Lee Jae-myung Party Leader Suspension Injunction Hearing... "Skipping Party Affairs Committee" vs "Autonomy of Political Parties"

Lee Jae-myung, leader of the Democratic Party of Korea, faced a legal battle in a provisional injunction trial to suspend his party leadership duties, filed once again by a party member, following additional indictments related to preferential treatment allegations in the Baekhyeon-dong development case.

Lee Jae-myung, leader of the Democratic Party of Korea, is speaking at the Supreme Council meeting held at the National Assembly on the 29th. Photo by Hyunmin Kim kimhyun81@

The Seoul Southern District Court Civil Division 51 (Chief Presiding Judge Kim Woo-hyun) held a hearing at 2 p.m. on the 29th regarding the provisional injunction to suspend Lee’s duties, requested by Democratic Party member and current affairs YouTuber Baek Gwang-hyun and others. During the trial, Lee’s side and Baek’s side presented strong opposing arguments. The Democratic Party’s legal representative also participated as an auxiliary party in the trial. An auxiliary party is not a party to the lawsuit but may participate to assist one side due to having an interest in the outcome.

The main issue was how to interpret Article 80 of the Democratic Party’s constitution (sanctions against those involved in corruption). According to Paragraph 1 of Article 80, the Secretary-General may suspend the duties of any party official indicted for violations related to corruption at the time of indictment and request an investigation by the Ethics Tribunal at each level. Paragraph 3 states that notwithstanding Paragraph 1, if it is recognized that there are unjust reasons such as political oppression, a different decision may be made through a resolution of the Party Affairs Committee.

Baek’s side pointed out, “(Regarding Article 80) last time, even if hastily, the Party Affairs Committee was convened, but this time it was omitted altogether despite no difference in circumstances, and the respondent must explain this omission in some form.” On the other hand, the Democratic Party’s side argued, “There is no need to explain here why the Party Affairs Committee was not convened; this is within the party’s autonomy.” They also stated that the need to preserve the party leader’s duties remains, especially with the general election approaching, even after the first provisional injunction was dismissed.

Lee Jae-myung, leader of the Democratic Party of Korea, is reviewing documents at the National Defense Committee plenary meeting held at the National Assembly on the 23rd. Photo by Kim Hyun-min kimhyun81@

There was also disagreement over the phrase that the Secretary-General can suspend the duties of party officials. Lee’s side argued that the suspension of duties is at the Secretary-General’s discretion, while Baek’s side claimed, “The amendment to include the phrase about the Secretary-General was not to grant overwhelming power but to soften the wording or add a different meaning,” and insisted that “the meaning of the party constitution has not been diminished.”

In their closing statement, Baek’s side said, “Article 80 of the party constitution serves not only as a warning to politicians against corruption but also as a provision that gives party members pride by showing that our party strictly suspends duties upon indictment.” They added, “No such authority to suspend duties has been granted to the Secretary-General, and if the Secretary-General appointed by the party leader holds such authority, Article 80 becomes meaningless.”

Conversely, Lee’s side stated, “The previous provisional injunction to suspend duties was also dismissed, and the right to be protected was not recognized,” and requested consideration of this fact. The Democratic Party’s side also said, “Paragraph 1 of Article 80 concerns whether a verdict has been made, not just the fact of indictment by the prosecution,” and added, “We understand that there is no automatic suspension of duties simply because of indictment.”

Earlier last month, Baek submitted a provisional injunction petition to the Seoul Southern District Court to suspend Lee’s party leadership duties following additional indictments related to preferential treatment in the Baekhyeon-dong development case. According to Baek, within three days of the petition, about 2,000 party members agreed with the suspension of the party leader’s duties. Baek had also filed a provisional injunction lawsuit in March to suspend Lee’s duties on charges of breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes, but the court dismissed it, stating that “there is no urgent circumstance to exclude from duties.”