Chairman Lee Joong-geun of Booyoung Files Retrial Appeal Following MB's Jewel Cancellation... Supreme Court "Dismisses"

Former Chairman Lee Joong-geun of Booyoung Group Photo by Yonhap News

[Asia Economy Reporter Seongpil Cho] The Supreme Court dismissed the rehearing petition filed by Lee Joong-geun, chairman of Booyoung Group, who appealed against the revocation of bail in the appellate court. A Supreme Court official stated, "This decision is the Supreme Court's first ruling on whether a stay of execution applies to a rehearing petition against the appellate court's decision to revoke bail."

The Supreme Court's Second Division (Presiding Justice No Jeong-hee) ruled on the 29th in the rehearing petition filed by Chairman Lee, who opposed the appellate court's decision to revoke bail, stating, "The appeal against the revocation of bail does not grant the effect of a stay of execution." Earlier, Chairman Lee was indicted on charges of embezzlement and breach of trust involving hundreds of billions of won, sentenced to 2 years and 6 months in prison with a fine of 100 million won in the appellate court, and was detained in court. Subsequently, the original ruling was confirmed by the Supreme Court in August, making this dismissal effectively meaningless.

However, this decision is significant in that it provides grounds to control cases where release occurs solely by opposing the appellate court's decision to revoke bail. Article 410 of the Criminal Procedure Act stipulates that "when an immediate appeal is filed, the execution of the relevant trial is suspended." An immediate appeal is one of the procedures to oppose a court's decision or order. It differs from a regular appeal in that it must be filed within a certain period. Under current law, a rehearing petition to the Supreme Court against a decision of the appellate court is classified as an immediate appeal.

Former President Lee Myung-bak used this legal principle to file a rehearing petition and was released six days after the appellate court's prison sentence in February this year. Chairman Lee followed the former president's case by raising an objection to the appellate court, but when it was not accepted, he filed a rehearing petition. However, the Supreme Court ruled on the day, "Even if it is an opposition to the same revocation of bail decision, if it is against the first trial's decision rather than the second trial, it may result in non-release on the grounds of being a regular appeal," and dismissed the petition.

Meanwhile, the Supreme Court also dismissed the former president's rehearing petition on the same grounds on the day. Regardless of the dismissal decision, the former president's main case confirmed a prison sentence of 17 years and a fine of 13 billion won, and he is scheduled to be re-incarcerated on the 2nd of next month.