Seoul: A Seoul court has indefinitely postponed President Lee Jae-myung's trial on charges of violating election laws in 2022. The Seoul High Court's decision was based on Article 84 of the Constitution, which exempts a sitting president from criminal prosecution, except in cases of insurrection or treason.
According to Yonhap News Agency, the court's decision clarifies the application of Article 84 to ongoing indictments or criminal cases involving a sitting president, although no legal precedent exists. Legal scholars are divided, with some arguing that the exemption should only apply to new indictments or trials.
The court's decision has sparked partisan reactions. The ruling Democratic Party of Korea (DP) described the decision as "expected and natural," while the main opposition People Power Party criticized it as a sign of judicial alignment with current powers. The ruling highlights the challenge of balancing public will and judicial accountability.
The trial could have serious implications for President Lee, as a conviction could result in a ban on seeking public office for up to ten years. The trial was initially delayed from May 15 to June 18 before the indefinite postponement.
The Supreme Court, which remanded the case to the lower court in May, did not comment on Article 84's application. The National Court Administration decided that judges in each court handling the president's cases would determine whether to proceed or postpone. This decision might lead to postponements of the other four cases against President Lee until his term ends. Additionally, another court postponed a trial on charges of corruption and bribery from his tenure as mayor of Seongnam.
Opinions on the postponement vary, with some calling for a constitutional review. Public opinion is also divided. An exit poll of 5,190 voters showed that 63.9% supported continuing the trial after the president's election, while 25.8% supported halting it. Among DP supporters, opinions were split, with 42.7% supporting continuation and 44.4% supporting a halt.
The court's decision allows President Lee to fulfill his executive duties, prompting the DP to reconsider proposed revisions to the Criminal Procedure Act and Public Official Election Act. These revisions, perceived as protective measures for party figures, may not align with democratic legislative responsibilities. President Lee has urged unity and social integration, and both parties are encouraged to prioritize public service.