[Law & Story]Delayed Justice

Yoon Mi-hyang Loses Parliamentary Seat After Term Ends
Court Rulings for Lee Jae-myung Expected Soon
Verdict Needed Before 2027 Presidential Election

Seokjin Choi, Legal Affairs Reporter

Former Democratic Party lawmaker Yoon Mi-hyang, who embezzled tens of millions of won in donations meant for comfort women victims of the Japanese military, was sentenced on the 14th to 1 year and 6 months in prison with a 3-year probation confirmed.

In September 2020, early in her term, she was brought to trial on eight charges including fraud, embezzlement in the course of duty, and violation of the Subsidy Act. However, under the Supreme Court Chief Justice Kim Myeong-su, appointed by former President Moon Jae-in of the Democratic Party, the first trial court dragged the case for 2 years and 5 months and only recognized the embezzlement charge of about 17 million won as guilty, sentencing her to a fine of 15 million won.

At that time, Democratic Party lawmakers collectively criticized the prosecution's investigation and offered a relay apology to her, saying "We are sorry for not being able to protect you." Representative Lee Jae-myung also apologized, saying, "Even I, who was equally targeted by the prosecution and fake news, doubted her, so how unfair must it have been for her to have her entire life denied and become a demon? I am sorry."

In the second trial, several charges that were acquitted in the first trial were overturned to guilty, and a prison sentence corresponding to loss of parliamentary seat was handed down. However, it took 1 year and 2 months for the Supreme Court to confirm this, allowing former lawmaker Yoon to safely complete her term as a member of the National Assembly as if nothing had happened six months earlier. While over four years passed without a confirmed sentence on charges including illegally collecting condolence money for comfort women victims and using it for other purposes, she even attended events hosted by the pro-North Korean organization General Association of Korean Residents in Japan (Chongryon) as an active lawmaker.

There is a similar case. Former lawmaker Choi Kang-wook of the same party, who wrote a false internship certificate for the son of Cho Kuk, leader of the Innovation Party, took 3 years and 8 months until his disqualification sentence was confirmed. While the Supreme Court held the case for 1 year and 3 months without conclusion, he served 3 years and 4 months of his 4-year term. Lawmaker Hwang Un-ha, indicted for interference in the Ulsan mayoral election, took 3 years and 10 months to receive a 3-year prison sentence in the first trial, completed his full 4-year term, was re-elected, and is still undergoing the second trial as an active lawmaker.

Cho Kuk, leader of the Innovation Party, who was indicted on charges including admission fraud involving his children and sentenced to 2 years in prison in the second trial, declared that he will continue his political activities even if his guilt is confirmed by the Supreme Court. He formed a party, was elected as a member of the National Assembly, and is currently active. If he receives a confirmed sentence that results in loss of his parliamentary seat, his seat will be succeeded by another candidate according to the proportional representation order of the Innovation Party.

Former lawmakers Yoon and Choi, lawmaker Hwang, and leader Cho all share the commonality of completely denying their charges and criticizing the prosecution's investigation. Lawmaker Hwang even said, "If the investigation and prosecution had been separated, I would never have been indicted," and "The prosecution wrote a fictional indictment and forcibly fitted it to indict me."

Starting with the false statement charge under the Public Official Election Act on the 15th, court judgments on the perjury coaching, Daejang-dong, Baekhyeon-dong, Wirye New Town development corruption, Seongnam FC illegal donations, and North Korean remittance cases involving Representative Lee Jae-myung are expected to be announced one after another.

It is unknown whether all charges will be acquitted or some will be recognized as guilty, but if Representative Lee is confirmed to have violated election laws with a fine of 1 million won or more, or receives a prison sentence including probation for other charges, his eligibility to run for public office will be restricted for a certain period.

There are still 2 years and 4 months left until the March 2027 presidential election.

At the very least, it is hoped that the presidential election will not be held under uncertain circumstances regarding whether the main opposition party’s candidate is eligible to run or not. Delayed justice is not justice.