President Lee's Preliminary Hearing on Corporate Card Misuse to Proceed on July 1
"Request for Same Postponement as Public Official Election Act and Daejang-dong Trials"
Seoul High Court and Central District Court Postponed Hearings Based on Article 84 of the Constitution
As President Lee Jae Myung's preliminary hearing on charges of misusing Gyeonggi-do corporate credit cards is scheduled for the afternoon of July 1, his legal team has requested the court to postpone the hearing, citing Article 84 of the Constitution. This is the first written opinion submitted by President Lee's defense to the court in relation to a criminal trial since his election on June 3.
The request is based on the same standard applied to the postponement of President Lee's appellate trial for violation of the Public Official Election Act and the Daejang-dong case, seeking identical measures. However, the presiding court announced on the same day that "the preliminary hearing will proceed as scheduled," marking the first criminal trial since President Lee's inauguration.
President Lee Jae Myung is delivering the government's policy speech on the second supplementary budget bill for 2025 at the 2nd plenary session of the 426th National Assembly (extraordinary session) held at the National Assembly in Yeouido, Seoul, on the morning of the 26th. Photo by National Assembly Press Photographers Group
According to Asia Economy's coverage on July 1, Yullip Law Firm, representing President Lee in the breach of duty case, submitted a request for postponement of the preliminary hearing to the 11th Criminal Division of Suwon District Court (Presiding Judge Song Byunghoon) on June 29, stating that "the procedure should be conducted in accordance with Article 84 of the Constitution."
The attorney representing President Lee explained, "Other trial divisions have all made advance decisions to postpone based on Article 84 of the Constitution," and added, "As it seems the division handling this case has not yet made a decision, we requested the same measure."
Nevertheless, the fourth preliminary hearing for President Lee's breach of duty case, scheduled for 4:30 p.m. on this day, will proceed as planned. The 11th Criminal Division of Suwon District Court issued a press release on the morning of July 1 regarding "the breach of duty case against defendant Lee Jae Myung and two others," stating, "Regardless of whether future trial dates are set, today's preliminary hearing will proceed as scheduled."
The 11th Criminal Division explained, "Article 306 of the Criminal Procedure Act pertains to the 'suspension of trial proceedings,' and it is clear that it does not apply to the 'suspension of preliminary hearing proceedings.'" The court further clarified, "The grounds for suspension of trial proceedings under the Criminal Procedure Act do not automatically constitute grounds for suspension of preliminary hearing proceedings."
Article 84 of the Constitution states, "The President shall not be subject to criminal prosecution during his term of office except in cases of insurrection or treason." There is debate as to whether this provision applies to trials already in progress. "Prosecution" is divided into impeachment and criminal prosecution, but Article 84 addresses only criminal matters. According to the Korean dictionary, "prosecution" refers to indictment, meaning the act of the prosecution filing charges. If the provision is interpreted literally, trials for which President Lee has already been indicted may continue. There is sharp disagreement between those who argue that Article 84, intended to guarantee stable governance by the President, should also cover all trial procedures connected to an indictment, and those who argue it should not.
After the presidential election, the 7th Criminal Division of the Seoul High Court, which is handling President Lee's appellate trial for violation of the Public Official Election Act, as well as the 33rd Criminal Division of the Seoul Central District Court, which is handling the Daejang-dong, Baekhyeon-dong, Wirye development corruption allegations, and the Seongnam FC allegations, each postponed President Lee's trial schedule on June 9 and 10, respectively. Both courts stated this was based on Article 84 of the Constitution, interpreting the non-prosecution privilege as applying even to ongoing trials after indictment.
President Lee does not plan to attend the preliminary hearing on this day. His attorney stated, "As with the previous three preliminary hearings, President Lee will, of course, not appear today." The preliminary hearing is a procedure held before the formal trial to confirm the defendant's position on the criminal charges and to establish a plan for evidence examination; the defendant is not required to attend.
President Lee was indicted without detention on November 19 of last year on charges of privately using a total of 106.53 million won from July 2018 to October 2021 during his tenure as Governor of Gyeonggi-do, including expenditures for fruit, sandwiches, and other food items using corporate credit cards and other Gyeonggi-do funds. Two others, including Jeong, former chief secretary to the Governor of Gyeonggi-do, and Bae, a former special appointment official for Gyeonggi-do, were also indicted as accomplices.
Meanwhile, the 11th Criminal Division of Suwon District Court is also handling President Lee's case involving alleged remittance to North Korea. The preliminary hearing for that case is scheduled for 10:30 a.m. on the 22nd.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
