Lee Seok-yeon, co-chairperson of the Democratic Party of Korea election committee, criticized the Supreme Court’s ruling regarding the public election law case of presidential candidate Lee Jae-myung, calling it "an unconstitutional political trial beyond the limits of judicial power."
On the 6th, Commissioner Lee, a former constitutional researcher and head of the Ministry of Legislation, held a press briefing at the National Assembly and argued that it was "a ruling that exceeds the scope of the authority granted to judges to judge others through the Constitution."
Commissioner Lee emphasized, "Democracy is about respecting procedures and means, not just prioritizing the ends," adding, "If due process is disregarded, it becomes an abuse of public power and an unconstitutional act, regardless of the purpose pursued."
He said, "If a swift ruling is carried out before the June 3 presidential election, that ruling will be unconstitutional and invalid, and from that point, the rule of law will collapse in the Republic of Korea," adding, "Regardless of whether impeachment is considered, this is a criminal act by the Supreme Court."
Regarding the Seoul High Court's designation of the retrial date as the 15th, he noted that "the 15th is the start of the full election campaign period," stating that "the constitutional spirit dictates that all candidates must be guaranteed equal opportunities once the campaign begins."
Commissioner Lee pointed out that the act of the prosecution to indict candidate Lee on charges of violating the public election law is also problematic. He assessed it as "a ruling that drags up the past judgment in a situation where he has already been judged by the public as a defeated candidate."
Referring to Article 84 of the Constitution, which prescribes the president's privilege of non-prosecution, he stated, "Trials are an extension of the prosecution, so they definitely fall under the concept of prosecution," arguing that criminal proceedings should be suspended upon the election of a president.
He also argued that the number of Supreme Court justices should be increased to around 25 to adequately guarantee the right to be tried.
Regarding the impeachment claim against Chief Justice Cho Hee-dae, he mentioned that "Chief Justice Cho should be held accountable for making unconstitutional rulings," while also stating, "I believe we should be cautious about impeachment."
There are also suspicions that Chief Justice Cho attempted to conduct 'direct adjudication' (a situation where the Supreme Court overturns a lower court ruling without sending the case back for retrial) but was forced to decide for a retrial amidst opposition from other justices. He asserted, "There is a high possibility that justices opposed the direct adjudication."
In this regard, Lee Geon-tae, spokesperson for the election committee, stated in a briefing that "the People Power Party must reveal whether the 'direct adjudication scenario' it persistently claimed was actually reviewed in advance by the Supreme Court," asking, "Was the Supreme Court attempting to respond to the demands of insurgent forces?"