The Constitutional Court announced on the 10th that it has received a constitutional petition regarding Article 84 of the Constitution, which served as the basis for the postponement of trials in the cases involving President Lee Jae-myung's violation of the Public Official Election Act and the Daejang-dong case. Article 84 of the Constitution states, 'The president shall not be subject to criminal prosecution during the term of office, except in cases of insurrection or treason.'
On that day, a Constitutional Court official noted, 'On the 9th, a member of the public filed a constitutional petition regarding Article 84 of the Constitution, claiming a violation of the right to equality.' The 9th was the day when the trial court for the appeal of President Lee’s violation of the Public Official Election Act indefinitely postponed the trial based on Article 84 of the Constitution.
The receipt of a constitutional petition regarding Article 84 of the Constitution does not necessarily mean that the Constitutional Court will interpret this provision. If the court finds the subject of the trial unclear, it may dismiss the constitutional petition.
On the contrary, if the Constitutional Court believes that it must make a ruling on Article 84 of the Constitution, it will enter into deliberation. However, since the average deliberation period for constitutional petitions is about two years, it may take a long time for a conclusion to emerge in this case.
Meanwhile, interpretations of Article 84 of the Constitution are divided. President Lee Jae-myung stated during the presidential election period that 'trials that are already in progress would be suspended during the presidential term.' In contrast, there were strong counterarguments in the legal community stating that 'trials already in progress would continue even after the president's election.'