Lee Jae-myung Election Law Case Acquitted After 131 Days...Second Trial Rules "Not False Information Disclosure" (Comprehensive)

Acquittal in Appeal Overturns First Trial Ruling on Loss of Parliamentary Seat
"Difficult to See as Claiming Not to Have Played Golf with Kim Moon-gi"
"'Baekhyeon-dong Ministry of Land Intimidation' Is an Expression of Opinion"
Judicial Risks Remain, but 'Green Light' for Next Presidential Election

Lee Jae-myung, leader of the Democratic Party of Korea, was acquitted in the appeal trial of the Public Official Election Act violation case. The first trial ruling, which sentenced him to lose his parliamentary seat, was overturned. As a result, Lee has partially relieved the judicial risk burden ahead of his bid for the next presidential election.

Lee Jae-myung, leader of the Democratic Party of Korea, who was acquitted in the appeal trial for violating the Public Official Election Act, is speaking after the second trial sentencing hearing on charges of violating the Public Official Election Act held at the Seoul High Court in Seocho-gu, Seoul on March 26, 2025. Photo by Joint Press Corps

The Criminal Division 6-2 of the Seoul High Court (Presiding Judges Choi Eun-jung, Lee Ye-seul, Jeong Jae-oh) held the second trial sentencing hearing for Lee's Public Official Election Act violation case and announced, "The original judgment is overturned, and the defendant is acquitted." In the sentencing hearing that lasted over an hour and a half, all issues that the first trial had judged as guilty with a sentence of one year imprisonment and two years probation were reversed. This came 131 days after the first trial sentencing.

The court ruled that Lee's statements implying that he did not know the late Kim Moon-gi, former Head of Development Division 1 at Seongnam Urban Development Corporation, and that the change of land use for the Korean Food Research Institute site in Baekhyeon-dong, Bundang-gu, Seongnam City, Gyeonggi Province, was due to pressure from the Ministry of Land, Infrastructure and Transport, did not constitute false statements under the election law.

However, the court did not accept Lee's claims that the prosecution abused its right to prosecute and that statements made in the National Assembly are exempt from criminal punishment under the National Assembly Act on Testimony, Inspection, and Records.

"Statements related to Kim Moon-gi difficult to recognize as false... Baekhyeon-dong remarks are expressions of opinion"

In the first trial last November, Lee was found guilty for statements that "the photo of playing golf with Director Kim was fabricated" and that "there was intimidation by the Ministry of Land regarding the land use change in Baekhyeon-dong," but the second trial overturned all of these. The court explained, "The statements made in the four broadcasts for which the prosecutor indicted Lee for false statements related to Kim Moon-gi are difficult to be regarded as false statements about candidate conduct under Article 250, Paragraph 1 of the Public Official Election Act."

The court first divided Lee's statements related to former Director Kim into four categories: "I do not know Kim Moon-gi," "I did not know Kim Moon-gi during my tenure as mayor of Seongnam," "I did not play golf with Kim Moon-gi," and "I came to know Kim Moon-gi after being indicted under the Public Official Election Act during my governorship," and examined whether these were false statements. The court reviewed the intent and context of each statement and stated, "Since these concern 'perceptions rather than actions,' they cannot be judged as false statements, nor can they be recognized as lies about social interactions." Regarding the "golf statement," which was previously recognized as guilty, the court said, "It cannot be seen as a lie that he did not play golf; it was part of the overall response to the panel's question."

The court also stated that the "golf photo" of Lee and Director Kim released by the People Power Party appeared to be fabricated. The court judged, "The original photo was taken with 10 people posing together, so it cannot be considered evidence supporting that golf was played, and showing only part of the original photo means it can be regarded as fabricated."

Regarding Lee's statement that "the Ministry of Land, Infrastructure and Transport intimidated to change the land use of the Baekhyeon-dong site," the court acknowledged that it was exaggerated but did not consider it a false statement. The court explained Lee's statement paragraph by paragraph, saying, "It is a political expression of opinion and cannot be punished as false statement publication." It added, "The core content is that the Ministry requested the change according to the law, and as mayor of Seongnam, he had no choice but to comply," and judged that "it cannot be seen as a statement that would mislead voters."

The court further stated, "It is possible to recognize that there was multifaceted pressure regarding the change of public institution land use," and added, "The statement 'I was threatened with accusations of dereliction of duty' may be an exaggerated expression of considerable pressure at the time, but it is difficult to see it as false."

However, the court dismissed and rejected two constitutional law review petitions submitted by Lee's side on the same day.

Lee was indicted in September 2022 on charges that his statements denying knowledge of Director Kim and regarding Baekhyeon-dong during the 2021 Democratic Party presidential primary were false. If the prosecution appeals, the Supreme Court's final ruling will be required. In that case, the Supreme Court's final ruling could come as early as June. Previously, the Supreme Court requested lower courts to comply with the so-called '6-3-3 rule' in election law cases, which mandates sentencing within six months for the first trial, three months for the second trial, and three months for the third trial.

Green Light for Early Presidential Election... Judicial Risks Still Exist

This ruling has partially eased Lee's 'judicial risk.' If Lee had been found guilty with a fine of 1 million won or more in the second trial as in the first trial, and such a sentence was upheld by the Supreme Court, he would have been unable to run in the next presidential election. However, with the first trial's disqualification sentence completely overturned to acquittal in the second trial, Lee has temporarily escaped the risk of losing his eligibility to run.

Lee Jae-myung, leader of the Democratic Party of Korea, is leaving the courthouse after being acquitted in the appeal trial of a violation of the Public Official Election Act held at the Seoul High Court on the 26th. 2025.3.26 Photo by Joint Press Corps

Besides this case, Lee is undergoing criminal trials in four other cases: perjury coaching, the Daejang-dong, Baekhyeon-dong, and Seongnam FC cases, the Ssangbangwool North Korea remittance case, and the corporate card misuse case.

However, if Lee is elected president, he may receive 'immunity from prosecution' under Article 84 of the Constitution, which could suspend ongoing trials. According to the Korean Constitution, the sitting president is not subject to criminal prosecution except for crimes of rebellion or treason. There is debate among legal and academic circles about whether 'criminal prosecution' includes trials.