Two First-Trial Verdicts This Month Among Four Criminal Trials
Intentionality of Election Law Violation Remarks at Issue
Lee Emphasizes "Prosecutors Distorting Truth in Perjury Coaching Allegations"
Two first-instance verdicts are scheduled this month for two of the four criminal trials involving Lee Jae-myung, leader of the Democratic Party of Korea. Sentences are set for the Public Official Election Act violation case on the 15th and the perjury coaching case on the 25th. If Lee is found guilty of even one of these charges, it is expected to have a significant impact on his political career.
According to political and legal circles, Lee is currently facing four trials: charges of violating the Public Official Election Act, perjury coaching, allegations of corruption related to the Daejang-dong development, and illegal remittances to North Korea. Among these, if Lee receives a fine of 1 million won or more, or a prison sentence or higher in the first-instance verdicts this month for the Public Official Election Act violation and perjury coaching charges, and the verdicts become final, he will be deprived of his eligibility to run for office and his seat in the National Assembly for the next five years, making it difficult for him to challenge for the presidency. The other cases involving allegations of corruption in the Daejang-dong development and illegal remittances to North Korea are currently ongoing in the first-instance trials.
The key issue in the Public Official Election Act violation case hinges on whether Lee's statement was made with 'intent.' This case concerns a December 2021 interview, ahead of the presidential election, in which Lee stated that he 'did not know' Kim Moon-gi, the late head of the Development Division 1 at Seongnam Urban Development Corporation and a key figure in the Baekhyeon-dong development project. The question is whether this statement constitutes false information disclosure. The prosecution considers it false information disclosure and has sought the maximum sentence of two years in prison.
Opinions differ on whether the statement was made impulsively during the interview or intentionally. Some argue that Lee's statement was spontaneous and therefore difficult to punish as false information. Conversely, others believe the repeated nature of the statements indicates clear intent. Lee denies the charges entirely, claiming he only spoke about his 'subjective perception and memory' and that it was not false information. He explains that recognizing or not recognizing someone is subjective and lacks an objective standard.
Lee Jae-myung, leader of the Democratic Party of Korea, attended the first trial sentencing hearing on the charge of subornation of perjury held at the Seoul Central District Court in Seocho-gu on the 30th, responding to questions from the press. Photo by Jo Yong-jun jun21@
The perjury coaching charge originated during Lee's trial for false information disclosure in the 2018 Gyeonggi Province governor candidate election debate. Lee is accused of instructing Kim Mo, the former secretary to ex-Seongnam Mayor Kim Byung-ryang, to give false testimony. The case expanded after Kim Mo confessed to committing perjury at Lee's request.
Initially, Kim Mo admitted to phone calls with Lee during prosecution investigations but denied coaching perjury. Later, Kim changed his statement, admitting to perjury. Based on this, the prosecution sought a three-year prison sentence for Lee. Lee claims the prosecution is distorting the truth in this case. The Democratic Party believes the prosecution is focusing its investigation on the perjury coaching charge and is preparing a response. If found guilty, Lee is likely to receive either a prison sentence or a suspended sentence. According to the prosecution, 95% of perjury coaching offenders in the past six years have been sentenced to prison or suspended prison sentences.
Ahead of Lee's first-instance verdict, the Democratic Party is concentrating on judicial risk management, centered around the pro-Lee faction lawmakers' group, the 'The Yeomin' forum. The Yeomin side emphasizes that Lee only told Kim Mo, "Please speak as you remember, as it is. I am not asking you to say you saw something you did not," and denies any coaching of perjury.
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