The Democratic Party proposes a bill to suspend the trial of a defendant elected as president… one day after the ruling to overturn Lee Jae-myung's conviction.

The Democratic Party of Korea has initiated a legal amendment aimed at suspending the trial of a defendant elected as president.

This move comes just one day after the Supreme Court overturned the conviction of Democratic Party presidential candidate Lee Jae-myung for violating the Public Official Election Act.

According to the National Assembly on the 2nd, 25 lawmakers, including Democratic Party member Kim Yong-min, have submitted a bill to amend the Criminal Procedure Act to suspend trial procedures when a defendant is elected in a presidential election.

The key provision of the amendment is the addition of a new paragraph to Article 306 of the Criminal Procedure Act stating that "when a defendant is elected as president, the court must suspend trial procedures through a decision from the day of election until the end of the term."

The Democratic Party explained the purpose of this bill by stating that it aims to ensure that the constitutional non-prosecution privilege is practically realized by suspending criminal trial procedures during the term of a defendant elected as president, as stipulated in Article 84 of the Constitution.

Concerns over the conflict between constitutional non-prosecution privilege and current laws

The Democratic Party emphasized that Article 84 of the Constitution prohibits the criminal prosecution of the president during their term, except in cases of insurrection or treason, to protect the constitutional duties of the president.

It noted, "In the current legal framework, if an ongoing criminal trial against a defendant elected as president continues, there is no clear legal basis for the court to suspend it."

Therefore, the party pointed out that "there could be a conflict between the constitutional non-prosecution privilege and the actual operation of trials, raising issues of failing to effectively implement the intent of the Constitution."

Additionally, the Democratic Party stated, "Continuing the trial could hinder the president's ability to perform duties, and the criminal justice institutions, which should maintain political neutrality, may face controversies regarding political neutrality by proceeding with trials against the president."

The bill was introduced right after the ruling that overturned the conviction of Lee Jae-myung, who was accused of violating the Public Official Election Act.

This legislative proposal was made immediately after the Supreme Court's en banc decision overturned the lower court's verdict, which had found the presidential candidate not guilty of violating the Public Official Election Act, with a majority opinion of 10 to 2.

The Supreme Court’s full bench stated, "The defendant (Candidate Lee)'s 'golf remarks' and 'Baekhyeondong remarks' concerning Kim Moon-ki are false facts regarding important matters that could significantly mislead voters' accurate judgment of public eligibility," and asserted that "such matters cannot be allowed under the name of the candidate's freedom of expression."

Immediately after the ruling, candidate Lee Jae-myung stated, "It is a ruling that is completely contrary to what I had thought," and emphasized that "what is important is that the law is a consensus of the people, and ultimately the will of the people is what matters the most."

This bill can be interpreted as an attempt to minimize the legal risks of the Democratic Party's presidential candidate before the elections. However, there are likely to be criticisms from the opposition regarding tailored legislation for specific individuals.

Legal debates regarding the scope and application of the constitutional non-prosecution privilege are also expected. The legal community has differing opinions on whether the suspension of ongoing criminal trials is a matter of constitutional interpretation, alongside the argument that it is necessary to clarify this through legislation. The prospects for the passage of this bill in the National Assembly and the ensuing constitutional debates are drawing attention.

Image source: Representative Park Chan-dae, the acting chairperson and floor leader of the Democratic Party for the 21st presidential election, and lawmakers shout slogans condemning the Supreme Court's ruling overturning the conviction of presidential candidate Lee Jae-myung for violating the Public Official Election Act during an emergency general meeting held at the National Assembly in Yeouido, Seoul, on May 1, 2025. / News1, Citizens watch a live broadcast of the Supreme Court ruling on the charge against Lee Jae-myung, the Democratic Party's presidential candidate for violating the Public Official Election Act, in the waiting room of Seoul Station on May 1, 2025. The Supreme Court ruled to overturn the conviction of Candidate Lee for violating the Public Official Election Act on this day. / News1