If Fined Over 1 Million Won,
Re-appeal to Supreme Court Likely
The first trial of the remand hearing for Lee Jae Myung, the Democratic Party presidential candidate, will be held at the Seoul High Court on May 15. This comes about two weeks after the Supreme Court returned the case for retrial with a guilty verdict. With the presidential election scheduled for June 3, Lee's remand hearing is a key variable in the political landscape. However, it is unlikely that Lee will appear in person at the first trial on the 15th, and the court is expected to set a second trial date for further proceedings before moving to sentencing.
Lee Jae Myung, the Democratic Party presidential candidate, is reviewing materials while attending the 'K-Semiconductor' AI memory semiconductor company meeting held at SK Hynix Icheon Campus in Icheon, Gyeonggi Province on the afternoon of the 28th. 2025.4.28 Photo by Kim Hyun Min
According to the legal community on May 7, the Criminal Division 7 of the Seoul High Court (Presiding Judge Lee Jae Kwon), which is handling Lee's remand hearing, issued a notice of trial date, a notice of receipt of case records, and a summons for the defendant on May 2, just one day after the Supreme Court's remand ruling. The court also sent a request to deliver the legal documents in person through a court bailiff.
If the documents are not delivered by May 9, the court will have to reschedule the trial date. Therefore, if Lee does not appear at the trial on the 15th, there is speculation that the court will set the next trial for May 21 or 22. The issue arises if Lee fails to appear at the rescheduled trial as well. Article 365 of the Criminal Procedure Act stipulates that if a defendant fails to appear at a newly scheduled appellate trial date without a valid reason, the court may render a judgment without hearing the defendant's statement.
Ultimately, if a second trial date is set, it is highly likely that Lee will appear. However, if he does not, the court is legally permitted to proceed directly to sentencing. Of course, since the conduct of the trial is at the discretion of the court, postponing the sentencing would not be problematic.
If a sentence of at least 1 million won in fines?which would invalidate Lee's election and strip him of his eligibility?is handed down at the remand hearing, Lee is expected to file a re-appeal with the Supreme Court. In the re-appeal process, the Supreme Court will issue the final and binding decision. The re-appeal process requires about a month of preparation before the actual review begins, including a seven-day period to submit the appeal and a 20-day period to submit the grounds for appeal. Therefore, legal experts believe it is virtually impossible for a final decision to be reached before the presidential election.
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