Lee's Appeal Trial for Public Official Election Act
"Violation of the Principle of Clarity, Unconstitutional"
Prosecution: "No Concern for Arbitrary Interpretation"
Lee Jae-myung, leader of the Democratic Party of Korea, is attending the Supreme Council meeting held at the National Assembly on the 5th. Photo by Kim Hyun-min
Lee Jae-myung, leader of the Democratic Party of Korea, stated that he requested a "constitutional review referral" in the appeal trial for violating the Public Official Election Act because "the current election law provisions are unclear and broad." On the other hand, the prosecution argued, "It is difficult to see that a person with sound common sense and ordinary legal sentiment would interpret (the false information publication crime) arbitrarily. The defendant's request should be dismissed."
The Criminal Division 6-2 of the Seoul High Court (Presiding Judge Choi Eun-jung) held the second appeal trial on the 5th for Lee, who was indicted for false information publication under the election law. Lee's defense attorney claimed, "Among the media specified in Article 250, Paragraph 1 of the Public Official Election Act, the only medium where something can be broadcast spontaneously and continuously is broadcasting, while the others are announcements that are prepared, intended, and sufficiently verified in advance, so it is unclear because broadcasting and (other media) are not distinguished."
He also said, "There must have been numerous acts, but when asked about a specific one, it must correspond to the facts, so it is not only intentional acts that are punishable," and "the principle of clarity restricting freedom of expression has not been secured." In response, the court said, "Precedents interpret the 'act' in the relevant provision not as all acts in daily life from birth to now, but as current activities that affect the election."
The prosecution countered, "In the crime of false information publication, 'act' is limited not to all acts in daily life but to matters that could influence voters' fair judgment regarding character, ability, etc.," and "The Constitutional Court previously ruled that the prohibition of false information publication does not violate the principle of clarity."
On this day, the court conducted an investigation of documentary and video evidence. It confirmed the examination of three witnesses requested by Lee and reserved one. The prosecution's request to summon Kim Dae-sung, the younger brother of the late Kim Moon-gi, head of Development Division 1 at Seongnam Urban Development Corporation, was dismissed. The next trial is scheduled for the 12th.
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