Seoul High Court Criminal Division 7 "Postponement of Public Official Election Act Retrial… Date to be Rescheduled Later"

The court in charge of the retrial of President Lee Jae-myung's Public Official Election Act violation case has postponed the scheduled first public hearing.

The court explained that this decision was made in consideration of the president's immunity from prosecution.

On the 9th, the Seoul High Court Criminal Division 7 (presided over by Chief Judge Lee Jae-gwon) announced that it would change the hearing date for President Lee Jae-myung, who is charged with violating the Public Official Election Act, and set a new schedule later.

"Decision According to the Constitution"

The court elaborated, stating that it is a "decision made in accordance with Article 84 of the Constitution."

Article 84 of the Constitution stipulates the president's immunity from prosecution during their term. It specifically states, "The president shall not be liable to criminal prosecution during their term, except for insurrection or treason."

This has recently been presented as a key argument by parties such as the Justice and Innovation Party, claiming that the trial against President Lee Jae-myung should be halted.

Initially Postponed Due to the Election Schedule… This Time Mention of Constitutional Provision

Previously, the court set the first public hearing date for the case on the 15th of last month, but adjusted the schedule at the request of President Lee’s legal team, citing the presidential campaign as the reason. Subsequently, the hearing was postponed to June 18.

However, with this latest decision, the public hearing schedule has again become uncertain. The trial, which was expected to be the first since the president's inauguration, ultimately did not take place.

Legal Community on Alert for Future Procedures… Signs of Political Controversy Intensifying

This decision by the court goes beyond a simple schedule change, as it may provoke interpretational debate surrounding the substantive application and scope of the constitutional provision granting the president immunity from prosecution.

In particular, since the court explicitly mentioned 'Article 84 of the Constitution' in announcing the date change, there are rising concerns within the political sphere about the possibility of halting the trial or long-term postponements in the future.

The Public Official Election Act violation case against President Lee Jae-myung originated from remarks he made during a TV debate while he was a candidate for Gyeonggi Province governor in the 2020 local elections, in relation to his 'prosecutor impersonation case', which raises the question of whether it constitutes the dissemination of false facts.

The case was sent back to the Seoul High Court after being retried by the Supreme Court.

Image Source: President Lee Jae-myung / News1, News1