Lee Jaemyung's 'Election Law Violation' Case Referred to Supreme Court Grand Bench by Chief Justice

Noh Taeeak, Chairperson of the National Election Commission, Files for Recusal

The final decision regarding the Public Official Election Act case involving former Democratic Party leader Lee Jaemyung will be made by the Supreme Court's Grand Bench. Supreme Court Justice Noh Taeeak, who serves as the Chairperson of the National Election Commission, has filed a request to recuse himself from this case.

Former Democratic Party leader Lee Jaemyung is attending the continuation of the first trial on charges of breach of trust related to Daejangdong and bribery involving Seongnam FC at the Seoul Central District Court in Seocho-gu, Seoul on April 22, 2025. Photo by Jo Yongjun

On April 22, the Supreme Court referred the appeal trial of Lee, who was indicted on charges of violating the Public Official Election Act, to the Grand Bench. The Grand Bench is a judicial procedure in which 12 justices, presided over by the Chief Justice, deliberate on cases with significant social impact or when consensus cannot be reached in a smaller panel of four justices.

Earlier that morning, the Supreme Court had assigned the case to the Second Division, consisting of Justices Oh Kyungmi, Kwon Youngjun, Eom Sangpil, and Park Youngjae. As the appeal trial was referred to the Grand Bench, Justice Noh Taeeak, Chairperson of the National Election Commission, filed a request for recusal from this case. This is due to concerns over potential conflicts of interest if the head of the election commission, who is responsible for overseeing elections, participates in deliberating an election law case.

In this case, it is reported that Chief Justice Cho Hui-dae, after consulting with the other justices, determined that it was necessary to deliberate the case at the Grand Bench's consensus hearing and designated it for referral.

Lee was brought to trial in September 2022 on charges that his statements during the Democratic Party's 2021 presidential primary?specifically, his claim that he did not know the late Kim Moonki, former Head of Development Division 1 at Seongnam Development Corporation, and his remarks related to Baekhyeon-dong?constituted false information. On November 2023, in the first trial, Lee was sentenced to one year in prison with a two-year suspended sentence, which would result in the loss of his parliamentary seat. However, on March 26 of the previous month, he was acquitted in the second trial.

In response, the prosecution immediately filed an appeal on the day of the verdict, stating, "The appellate court's decision is fundamentally at odds with the views of ordinary voters regarding the defendant's statements, and is inconsistent with common sense and the rules of experience. The court misunderstood the legal principles regarding the crime of disseminating false information under the Public Official Election Act."