The trial preparation date for the allegations of corporate card misuse against President Lee Jae-myung is scheduled to proceed as planned.
The court handling the case of President Lee Jae-myung's alleged misuse of the Gyeonggi Province corporate card has announced that the fourth trial preparation date will take place as scheduled on the 1st at 4:30 PM.
The 11th Criminal Division of the Suwon District Court (Presiding Judge Song Byeong-hoon) stated, "The Criminal Procedure Act distinguishes between 'trial' as a preparation procedure and trial procedure, limiting the actions that can be taken during the preparation procedure. It is a procedure conducted by the presiding judge to ensure efficient and focused examination, differing from the trial procedure in nature."
Furthermore, the court noted, "It cannot be said that the provisions regarding trial procedure under the Criminal Procedure Act are directly applicable to the trial preparation procedure."
The court emphasized, "Article 306 of the Criminal Procedure Act pertains to the 'suspension of the trial procedure,' which is clearly not a provision of the trial preparation procedure, and Article 266-9 Paragraph 2 of the same Act does not apply Article 306 to the trial preparation procedure."
The court explained, "The reasons for the suspension of trial procedures under the Criminal Procedure Act do not automatically translate to reasons for the suspension of trial preparation procedures."
The court is expected to discuss the designation of the next trial date during this preparation procedure.
Application of Article 84 of the Constitution and Differences with Other Cases
On the 29th, President Lee's defense attorney submitted a request for a subsequent designation of the trial preparation date to the 11th Criminal Division of the Suwon District Court. This appears to be based on the tentative scheduling of trial dates in President Lee's other criminal cases.
The 33rd Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jin-kwan), currently examining allegations against President Lee related to 'Daejangdong breach of trust, etc.,' decided on the 10th to apply Article 84 of the Constitution and set a tentative trial date.
The 7th Criminal Division of the Seoul High Court (Presiding Judge Lee Jae-kwon) also changed the trial date for the retrial of President Lee's election law violation case to a subsequent designation on the 9th.
Article 84 of the Constitution stipulates, "The President shall not be subject to criminal prosecution while in office, except for crimes of insurrection or treason."
In the two cases that were tentatively scheduled earlier, it seems that individual trial divisions judged that criminal proceedings included the initiation of prosecution.
However, the 11th Criminal Division of the Suwon District Court clearly distinguishes between trial and trial preparation procedures, allowing the preparation procedures to proceed. The previously scheduled two cases were either ongoing trial procedures or cases awaiting their first trial proceedings.
A Clear Distinction Between Trial and Trial Preparation Procedures
Meanwhile, President Lee is accused of personally using official vehicles and misusing a total of 100 million won for personal expenses, including purchasing fruits, sandwiches, and laundry costs with the Gyeonggi Province corporate card from July 2018 to October 2021 during his term as the governor of Gyeonggi Province.
President Lee's side denied the charges during the third trial preparation date held last month.
Image source: Suwon Court Complex / News1, President Lee Jae-myung / News1, reference images for understanding the article / gettyimagesbank
