All Four Constitutional Complaints Against Suspension of President Lee Jaemyung's Trial Dismissed

All four constitutional complaints filed against the court's decision to effectively suspend President Lee Jaemyung's trial, based on Article 84 of the Constitution, which stipulates presidential immunity from prosecution, have been dismissed.

According to the legal community on July 9, the Constitutional Court dismissed the constitutional complaint the previous day, which sought confirmation that the delay in President Lee's trial was unconstitutional. In the case of a constitutional complaint, after the petition is submitted, a designated panel of three justices conducts a preliminary review. If the panel finds the petition to be valid, the case is referred to the full bench for a substantive hearing. However, if the petition does not meet the necessary requirements, it is dismissed.

Constitutional Court Grand Bench. Photo by Joint Press Corps

The Constitutional Court had previously dismissed three similar constitutional complaints, including one against the court's decision to schedule President Lee's trial for a later date (postponement). Regarding the constitutional complaint seeking confirmation that Article 84 of the Constitution, which stipulates presidential immunity from prosecution, is unconstitutional, the court explained the reason for dismissal by stating, "Individual provisions of the Constitution cannot be subject to constitutional review."

The Seoul High Court panel in charge of President Lee's election law retrial and the Seoul Central District Court panel handling the Daejang-dong case each changed and postponed the scheduled trial dates last month, citing Article 84 of the Constitution as the basis. Scheduling for a later date refers to changing, postponing, or continuing a hearing without designating the next date. This applies in cases where legal proceedings cannot be carried out and effectively results in the suspension of the trial.