Handonghun Targets Lee Jaemyung Again: "Even a Suspended Sentence After Presidential Election Leads to Job Loss"

Two Consecutive Days Targeting 'Lee Jae-myung Judicial Risk'

Han Dong-hoon, former Emergency Response Committee Chairman of the People Power Party, targeted Lee Jae-myung, leader of the Democratic Party of Korea, for two consecutive days. He pointed out that if a criminal defendant in an ongoing trial becomes president, even a confirmed suspended sentence would result in loss of office.

Former Emergency Response Committee Chairman of the People Power Party, Han Dong-hoon. Photo by Jo Yong-jun jun21@

On the 9th, former Chairman Han wrote on Facebook, “I believe that ongoing criminal trials do not stop just because the criminal defendant becomes president.” He explained, “The Constitution separately stipulates impeachment prosecution and impeachment trials, and the Supreme Court also distinguishes between criminal prosecution and criminal litigation in terminology, so the ‘prosecution (訴追)’ mentioned in Article 84 of the Constitution is understood to mean only the initiation of a lawsuit.”

Article 48 of the Constitution states, “The president shall not be subject to criminal prosecution during the term of office, except in cases of treason or bribery.” Former Chairman Han seems to have judged that while new criminal charges cannot be filed against the president, continuing criminal proceedings already underway is not problematic.

Former Chairman Han said, “Although some scholars see it differently, putting that aside, I don’t think our Constitution seriously considered the surreal situation where a criminal defendant on trial for a serious crime tries to become president,” adding, “That is also why it has never even been a serious topic of debate in academia.” He continued, “If a criminal defendant becomes president and even if it is not an election crime, if a suspended sentence is confirmed, the presidency is lost,” and “A new election must be held. The sentence given to former Gyeonggi Province Deputy Governor Lee Hwa-young for crimes such as illegal remittance to North Korea was 9 years and 6 months in prison.”

Under the current election law, elected officials such as the president, members of the National Assembly, and mayors lose their office if they are sentenced to a fine of 1 million won or more for violations of the Political Funds Act or the Public Official Election Act. Alternatively, if they are sentenced to imprisonment or higher and the sentence is confirmed by the Supreme Court, they lose their eligibility to run for office.

Former Chairman Han also pointed out the day before, “It is a surreal situation where the major opposition party is trying to delay the trial by any means to make a criminal defendant president.”

With Lee’s close aide, former Deputy Governor Lee, receiving a heavy sentence, the legal community sees a high possibility that the prosecution will intensify investigations targeting Lee Jae-myung. Lee is currently facing three trials simultaneously related to Daejang-dong, Wirye New Town, Baekhyeon-dong, Seongnam FC, a perjury coaching case involving impersonation of a prosecutor, and violations of the Public Official Election Act. Among these, first-instance rulings on the perjury coaching and election law violation cases are likely to be issued within this year. In political circles, there is an interpretation that former Chairman Han is asserting his presence by focusing on criminal justice issues, his area of expertise, while targeting Lee Jae-myung.