Lee Jae-myung, Ahead of 2nd Trial for 'Election Law Violation,' Says "It Will Proceed According to Common Sense and Principles"

Possibility of Simultaneously Handling Supreme Court Review and Presidential Campaign

Lee Jae-myung, leader of the Democratic Party of Korea, said on the morning of the 26th as he attended the appellate trial's closing arguments for the Public Official Election Act case, "It is proceeding according to common sense and principles. The court will make a proper judgment."

According to political and legal circles, on this day, the prosecution and Lee's defense attorney at the Seoul High Court will each conduct questioning of Lee regarding the charges of violating the Public Official Election Act. After the questioning, the prosecution's sentencing recommendation and Lee's final statement are also scheduled. Previously, Lee was sentenced to one year in prison with a two-year suspension at the first trial held at the Seoul Central District Court in November last year for violating the Public Official Election Act.

The key issue is whether part of Lee's statement during a broadcaster interview in the 2021 20th presidential election process, where he said he "did not know the late Kim Moon-gi, former head of Development Division 1 at Seongnam Urban Development Corporation," is guilty. The first trial court ruled that the statements "I did not know Kim Moon-gi during my tenure as mayor of Seongnam" and "I came to know Kim Moon-gi after becoming governor of Gyeonggi Province and being indicted for violating the Public Official Election Act" could not be considered false statements related to the 'act' and acquitted him. However, the part stating "I did not play golf with Kim Moon-gi during an overseas business trip" was found guilty, as the court said, "He lied that he did not play golf with Kim Moon-gi during the overseas business trip taken with the purpose of winning the presidential election."

This second trial ruling is especially important for Lee because the possibility of an early presidential election before the Supreme Court's final ruling is increasing. Considering that the sentencing date is usually set about a month after the closing arguments, Lee is expected to receive the appellate court's verdict by the end of next month. In this case, until just before the presidential election, Lee is likely to continue facing attacks from rival candidates with the judicial risk label. Furthermore, if the early presidential election is confirmed, Lee may have to simultaneously handle the Supreme Court case review and election campaigning. Since Chief Justice Cho Hee-dae emphasizes compliance with Article 270 of the Public Official Election Act, which requires the Supreme Court to deliver a third trial verdict within three months of the second trial's ruling, the Supreme Court may proceed with a swift review.

Lee Jae-myung, leader of the Democratic Party of Korea, who is accused of breach of trust in the Daejang-dong case and bribery related to Seongnam FC, is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on February 14, 2025. Photo by Kang Jin-hyung

If Lee is found guilty in the second trial as in the first trial, the downward pressure on his stagnant approval ratings will increase, potentially strengthening calls for candidate replacement centered around the anti-Lee faction. Political commentator Park Sang-byeong analyzed, "(After the verdict) if Lee's approval rating drops significantly from the current level, there could be strong demands within the party for Lee to make a decision for regime change."

The People Power Party is also focusing on highlighting the judicial risks ahead of Lee's second trial result. Kwon Young-se, emergency committee chairman of the People Power Party, said the day before, "If (Lee) becomes president, the ongoing trials for charges already indicted must naturally continue," and added, "If a sentence that causes loss of the presidency is handed down, then naturally the presidency should be lost accordingly."

However, the Democratic Party is confident of Lee's acquittal in the second trial of the Public Official Election Act case. Spokesperson Han Min-su said on YTN Radio that day, "Many citizens see this as a wrongful indictment, an excessive investigation, and forced fitting of charges," and questioned, "If the majority of citizens had accepted and acknowledged the charges, would Lee have the current public support and expectations?" He argued that the trial result would not significantly affect Lee's presidential bid.