Lee's 'Election Law Remand Trial' Postponed... Court Cites Article 84 of the Constitution

High Court Interprets Immunity to Include Trials
Possibility of Suspending Four Remaining Cases

The court has postponed the remand trial date for President Lee Jae Myung's violation of the Public Official Election Act. As a result, it has become highly likely that the remand trial will not be held during President Lee's term in office.

On June 9, the Seoul High Court's Criminal Division 7 (Presiding Judge Lee Jaegwon) announced that the remand trial date for President Lee, which had been scheduled for June 18, would be rescheduled at a later date in accordance with Article 84 of the Constitution. "Rescheduling at a later date" means that the date is changed, postponed, or continued without designating the next trial date.

Previously, the remand trial panel had set the first trial date for May 15, before the presidential election. However, at the request of President Lee's side to postpone the date until after the election, the trial was rescheduled for June 18.

The Seoul High Court explained that this measure was taken based on Article 84 of the Constitution. Article 84 stipulates, "The President shall not be subject to criminal prosecution while in office, except for cases of insurrection or treason."

With the postponement of the remand trial proceedings, it is highly likely that all upcoming related trials will also be suspended. While each trial panel may make its own determination regarding suspension, the Seoul High Court's decision is expected to influence other panels handling related cases. Currently, President Lee is on trial in five cases, including the remand trial for violation of the Public Official Election Act, allegations of perjury instigation, the Daejang-dong, Baekhyeon-dong, Seongnam FC, and Wirye New Town cases, the Ssangbangwool North Korea remittance case, and the corporate credit card misuse case.

President Lee Jae Myung is clapping at the 21st Presidential Inauguration Commemorative Luncheon held on June 4th at Sarangjae, the National Assembly in Yeouido, Seoul. 2025.6.4 Photo by Kim Hyunmin

There are differing interpretations as to whether the presidential immunity from prosecution stipulated in Article 84 of the Constitution applies to ongoing trials. "Prosecution" is divided into impeachment and criminal prosecution, but Article 84 addresses only criminal matters. According to the dictionary definition, "prosecution" refers to indictment, that is, the prosecution filing charges. If the provision is interpreted literally, ongoing trials for which President Lee has already been indicted could proceed. However, there is sharp debate between those who argue that, since Article 84 is intended to ensure the stable administration of the President, it should also cover all trial procedures connected to an indictment, and those who argue otherwise.

Meanwhile, President Lee was indicted in September 2022 on charges that his statements during the 2021 Democratic Party presidential primary?claiming not to know the late Kim Moonki, former Director of Development Division 1 at Seongnam Urban Development Corporation, and making remarks related to Baekhyeon-dong?constituted falsehoods. In the first trial in November last year, Lee was sentenced to one year in prison with a two-year suspended sentence, which would have resulted in the loss of his parliamentary seat. However, in the second trial in March this year, he was acquitted. On May 1, the Supreme Court overturned the second trial's verdict and remanded the case with a ruling of guilt. Since lower courts are bound by the Supreme Court's decisions, the High Court cannot overturn the en banc decision and acquit him.