Supreme Court: "The Appellate Court's Acquittal Was Based on a Misunderstanding of the Law on Publishing False Information under the Public Official Election Act"
Golf Remarks Related to Kim Moonki and Baekhyeon-dong Remarks Deemed Guilty
Only 36 Days After the Complete Acquittal in the Appellate Court
Seoul High Court Must Resentence in Accordance with the Supreme Court's Ruling
On May 1, the Supreme Court overturned the second-instance verdict in the case of Lee Jaemyung, the Democratic Party presidential candidate, regarding the violation of the Public Official Election Act, and remanded the case with a finding of guilt. This decision by the full bench of the Supreme Court came nine days after the case was referred to the en banc panel and 36 days after the not-guilty verdict in the second trial. It has been three years and five months since Lee was first accused of making false statements?specifically, saying in a broadcast interview before the 20th presidential election that he did not know Kim Moonki, the late Director of Development Project Division 1 at Seongnam Urban Development Corporation, during his tenure as mayor of Seongnam, and claiming during a National Assembly audit that the Ministry of Land, Infrastructure and Transport pressured the city regarding the Baekhyeon-dong land use change allegations.
Chief Justice Choi Heedai and other Supreme Court justices entered the Supreme Court in Seocho-gu, Seoul, on the afternoon of the 1st to deliver the verdict on the appeal trial of Lee Jae-myung, the Democratic Party presidential candidate, regarding the violation of the Public Official Election Act. 2025.05.01 Photo by Joint Press Corps
The Supreme Court's en banc panel (presiding justice Park Youngjae) overturned the lower court's acquittal of Lee at 3 p.m. that day and sent the case back to the Seoul High Court. The presiding judge is Chief Justice Cho Heedai. The Supreme Court stated, "The statements regarding golf with Kim Moonki and the remarks about Baekhyeon-dong constitute the publication of false information under Article 250, Paragraph 1 of the Public Official Election Act," and added, "The appellate court misunderstood the legal principles regarding the Public Official Election Act." As a result, Lee will face a retrial at the Seoul High Court, which must issue a guilty verdict in accordance with the Supreme Court's findings. In the retrial, the court is expected to conduct additional sentencing hearings and determine a new sentence.
The Supreme Court found that Lee's statement implying that "the photo was fabricated" regarding suspicions of playing golf with the late Director Kim also constituted the publication of false information. Regarding the remarks about the Baekhyeon-dong land use change, the Court determined that Lee made a false statement by claiming that the Ministry of Land, Infrastructure and Transport threatened to accuse Seongnam City of dereliction of duty, when in fact no such threat occurred, and that this amounted to the publication of specific false facts. For the other parts of Lee's statements about Kim Moonki, except for the golf-related remarks, the Court maintained the original not-guilty finding.
The Supreme Court stated, "The appellate court misinterpreted the meaning of the 'golf remarks' regarding Kim Moonki and the 'Baekhyeon-dong remarks,' and based its judgment on the misinterpreted meanings when determining whether the crime of publishing false information was established," and added, "The decision to acquit on these two statements was based on a misunderstanding of the legal principles governing the crime of publishing false information as defined in Article 250, Paragraph 1 of the Public Official Election Act, which affected the outcome of the verdict."
Twelve justices participated in this en banc decision, including Chief Justice Cho Heedai. The en banc panel consists of the Chief Justice (as presiding judge) and twelve Supreme Court justices, excluding the Chief Justice of the National Court Administration, who does not handle trial duties. In this case, Justice Noh Taeak, who also serves as the Chairperson of the National Election Commission, recused himself to avoid any controversy over neutrality in election management, resulting in a panel of twelve justices including the Chief Justice.
The Seoul Central District Court Criminal Division 34 (Presiding Judge Han Sungjin), which heard the first trial, sentenced Lee to one year in prison with a two-year suspended sentence, which would result in the loss of his parliamentary seat if confirmed. This verdict came 799 days after Lee was indicted. Under the Public Official Election Act, a suspended prison sentence leads to the loss of parliamentary status and disqualification from candidacy for ten years if finalized. The first-instance court found Lee partially guilty regarding his statement that he "did not know the late Kim Moonki." However, the court found Lee not guilty for saying that he "did not know of Kim Moonki's existence while serving as mayor of Seongnam" and that he "became aware of Kim Moonki after being indicted." The court also found Lee guilty of publishing false information regarding the Baekhyeon-dong allegations.
The appellate court completely overturned the first-instance verdict. The Seoul High Court Division 6-2 (Presiding Judges Choi Eunjeong, Lee Yesul, and Jeong Jaeo), which heard the second trial, acquitted Lee in March, 131 days after the first-instance verdict. The first-instance court had found Lee guilty, reasoning that he made false statements with the intent to win the presidential election. In contrast, the appellate court closely examined each statement and determined that none of them constituted the publication of false information. The court also took into account the freedom of political expression during election campaigns. Notably, the appellate court also found Lee not guilty of the so-called "golf remarks," in which he claimed he did not play golf with Kim Moonki during an overseas business trip.
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