The first trial of Lee Jae-myung of the Democratic Party of Korea's 'violation of the Public Official Election Act' case will be held on the 15th at 2 p.m. in the Seoul High Court's Criminal Division 7. This follows the Supreme Court's decision to reverse and remand with a guilty context just one day prior, leading to the assignment of the case and the scheduling of dates being completed. In the legal community, there are remarks noting, 'Following the Supreme Court, the High Court is also proceeding swiftly with the trial.'
This first trial of the reversed remand case has been scheduled for after the candidate registration period for the June 3rd presidential election (10th-11th). Currently, the candidate has no legal obstacles to registering as a candidate since a sentence has not yet been finalized.
The Seoul High Court announced in a notice sent to reporters on the 2nd that 'the trial division for this candidate's election law case has been assigned to Criminal Division 7.' Furthermore, the Seoul High Court registered the information that the first trial of this reversed remand case will be held on the 15th at 2 p.m.
The Seoul High Court's Criminal Division 7 consists of Chief Judge Lee Jae-kwon (56, Judicial Research and Training Institute Class 23) and Judges Park Joo-young (51, Class 33) and Song Mi-kyung (45, Class 35). The presiding judge for this case will be Judge Song Mi-kyung.
The Seoul High Court's Criminal Division 7 sentenced Lee Jung-geun, the former deputy secretary-general of the Democratic Party, to six months in prison with a one-year suspended sentence for violating the Public Official Election Act last April. Additionally, in February, it decided to retrial the late Kim Jae-kyu, who was sentenced to death and executed for the October 26 incident.
Chief Judge Lee Jae-kwon, originally from Seogwipo in Jeju, graduated from Jeju Jeil High School and the Seoul National University Law School. After completing the Judicial Research and Training Institute in 1994, he was appointed as a judge at the Seoul District Court in 1997. He has since served as a judge at the Seoul High Court, the Supreme Court Secretary's Office, Chief Judge at the Seoul Central District Court, and Chief Judge at Jeju District Court. He was the senior research fellow at the Judicial Policy Research Institute from 2021 until February of last year.
Presiding Judge Song Mi-kyung graduated from Busan Girls' High School and the Ewha Womans University Law Department, completing the Judicial Research and Training Institute in 2006. After being appointed as a judge at the Seoul Central District Court in the same year, she worked as a judge at the Seoul Southern District Court, Busan District Court, Incheon District Court, Seoul Western District Court, and as a research judge at the Supreme Court.
Judge Park Joo-young graduated from Seoul Science High School and the Seoul National University Industrial Engineering Department before passing the 43rd bar exam in 2001. Appointed as a judge at the Seoul Central District Court after completing the judicial training in 2004, she went on to serve as a judge at the Seoul Western District Court, Daejeon District Court Gongju Branch, Suwon District Court, Busan District Court as a chief judge, and Uijeongbu District Court as a chief judge.
Meanwhile, the candidate received a sentence of one year in prison with a two-year suspended sentence in the first trial of this case. The remarks that 'he did not play golf during an overseas trip with the late Kim Moon-ki, the former head of the Seongnam Urban Development Corporation,' and 'the Baekhyeon-dong apartment development was carried out under pressure from the Ministry of Land, Infrastructure and Transport' were deemed to be false public disclosures.
However, the second trial ruled both statements were not false public disclosures and acquitted him entirely. The 'Kim Moon-ki golf remark' pertained to an 'awareness' that he did not know Kim Moon-ki and was not related to an 'act' subject to punishment under the election law. Furthermore, while the 'Baekhyeon-dong remark' could be seen as an exaggeration of significant pressure, it could not be considered false.
However, the Supreme Court overturned the second trial's not guilty verdict and remanded the case to the Seoul High Court. The Supreme Court's judgment was consistent with the first trial, asserting that both the 'Kim Moon-ki golf' remark and the 'Baekhyeon-dong remark' constituted false public disclosures. After referring the case to an en banc session, the Supreme Court made a decision to reverse and remand with a guilty context just nine days later.
It is common for a High Court that hears a case remanded with a guilty context by the Supreme Court to follow the Supreme Court's judgment. One legal expert noted, 'Since the Supreme Court's ruling aligns with the first trial, there is a high possibility that the sentence for the remand trial will also be set based on one year in prison with a two-year suspended sentence.'
Another legal expert mentioned, 'If the candidate is dissatisfied with the sentence in the remand trial, they could appeal again to the Supreme Court,' adding, 'This would prolong the finalization of the sentence.'