Second Trial Expected to Begin for Violation of Public Official Election Act
Risk of Ssangbangwool's North Korea Remittance Suspicion Expands
The judicial risk faced by Lee Jae-myung, leader of the Democratic Party of Korea, which had been overshadowed by the impeachment crisis of President Yoon Suk-yeol, is reigniting. Following the first trial in which he was sentenced to a 'suspended prison term' for violating the Public Official Election Act, former Gyeonggi Province Peace Deputy Governor Lee Hwa-young was recently found guilty in the appeal trial on allegations of remitting funds to North Korea on behalf of Ssangbangwool Group. This ruling is widely expected to influence Lee's trial, who is suspected in the third-party bribery case related to Ssangbangwool's remittance to North Korea.
On the afternoon of the 19th, Lee received a notice of receipt of litigation records related to the appeal trial for the Public Official Election Act violation case at the National Assembly Members' Office Building. According to the Criminal Procedure Act, the case officially begins only when Lee or his lawyer receives the notice of receipt of litigation records. Previously, the court sent appeal-related documents to Lee twice by mail, but when delivery failed, court staff reportedly visited the National Assembly in person.
With Lee receiving the appeal-related documents, the second trial procedure for the Public Official Election Act violation charges is expected to commence soon. In the first trial held on the 15th of last month, the court sentenced him to one year in prison with a two-year suspension. If this ruling is finalized in the Supreme Court, Lee will lose his parliamentary seat and be disqualified from running for office, dealing a fatal blow to his presidential ambitions.
Contrary to expectations, after receiving a heavy sentence in the first trial, Lee appears to have become more cautious. He is currently putting great effort into appointing an appeal lawyer. In response, the People Power Party accused him of trying to delay the trial under the pretext of appointing a lawyer and even submitted a 'petition to prevent trial delay' to the court to apply pressure. The Supreme Court also notified each court to comply with regulations that require the first trial in election law violation cases to conclude within six months of indictment, and the second and third trials to be completed within three months each.
Lee's judicial risk is expected to be the biggest hurdle ahead of the early presidential election next year. The appeal trial for the Public Official Election Act violation must be concluded by February 15 next year. Following that, there are pending trials for the appeal on charges of perjury instruction, allegations of misuse of Gyeonggi Province corporate cards, corruption in the Daejang-dong development project, illegal donations to Seongnam FC, and the Ssangbangwool North Korea remittance allegations. Ultimately, Lee must prepare simultaneously for the presidential race and his judicial risks next year. Political commentator Park Sang-byeong said, "Public opinion will judge his (presidential) candidacy depending on the outcome of Lee's appeal trial."
The risk related to the Ssangbangwool North Korea remittance trial is also expanding. The day before, the Suwon High Court upheld the original verdict in the appeal trial against former Gyeonggi Deputy Governor Lee Hwa-young, sentencing him to seven years and eight months in prison, a fine of 250 million won, and a confiscation of 325.95 million won. In this case, the former deputy governor is accused of receiving political funds and bribes amounting to about 334 million won from Ssangbangwool Group over four years from 2018 to 2022, as well as conspiring in Ssangbangwool's $8 million remittance to North Korea.
The key point is the interpretation gaining traction that the court recognized the allegation that Ssangbangwool paid $3 million in North Korea travel expenses on behalf of then-Gyeonggi Governor Lee during this trial. However, the third-party bribery trial is currently suspended because Lee's side filed a motion to disqualify the judge of the Criminal Division 11 of Suwon District Court. Lee has repeatedly emphasized that the Ssangbangwool North Korea remittance case is "an absurd falsehood."
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