The Supreme Court reached a conclusion to send back the case of Lee Jae-myung, the candidate of the Democratic Party of Korea, for violating the Public Official Election Act, after 34 days of receiving the case, related to the remarks of Chief of the Court Administration Office Jeon Dae-yeop, who noted that "there should have been a priority for the trial of election crimes under the Public Official Election Act."
On the morning of the 14th, Minister Jeon responded to a question from Chairperson Jeong Cheong-rae during a full meeting of the National Assembly's Legislative and Judiciary Committee, asking, "What is the legal basis for prioritizing the case of candidate Lee, which was in the 120s order at the Supreme Court?" by stating, "According to Article 270 of the Public Official Election Act, election crimes must be judged expeditiously compared to other trials."
In response, Chairperson Jeong criticized, saying, "Compared to the average of 80 days it took for election crime rulings under Chief Justice Kim Myung-soo, the ruling on candidate Lee had political judgment involved."
Minister Jeon stated, "Article 2, Paragraph 1 of the Supreme Court's Rules of the En Banc Division stipulates that 'to ensure swift proceedings, a hearing date can be designated immediately if necessary,' and issues such as changing the date or setting the judgment date are matters that the presiding judge can decide at their discretion, which is a common principle across all procedures, including civil, criminal, and administrative cases."
Earlier, the Supreme Court overturned the second trial ruling that acquitted candidate Lee on the 1st and sent the case back with a guilty intention. This occurred 34 days after the case was received by the Supreme Court on March 28.
According to Article 270 of the Public Official Election Act, cases of election law violations must reach a first judgment within six months of indictment. Appeals and final appeals must also be rendered within three months of the original trial ruling. Chief Justice Jo Hee-dae has emphasized this '6-3-3 principle' since his inauguration.
The ruling regarding candidate Lee was made about a third of the way past the set deadline.
Minister Jeon explained, "Just as the assembly prioritizes actions when there is a reasonable necessity, the Supreme Court can also proceed with trials of significant cases mandated for expedited handling under the law as a priority, which is our position."
Chairperson Jeong asked, "If the Public Official Election Act mandates swift trials, then why, under Chief Justice Kim Myung-soo's system, did it take an average of 80 days without adhering to the law?"
He then pointed out, "Why was the clause applied only to candidate Lee's case for expedited handling, isn’t this political intervention?"