Lee's Election Law Retrial Postponed Until After Presidential Election... High Court Changes Date After Five Days (Comprehensive)

First Trial Date Changed to June 18 Following Lee Jae Myung's Request
High Court: "Date Changed to Ensure Equal Campaign Opportunities and Eliminate Fairness Controversy"

The first retrial hearing for Lee Jae Myung, the presidential candidate of the Democratic Party of Korea, regarding his alleged violation of the Public Official Election Act, has been postponed until after the presidential election. This comes just five days after the court initially announced that the first hearing would be held on the 15th. On the morning of the 7th, Lee's legal team submitted a request to the court to reschedule the first hearing for after the election day, citing Article 116 of the Constitution, among others.

Lee Jae Myung, the presidential candidate of the Democratic Party of Korea, who is accused of embezzlement related to Daejangdong and bribery involving Seongnam FC, is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on April 29, 2025. Photo by Kang Jin Hyung

On May 7, the 7th Criminal Division of the Seoul High Court (presiding judge Lee Jae Kwon) stated, "To ensure equal opportunities for election campaigning for the defendant, who is a presidential candidate, and to eliminate any controversy over the fairness of the trial, the court date will be changed to after the presidential election." The court added, "The retrial panel has always maintained, and will continue to maintain, a stance of conducting fair and independent trials in accordance with the Constitution and the law, without any influence or interference from inside or outside the court."

The retrial panel had been assigned the case on May 2 and initially planned to hold the first hearing at 3 p.m. on May 15. In response, Lee's legal team requested a postponement, citing Article 116 of the Constitution, which guarantees equal opportunities for election campaigning for candidates, and Article 11 of the Public Official Election Act, which prohibits the arrest or detention of presidential candidates during the campaign period, as their reasons.

Han Minsoo, spokesperson for the Democratic Party, also stated during a briefing on the same day, "Articles 116 of the Constitution and 11 of the Public Official Election Act are intended to ensure the fairness of elections and to fully guarantee the freedom of choice for the people. These provisions can be interpreted broadly to include the right not to be subject to investigation or trial during the election period."

Previously, in December 2021, while running as a presidential candidate, Lee appeared on several broadcasts and stated that he did not know Kim Moonki, the late head of development at Seongnam Urban Development Corporation, who was involved in the Daejangdong project. He also testified at a parliamentary audit that the Ministry of Land, Infrastructure and Transport had pressured the city of Seongnam during the land use change process for the Korea Food Research Institute site in Baekhyeon-dong. For these statements, Lee was indicted in 2022 on charges of making false statements.

The first trial found Lee guilty on major statements and sentenced him to one year in prison, suspended for two years. However, the appellate court ruled on March 26 that his remarks amounted only to perception and opinion and could not be punished, acquitting him of all charges. The Supreme Court subsequently overturned the appellate decision, stating that the lower court had misunderstood the law, and returned the case for retrial with instructions to find him guilty.

Meanwhile, there have been ongoing criticisms within the legal community regarding the Supreme Court's unusually swift handling of the case, including the assignment, en banc review, and ruling. On the same day, Noh Haengnam, presiding judge at the Busan District Court Dongbu Branch, posted a message titled "Are you still a Supreme Court Justice?" on the court's internal network, CourtNet, questioning, "Is the defendant's statement from several years ago truly more malicious than the actions of a former president who declared martial law and terrified the entire nation?"

Judge Noh continued, "During the last election, did Yoon Suk Yeol, the opposing candidate, speak only facts and truth without a single lie?" He further asked, "If the prosecution abuses its indictment authority to charge a specific individual at its discretion, must the court simply comply?" Regarding the Supreme Court justice who issued a supplementary opinion that 'justice delayed is justice denied,' Noh criticized, "Have you become the hands and feet of the Chief Justice, acting to ensure that a particular individual can never become president and that the opposing candidate must be made president?"