Application of Article 84 of the Constitution… 'Considering the stability of national administration'
The trial regarding President Lee Jae-myung's alleged misuse of a corporate credit card has been postponed. Among five criminal trials, four have halted their proceedings around the presidential election, including the retrial for violations of the Public Official Election Act and the Daejangdong case. All trials, except for the Ssangbangwool North Korea remittance case, have virtually come to a standstill.
On the 1st, the Criminal Division 11 of Suwon District Court (Chief Judge Song Byeong-hoon) stated during the 4th preparatory hearing for the case concerning President Lee, former Chief of Staff Jeong Mo, and former special official Bae Mo, that "Defendant Lee Jae-myung was elected as the 21st president on June 3, representing the state as the head of the nation," and that "to guarantee the continuity of national duties and administration as stipulated by the Constitution, the court date will be scheduled later."
'While Article 84 of the Constitution was not directly referenced, the intention was reflected'
The court did not directly mention Article 84 of the Constitution that day. However, it is interpreted as a decision reflecting the legal intent of ensuring national stability.
Article 84 of the Constitution states that "The president shall not be subject to criminal prosecution during their term of office, except in cases of insurrection or treason."
Previously, last month, the courts for President Lee's retrial for violations of the Public Official Election Act, as well as for the Daejangdong, Baekhyeondong, Wirye development corruption and Seongnam FC allegations, also set tentative court dates (to be scheduled later) for the same reasons. A tentative date implies that no next trial schedule has been set, and the trial will not proceed until the court designates a date.
Only co-defendant trials will resume in August… 'Questions about discovering substantial truth'
On that day, the court designated the next trial date for co-defendants former chief of staff Jeong and Bae to be on August 27 at 11:30 AM.
The presiding judge acknowledged the defense attorneys' claims that "there are issues with the right to defend Lee Jae-myung when co-defendant trials proceed" but noted that "if the trial is delayed until the co-defendant trial, it may not be held until five years later, reducing witness memory and making it difficult to uncover the substantial truth." He added, "If any issues arise during the process, we will decide on whether to proceed with the trial at a later date."
Consequently, during President Lee's term, the trial against him will be paused while other defendants' trials will proceed separately.
Possibility of suspension for the Ssangbangwool North Korea remittance case
Among the five cases against the president, three, including the retrial for violations of the Public Official Election Act and the Daejangdong case, have essentially been halted since the presidential election. The second trial for the perjury case has not been scheduled since it was tentatively set on May 12.
The remaining trial for the Ssangbangwool North Korea remittance case is currently undergoing preparatory procedures in the same court. Unless there are significant developments, it is highly likely that this trial will also be suspended. The preliminary hearing for the Ssangbangwool case is scheduled for the 22nd of this month.
Image source: President Lee Jae-myung / News1, News1
