Lee Jae-myung Trapped in the "Swamp of Trials"... Democratic Party Faces Intensified Controversy over 'Party Charter Article 80'

The 'judicial tsunami' surrounding Lee Jae-myung, leader of the Democratic Party of Korea, has begun in earnest. On the 22nd, the prosecution indicted Lee without detention in connection with preferential treatment in the Wirye and Daejang-dong development projects and donations to Seongnam FC, and it is expected that Lee's court appearances will become more frequent. As concerns initially raised mainly by the non-Lee faction about 'the inability to smoothly conduct party affairs if Lee is elected' have become more apparent, attention is turning to whether the controversy over 'Article 80 of the Party Constitution' will reignite within the party.

After concluding the party's Supreme Council meeting on the morning of the same day, Lee made additional remarks targeting the prosecution indicting him, stating, "This is not surprising at all. It was already expected." Lee said, "The Daejang-dong case is a prosecution gate that surfaced eight years ago," and added, "My indictment is, as I have said several times before, a 'preordained indictment'." Earlier, the prosecution announced that Lee was indicted without detention on charges including violations of the Act on the Aggravated Punishment of Specific Economic Crimes, the Conflict of Interest Prevention Act, and the Anti-Corruption Act.

Lee emphasized, "With this indictment by the prosecution, the prosecution's time ends, and the court's time begins," adding, "Although the indictment is predetermined, I will do my best in court to uncover the truth, and I believe that the truth will ultimately be revealed clearly and unmistakably."

Since the prosecution is also involved in allegations such as illegal remittances to North Korea and payment of legal fees on Lee's behalf, it is highly likely that the prosecution will frequently request summonses and consent for arrest regarding Lee. Because of this, concerns are arising about whether Lee will be able to carry out party affairs smoothly. Consequently, there is a strong possibility that the long-dormant controversy over 'Article 80 of the Party Constitution' will flare up again.

Article 80 of the Party Constitution stipulates that if a party official at any level is indicted on charges of corruption, their duties are suspended. Recently, it was reported that the party's Political Innovation Committee discussed whether to delete Article 80, sparking controversy, but it was settled with a statement saying, "No review or discussion has taken place, and to prevent futile controversy, the amendment of Article 80 is excluded from discussion."

Jin Sung-jun, the Democratic Party's senior deputy floor leader, appeared on SBS Radio that morning and, when asked about Lee's retention of the party leadership if indicted, said, "This is an unfair, forced indictment and part of political oppression, so the party leadership is not an issue to be discussed," adding, "The leadership position should be maintained." Regarding Article 80, which mandates suspension upon indictment, he said, "It applies depending on the corruption issue, but if it is due to political oppression, it does not (require suspension)," emphasizing, "There are provisions to prevent suspension through a resolution of the Party Affairs Committee. This does not conflict with Article 80."

This is interpreted as clearly stating that even if Lee is indicted without detention this time, he will not step down from the party leadership due to Article 80. According to the third clause of the revised Article 80 from last year, "In cases of political oppression or other unfair reasons, the Party Affairs Committee may decide otherwise," which serves as the basis for maintaining the party leadership.

Representative Woo Sang-ho also said on CBS Radio regarding Lee's indictment without detention, "This matter has already been defined as political oppression at the party's general assembly," and added, "According to Article 80, Clause 3, it will be defined as 'political oppression,' and the Party Affairs Committee will decide procedurally to maintain the party position." He further emphasized, "This matter is unlikely to become as serious a controversy as the media expects."

However, Kim Jong-min, a member of the non-Lee faction, criticized on BBS Radio, "There is distrust because Lee is suspected of trying to resolve his personal judicial issues by mobilizing the party." Regarding the application of Article 80, he said, "Decisions should be made through the judgment of the Secretary-General and resolutions of the Party Affairs Committee, not by Lee or his close aides making decisions and pushing them through."