Ministry of Justice Submits Arrest Consent for Lee Jae-myung to National Assembly... Plenary Session Vote Expected on 27th

[Asia Economy Reporter Kim Daehyun] The Ministry of Justice submitted a request for consent to arrest Lee Jae-myung, the leader of the Democratic Party of Korea, who is accused of breach of trust involving approximately 490 billion won, to the National Assembly on the 21st. It is expected to be reported at the plenary session of the National Assembly on the 24th and then put to a vote at the plenary session three days later on the 27th.

Lee Jae-myung, leader of the Democratic Party of Korea, is holding a hand placard and shouting slogans with attendees at the emergency joint meeting of nationwide regional committee heads and members of the National Assembly held on the 17th at the National Assembly Members' Office Building in Yeouido, Seoul. Photo by Hyunmin Kim kimhyun81@

On the morning of the same day, the Ministry of Justice sent Lee’s request for consent to arrest, which the Seoul Central District Court submitted to the prosecution on the 17th, to the National Assembly after approval by President Yoon Seok-yeol.

Previously, the Seoul Central District Prosecutors’ Office Anti-Corruption Investigation Division 1 (Chief Prosecutor Eom Hee-jun) and Division 3 (Chief Prosecutor Kang Baek-shin) requested an arrest warrant for Lee on charges including breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes, violations of the Conflict of Interest Prevention Act and the Anti-Corruption Act, bribery under the Act on the Aggravated Punishment of Specific Crimes, and violations of the Act on the Regulation of Concealment of Crime Proceeds.

Lee is currently a sitting member of the National Assembly. The court can hold a pre-trial detention hearing only if the National Assembly passes the consent to arrest motion. Article 44, Paragraph 1 of the Constitution stipulates the privilege against arrest for members of the National Assembly, stating that "Members of the National Assembly shall not be arrested or detained without the consent of the National Assembly during a session, except in cases of flagrante delicto."

Also, Article 26, Paragraph 1 of the National Assembly Act (Procedure for Requesting Consent to Arrest) states, "When seeking the consent of the National Assembly to arrest or detain a member, the presiding judge of the competent court must submit a request for consent to arrest to the government before issuing a warrant, and the government, upon accepting it, must promptly request consent to arrest from the National Assembly by attaching a copy thereof."

The Speaker of the National Assembly, upon receiving the request, must report it at the first plenary session and hold a plenary session within "24 hours after the report and within 72 hours" to conduct a secret ballot vote.

The ruling and opposition parties have agreed to hold plenary sessions on the 24th and 27th. Accordingly, after the consent to arrest motion is reported to the National Assembly on the 24th, it is expected to be put to a vote on the 27th. If a majority of the total members are present and a majority of those present vote in favor, the motion will be approved.