[2024 National Audit] Judiciary Committee Lee Jae-myung Dispute... Ruling Party "Trial Delay" vs Opposition "Illegal Investigation"

Ruling Party: "The principle is 6 months for the first trial of the Public Official Election Act, but Lee Jae-myung took 799 days"
Opposition: "Perjury is not subject to prosecution... Violation of the Prosecutors' Office Act"
Chief Justice: "Increasing the number of judges is necessary for swift and thorough trials"

From the first day of the National Assembly Legislation and Judiciary Committee's audit, a confrontation between the ruling and opposition parties unfolded over the trial of Lee Jae-myung, leader of the Democratic Party of Korea. The ruling party pointed out the issue of trial delays concerning Lee, while the opposition countered that the prosecution's investigation into Lee was illegal.

Chief Justice Cho Hee-dae is delivering a greeting at the National Assembly's Legislation and Judiciary Committee's audit of seven institutions including the Supreme Court on the 7th. Photo by Hyunmin Kim kimhyun81@

On the 7th, Song Seok-jun, a member of the People Power Party, stated during the judiciary committee audit, "There are four ongoing trials related to Lee, and the verdict for the charge of violating the Public Official Election Act by false statements is expected soon." He added, "The verdict for the perjury coaching charge is also scheduled for the 25th of next month. Regardless of how important the individual under investigation is, shouldn't judicial justice be carried out fairly and strictly?" He emphasized, "The trial delay has been serious," and "The principle for the first trial of the Public Official Election Act is six months, but Lee's case took as long as 799 days." In response, Cheon Dae-yeop, head of the Court Administration Office, replied that they would do their best regardless of whether the case is big or small.

Jang Dong-hyuk, a former judge and member of the People Power Party, pointed out, "In election cases, Article 270 of the Public Official Election Act stipulates that the first trial should be concluded within six months after indictment, and the second and third trials within three months after the previous trial. This is a mandatory provision, but the court has interpreted it as a guideline, which is wrong." He continued, "Recently, Chief Justice Cho Hee-dae also said that viewing it as a guideline is wrong and that it should be corrected as a literal provision." He added, "Even if there are many testimonies and hearings, efforts to shorten the trial through concentrated hearings are necessary. Since the appellate and supreme court trials are more of a review nature, the three-month rule must be observed."

Kwok Kyu-taek, from the same party, said, "From the public's perspective, there is suspicion that the court is deliberately delaying the trial by accepting all witness requests or that the trial is being delayed simply because the defendant is the leader of a major opposition party." He questioned the Supreme Court, asking, "Why is there no concentrated hearing for Lee's case?"

Opposition party members pointed out the illegality of the prosecution's investigation into Lee. Park Gyun-taek, a Democratic Party member, criticized, "Perjury is not subject to independent investigation by the prosecution. The prosecution violated the Prosecutors' Office Act." He criticized the prosecution's investigation and indictment of Lee's perjury coaching case as fundamentally wrong.

Chief Justice Cho Hee-dae is delivering a greeting at the National Assembly's Legislation and Judiciary Committee's national audit of seven institutions, including the Supreme Court, held on the 7th. Photo by Kim Hyun-min kimhyun81@

Jeon Hyun-hee, a Democratic Party member, regarding Lee's charge of violating the Public Official Election Act, said, "During the last presidential election, candidate Yoon Seok-youl denied having any acquaintance with Kim Man-bae, who was then a reporter covering the prosecution, but despite sufficient circumstances to know him personally, he was not prosecuted." She added, "During the 20th and 21st general elections, those charged with violating election laws by false statements mostly received fines of 700,000 to 800,000 won from the prosecution." In response, Cheon said, "As you said, we are carefully judging guilt or innocence regarding false statements under the Public Official Election Act." He added, "Generally speaking, there is a difference from previous sentencing cases, but ultimately, the court will judge based on the substance of the case," expressing a reserved stance.

At the audit, the Supreme Court emphasized the need to increase the number of judges for faster trials. Chief Justice Cho Hee-dae said, "Despite various efforts by the judiciary itself, the number of judges in our country is significantly insufficient compared to other countries, presenting a fundamental limitation." He earnestly requested, "We sincerely ask for much interest and support for increasing the number of judges and necessary personnel so that the public can receive prompt and thorough trials."