Today Lee Jae-myung Arrest Motion Vote... 'Aftermath of Rejection' Approaches

Park Hong-geun "The day they attempted judicial murder" Despite ballot crackdown
Concerns over prolonged judicial risks within the party
Ruling party "Will witness the fall of the activist faction" attacks on the armored National Assembly

As the arrest motion against Lee Jae-myung, leader of the Democratic Party of Korea, is set to be voted on in the plenary session of the National Assembly on the afternoon of the 27th, it is widely expected that the motion will be rejected as the Democratic Party, holding 169 seats, has reached a consensus at the recent party meeting. However, the real issue lies afterward. There are concerns that the longer Lee Jae-myung’s judicial risks persist, the greater the burden on the Democratic Party will become. Although the non-Lee faction within the party is also expected to support the 'rejection' this time, they emphasize that after the rejection, Lee and the party leadership must make a decisive move to secure victory in the general election, drawing attention to the political situation following the rejection.

Lee did not mention the vote on his arrest motion during the morning’s Supreme Council meeting. However, he strongly criticized President Yoon Seok-yeol’s decision to appoint Jeong Soon-shin as head of the National Investigation Headquarters, demanding that "President Yoon apologize."

Park Hong-geun, the floor leader, took charge of vote management. At the meeting, Park raised his voice, saying, "Today will be recorded as the day when Yoon Seok-yeol’s prosecutorial dictatorship attempted 'judicial murder' to imprison the opposition leader who was the president’s rival a year ago and is now the leader of the largest opposition party in the National Assembly." He added, "We will firmly block the arrest motion against Lee Jae-myung," and emphasized, "The Democratic Party, as a party upheld by proud democrats, will stop the tyrannical rule of Yoon Seok-yeol’s prosecutorial dictatorship and prevent the regression of history."

The arrest motion against Lee will be passed if a majority of the total members are present and a majority of those present vote in favor. If passed, a date will be set for the court’s pre-arrest suspect hearing (warrant review).

Conversely, if the arrest motion is rejected, the warrant will be dismissed as is. Although the Democratic Party did not adopt a party stance on Lee’s arrest motion at the party meeting on the 21st, they reached a consensus to reject it. In theory, the Democratic Party alone, with its 169 seats, can reject the motion. While the possibility of passage cannot be ruled out if the People Power Party (115 seats), Justice Party (6 seats), and Transition Korea (1 seat) all vote in favor and there are defections within the party, the non-Lee faction is currently inclined to agree to rejection, citing the unfairness of the prosecution’s warrant request. Seol Hoon, a leading figure of the non-Lee faction, previously urged at the party meeting, "Let’s unanimously reject it," which, despite differing underlying reasons, appears to emphasize rejecting the current arrest motion.

Lee Jae-myung, leader of the Democratic Party of Korea, is attending the Supreme Council meeting held at the National Assembly in Yeouido, Seoul on the 27th. Photo by Hyunmin Kim kimhyun81@

However, the problem arises after the rejection. The party will inevitably face criticism as a 'shield party.' The People Power Party has already launched sharp attacks since the morning, anticipating the rejection of Lee’s arrest motion. At the emergency committee meeting, Jeong Jin-seok said, assuming the motion is rejected, "People will later say that the vote on Lee Jae-myung’s arrest motion on February 27, 2023, ended the fate of the 1987 regime," and criticized, "Today, we will witness the shabby and grotesque downfall of the 386 activist generation."

Floor leader Joo Ho-young also said at the meeting, "Today’s vote is the day when the Democratic Party decides whether it is a party that can use the name 'democracy,' whether it will keep its pledge to give up immunity from arrest, whether each member has the wisdom as a constitutional institution, and whether it is a party that fights against public opinion or serves it," adding, "I hope there will be a decision that is not shameful before history and the people."

The two parties also clashed once over the start date of the March extraordinary session of the National Assembly, which begins next month. The People Power Party, which proposed starting on the 6th, fiercely criticized the Democratic Party’s plan to start the session immediately on March 1, a holiday, calling it a "shield parliament." Article 44, Paragraph 1 of the Constitution stipulates that members of the National Assembly cannot be arrested or detained without the Assembly’s consent during a session. Therefore, if the February extraordinary session ends on the 28th and the March session begins immediately on March 1, Lee’s immunity from arrest will continue without interruption.

Moreover, the prosecution’s arrest motion is not expected to be a one-time event, meaning Lee’s judicial risks could be prolonged. Ultimately, the burden may extend until next year’s general election, increasing calls for Lee and the party leadership to make a decisive move. A member of the non-Lee faction said, "I believe Lee himself will decide in a way that helps the party win the general election. I think he is desperate," adding, "Because the Democratic Party must win this historic responsibility in the upcoming general election, I trust that he will act in a way that fulfills this historic duty."

Some have also called for Lee’s resignation. The continued mention of senior Democratic Party figures such as Lee Nak-yeon, Chung Sye-kyun, Kim Boo-kyum, and Park Young-sun is seen as part of this trend. However, the likelihood of Lee’s leadership continuing remains higher for now. A Democratic Party official said, "Currently, the party leadership, mainly the pro-Lee faction, does not seem willing to relinquish control," adding, "It is uncertain how calculations among members will change ahead of the general election, but not yet."

On the same day, Jeong Seong-ho, a leading figure of the pro-Lee faction, drew a line against calls for Lee’s resignation on MBC Radio, saying, "The majority of party members and supporters agree that for the time being, Lee should remain at the center to block the reckless actions of the Yoon administration and the prosecution, and maintain a united front, so demanding the party leader’s resignation is very inappropriate." He emphasized, "This is an issue to be considered after the prosecution’s oppressive investigation ends."