Jung Junho's Side Claims "Prosecution's Re-indictment Is Illegal... Statute of Limitations Has Expired"

Request for Constitutional Review of the Law
Formal Trial Scheduled for July 21

The office of Democratic Party lawmaker Jung Junho (Gwangju Buk-gu Gap) argued that the prosecution's re-indictment was procedurally illegal and that the statute of limitations had already expired.

Gwangju District Court. Photo by Song Bohyun

At the first preparatory hearing for the violation of the Public Official Election Act held on the 23rd at the Gwangju District Court Criminal Division 12 (Presiding Judge Park Jaesung), Jung's side stated, "The prosecution's re-indictment does not meet the requirements under the Criminal Procedure Act, and we believe the statute of limitations has already passed."

Jung's side argued, "Under the Criminal Procedure Act, a re-indictment is only possible if new and important evidence is discovered," and added, "The prosecution's decision to re-indict despite the dismissal of the previous case violates the principle of double jeopardy."

They further claimed that the fact that the prosecutor who initiated the investigation also filed the indictment at the time violated the Prosecution Office Act, and that in such cases, the indictment itself is invalid and does not meet the requirements for suspending the statute of limitations. They continued, "If the statute of limitations is suspended by an indictment from a prosecutor without authority, there is a risk of double jeopardy and concerns about trial delays," and requested the court to refer the case to the Constitutional Court for a review of the law's constitutionality.

The court stated that, regardless of whether there was a procedural violation, the trial proceedings would continue as planned. The court expressed that it would be difficult to conclude the case without a hearing. The formal trial is scheduled for July 21.

Jung was indicted on charges of hiring 12 telephone promoters to send promotional text messages and make calls to voters during the Democratic Party's in-party primary for the April 10, 2023 general election. However, it was revealed that a prosecutor without the authority to indict had filed the initial indictment, which led to the dismissal of the first case. The prosecution did not appeal and re-indicted Jung on the same charges.