The Seoul High Court decided to postpone the retrial of President Lee Jae-myung’s violation of the Public Official Election Act, originally scheduled for the 18th, and will set a schedule later. This was announced by the Seoul High Court as a measure under Article 84 of the Constitution. Article 84 of the Constitution stipulates that 'the president shall not be liable to criminal prosecution while in office, except in cases of insurrection or treason.' Accordingly, there is a strong outlook in the legal community that all five ongoing trials against President Lee, including the election law violation case, are likely to be suspended during his presidency.
On the 9th, the Seoul High Court announced in a notice sent to the reporters that 'the court has changed the scheduling and will set a date later concerning the President Lee Jae-myung election law case,' noting that 'this is a measure under Article 84 of the Constitution.'
Regarding Article 84 of the Constitution, President Lee Jae-myung previously stated during the presidential election process that 'ongoing trials will be halted during the presidential term.' In contrast, there is a strong counterargument in the legal community that 'ongoing trials will continue even after the president is elected.'
In response, the Supreme Court noted in a written reply to the National Assembly that 'it is up to the court handling the case to determine whether Article 84 of the Constitution applies to a criminal defendant elected as president.' It also stated, 'There are no relevant precedents or Supreme Court rulings. It is inappropriate to answer as it may become an issue in future trials.'
When ChosunBiz asked that day whether 'the trial regarding President Lee Jae-myung’s election law case means it will be suspended for the entire five-year term,' a Seoul High Court official responded, 'It is difficult to provide further answers beyond the notice sent to reporters.'
The election law violation case against President Lee Jae-myung is the most advanced among the five trials. Initially, a one-year prison sentence was suspended in the first trial, but he was acquitted in the appellate trial. However, the Supreme Court overturned this with a guilty intent, leading to a retrial at the Seoul High Court. The first retrial was originally scheduled before the presidential election but was postponed to the 18th, after the election. The decision by the Seoul High Court has further delayed the trial.
A legal expert who is a former judge said, 'The Seoul High Court postponed the trial of President Lee’s election law violation case and referred to it as a measure under Article 84 of the Constitution.' He added, 'This suggests that the trial in this case will be suspended during President Lee’s tenure.'
Another legal expert remarked, 'If the Seoul High Court has legally determined that the retrial of the election law case should be suspended during President Lee’s tenure, it is highly likely that the judges handling his other cases will make the same determination.'
President Lee Jae-myung has been found not guilty in the witness tampering case at the first trial and is currently at the second trial stage. First trials are also underway for the Daejang-dong, Baekhyeon-dong, Wirye-dong, and SeongnamFC cases. The Ssangbangwool North Korea remittance case and the Gyeonggi Province corporate card misuse case have not yet begun formal trials to determine guilt or innocence and remain in the pretrial preparation stage, organizing issues and evidence.
In response, a legal expert stated, 'The Democratic Party is trying to pass a bill in the National Assembly to halt trials during President Lee’s tenure,' and added, 'If the bill passes, it would be appropriate for the court to request a constitutional review by the Constitutional Court to determine the constitutionality before deciding whether to continue with the trial.'