Lee Jae-myung, Facing Appeal Trial for Election Law Violation, Requests 'Constitutional Review Referral' to Court

If the Court Accepts the Request, Trial Will Be Suspended Until the Constitutional Court's Decision
Prosecution Also Submits Opinion
Ruling Party Criticizes as "Blatant Trial Delay Tactic"

Lee Jae-myung, leader of the Democratic Party of Korea, filed a request for a constitutional review of the relevant legal provisions ahead of the appeal trial for the violation of the Public Official Election Act on the 23rd.

According to the legal community on the 22nd, Lee submitted a request for a constitutional review of Article 250, Paragraph 1 of the Public Official Election Act to the Criminal Division 6-2 of the Seoul High Court (Presiding Judges Choi Eun-jung, Lee Ye-seul, and Jung Jae-oh), which is handling his election law case. The prosecution is also reported to have submitted related opinions on the same day.

Article 250, Paragraph 1 of the Public Official Election Act stipulates that "If a person publicly announces false facts regarding a candidate, the candidate’s spouse, direct ascendants or descendants, or siblings’ birthplace, family relations, status, occupation, career, property, or support from a specific person or organization, by means of speeches, broadcasts, newspapers, communications, magazines, posters, etc., for the purpose of being elected or causing election, they shall be punished by imprisonment of up to five years or a fine of up to 30 million won."

A constitutional review is a system that judges whether a law complies with the Constitution, and if it is deemed unconstitutional, the law loses its effect. When the constitutionality of a specific law becomes a premise of a trial, the court handling the case may, either ex officio or upon a party’s request, refer the constitutional review to the Constitutional Court.

When the court decides to refer the constitutional review and sends the decision to the Constitutional Court, the review procedure proceeds, and the trial for the case is suspended until the Constitutional Court’s decision is made. If the court dismisses the request, the party may file a constitutional complaint with the Constitutional Court.

In response, the People Power Party criticized Lee’s request for a constitutional review ahead of the appeal trial for the Public Official Election Act violation charges as a blatant tactic to delay the trial. Joo Jin-woo, legal advisory committee member of the People Power Party, said in a statement, "The day before Lee’s trial, the prosecutor in charge submitted the prosecution’s opinion on the request for constitutional review," adding, "This means the defendant has applied for a constitutional review of the punishment provisions of the Public Official Election Act and is blatantly employing a trial delay tactic."

Lee was sentenced to one year in prison with a two-year probation in the first trial for the election law violation case on November 15 last year. On the 17th of this month, he also submitted seven witness application forms to the court. If Lee’s sentence is confirmed by the Supreme Court, he will lose his parliamentary seat and be disqualified from running for office for the next ten years.