Seoul: Lee Jae-myung, leader of the Democratic Party (DP), was acquitted in the appellate trial concerning his violation of the Public Official Election Act on Wednesday. This decision allows Lee to sidestep the immediate threat of losing his eligibility to run for office. Last November, a lower court sentenced him to one year in prison, suspended for two years, for allegedly spreading false information related to the Daejang-dong and Baekhyeon-dong development projects during the last presidential election cycle. If the Supreme Court had upheld this ruling, Lee would have been stripped of his parliamentary seat and prohibited from participating in any potential snap presidential election, should President Yoon Suk Yeol be impeached and removed from office.
According to Yonhap News Agency, the Seoul High Court's Criminal Division 6-2 issued a contrary judgment. The court concluded that Lee's remarks about Kim Moon-gi, the late director of Seongnam Development Corporation, did not qualify as false statements under the election law. In the initial trial, Lee's denial of having played golf with Kim was considered false, whereas his claim of not knowing Kim during his tenure as mayor of Seongnam was found not guilty. However, the appellate court determined that even his statement regarding not playing golf with Kim could not be classified as a falsehood. Additionally, regarding Lee's assertion that the rezoning of the Baekhyeon-dong site was due to "threats from the Ministry of Land, Infrastructure, and Transport under the Park Geun-hye administration," the court deemed this an expression of opinion rather than a statement of fact, thereby not warranting punishment.
The appellate court's ruling, which significantly diverges from the lower court's decision, has left some observers puzzled. Given the potential impact on democratic decision-making if voters are swayed by misinformation, it is crucial for courts to meticulously evaluate candidates' statements. Concerns have been voiced that this verdict might pave the way for more lenient treatment of false statements by election candidates. The Supreme Court is urged to expedite its final ruling to mitigate further confusion.
Following his acquittal, Lee commented that the ruling represented "justice prevailing" and criticized the prosecution and administration, suggesting their efforts would be better spent on public welfare rather than "fabricating evidence and cases." Despite this legal victory, Lee remains entangled in four other legal challenges, including allegations of preferential treatment in several development projects, unlawful corporate sponsorship, illicit remittances to North Korea, and perjury subornation. He has utilized various tactics to delay proceedings, such as not accepting court documents, missing hearings, requesting trial date changes, and filing constitutional petitions. The election law case alone spanned 909 days from indictment to appellate ruling. It is deemed necessary for Lee to cease these delaying strategies and confront his trials with integrity.