The Supreme Court will announce its ruling on Lee Jae-myung, the Democratic Party of Korea's presidential candidate, regarding the 'Public Official Election Act violation case' on May 1 at 3 p.m. Lee received a one-year prison sentence with a two-year probation in the first trial, which was overturned to not guilty in the second trial. If the Supreme Court confirms a sentence of a fine of more than 1 million won, Lee will not be able to run in the June 3 presidential election.
The Supreme Court announced in a notice sent to reporters on the 29th that it will hold a ruling date for Lee's Public Official Election Act violation case on May 1 at 3 p.m.
Earlier, Chief Justice Cho Hee-dae referred the case to the Supreme Court's en banc and held two en banc sessions on the same day and the 24th.
Lee was acquitted in the appellate trial on the 26th of last month. The first trial court had previously sentenced him to one year in prison with a two-year probation last November, which was overturned.
According to legal analysts, the Supreme Court can deliver one of three rulings: 'confirmation of not guilty by dismissal of appeal', 'cancellation of judgment', or 'remand for a new trial'. If the Supreme Court determines there is no issue with the not guilty ruling of the appellate trial, it can confirm not guilty by dismissal of appeal. This would eliminate any legal obstacles for Lee to run in the June 3 presidential election.
In contrast, if the Supreme Court finds issues with the not guilty ruling of the appellate trial, it may either cancel the judgment or remand the case. Cancellation of judgment means the Supreme Court recognizes the appellate judgment as invalid and confirms Lee's guilt. Remand means the Supreme Court cancels the appellate ruling and sends the case back to the Seoul High Court for retrial. Generally, cancellation of judgment can confirm penalties more quickly than remand. If a penalty of more than 1 million won is confirmed for violating the Public Official Election Act, eligibility for election can be revoked for a certain period.
Meanwhile, Lee was indicted in September 2022 on charges of publicly declaring false facts after appearing in four debates as the Democratic Party's candidate ahead of the last presidential election. The statements that the prosecution deemed problematic included: he did not know Kim Moon-ki (former head of the development division at Seongnam Urban Development Corporation) during his time as mayor of Seongnam; he did not play golf with Kim Moon-ki; and the change in land use for the Korea Food Research Institute in Baekhyeon-dong, Seongnam was due to coercion from the Ministry of Land, Infrastructure and Transport.
The first trial court sentenced Lee to one year in prison with a two-year probation. The court judged that Lee's claims of not knowing Kim Moon-ki and changing the land use due to pressure from the Ministry of Land, Infrastructure and Transport constituted intentional public declaration of false facts.
However, the appellate court acquitted Lee. The court indicated that Lee's statements were not about specific actions, but rather expressions of 'awareness', thus they were not subject to penalties under the Public Official Election Act.