seongnam, Gyeonggi Province, is unconstitutional. They also requested the court to declare Article 84 of the Constitution unconstitutional. Article 84 of the Constitution stipulates that the president cannot be criminally prosecuted while in office except in cases of insurrection or treason. But it does not clarify whether this immunity extends to ongoing trials that began before the president took office, making it difficult to have a consistent interpretation of the law. The constitutional complaints stemmed from a narrow interpretation, which suggests that prosecution solely refers to the act of indictment, meaning Lee's ongoing criminal trials could legally proceed regardless of his status as president. Meanwhile, the Seoul Central District Court and the Seoul High Court postponed Lee's hearing schedules as they found that prosecution constitutes not only the act of indictment, but encompasses all ensuing judicial proceedings as well. '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 on Monday, without giving a new date for the hearing. Cheon Dae-yeop, chief of the Supreme Court's Court Administration Office and a Supreme Court justice, previously claimed 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. The Constitutional Court reportedly assigned the complaint to a panel of three justices to conduct a preliminary review. If the panel finds the complaint legally sufficient, it will be referred to the full court session for a hearing.
Korea Herald
2 days ago
- Politics
- Korea Herald
Can President Lee stay out of court?
President Lee Jae-myung's term will likely be unaffected by his ongoing criminal trials, with the ruling Democratic Party of Korea set to push for a Criminal Procedure Act amendment that would postpone any criminal trials involving sitting presidents until they leave office. 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. At a general meeting of the main opposition party, People Power Party Rep. Kweon Seong-dong said the judges chose to "abandon judicial independence," and the court's decision will be remembered as the judiciary's embarrassing past. "I hope the judges who are tasked to hear Lee's other criminal trials do not make foolish mistakes. I urge the Seoul High Court to withdraw its arbitrary interpretation of Article 84 of the Constitution and appeal to the Supreme Court of Korea for legal clarification," Kweon said. 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.
The Star
2 days ago
- Politics
- The Star
Lee's election law violation hearing postponed indefinitely
A Seoul court has said that it will indefinitely postpone a trial of President Lee Jae-myung ( pic ) on charges of violating the election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that he had violated the election law by publicly making 'false statements' during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said yesterday that it will postpone the hearing 'to be decided later' without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to 'Constitution Article 84', without elaborating. South Korea's Constitution, Article 84, says a sitting president is 'not subject to criminal prosecution while in office' for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. 'The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election,' the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a Bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported yesterday. The Constitutional Court may be asked to rule whether the Bill is unconstitutional, legal experts have said. — Reuters
Dubai Eye
2 days ago
- Politics
- Dubai Eye
Court delays South Korea President Lee's election law violation hearing
A Seoul court said on Monday it will indefinitely postpone a trial of President Lee Jae-myung on charges of violating election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said on Monday that it will postpone the hearing "to be decided later" without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to "Constitution Article 84", without elaborating. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported on Monday. The Constitutional Court may be asked to rule whether the bill is unconstitutional, legal experts have said.
The Advertiser
3 days ago
- Politics
- The Advertiser
SKorea President Lee's law violation hearing postponed
A Seoul court has indefinitely postponed the trial of South Korea's President Lee Jae-myung on charges of violating election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said on Monday that it will postpone the hearing "to be decided later" without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to "Constitution Article 84", without elaborating. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported. The Constitutional Court may be asked to rule whether the bill is unconstitutional, legal experts have said. A Seoul court has indefinitely postponed the trial of South Korea's President Lee Jae-myung on charges of violating election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said on Monday that it will postpone the hearing "to be decided later" without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to "Constitution Article 84", without elaborating. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported. The Constitutional Court may be asked to rule whether the bill is unconstitutional, legal experts have said. A Seoul court has indefinitely postponed the trial of South Korea's President Lee Jae-myung on charges of violating election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said on Monday that it will postpone the hearing "to be decided later" without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to "Constitution Article 84", without elaborating. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported. The Constitutional Court may be asked to rule whether the bill is unconstitutional, legal experts have said. A Seoul court has indefinitely postponed the trial of South Korea's President Lee Jae-myung on charges of violating election law in 2022. South Korea's Supreme Court ruled in May, before Lee was elected, that Lee had violated election law by publicly making "false statements" during his 2022 presidential bid, and sent the case back to an appeals court. The Seoul High Court, which had scheduled a hearing for the case on June 18, said on Monday that it will postpone the hearing "to be decided later" without a date, a court spokesperson confirmed. Lee's office did not immediately respond to a request for comment. The court said its decision to postpone the hearing was due to "Constitution Article 84", without elaborating. South Korea's Constitution, Article 84, says a sitting president is "not subject to criminal prosecution while in office" for most crimes. However, legal experts are divided on whether that applies to ongoing trials that were already prosecuted before a president was elected. The National Court Administration under the Supreme Court gave as its opinion that judges of each court where Lee's trials are being held will have to decide whether to stop or proceed, according to its statement to a lawmaker in May. "The court in charge of hearing the case will determine whether Article 84 of the Constitution should be applied to a criminal defendant who was elected in the presidential election," the statement said. Lee's ruling Democratic Party, which controls parliament, is planning to pass a bill this week which suspends ongoing trials for the incumbent president, local broadcaster KBS reported. The Constitutional Court may be asked to rule whether the bill is unconstitutional, legal experts have said.
