South Korea’s high court delayed its first hearing on sentencing leading presidential candidate Lee Jae-myung over a legal violation until after the upcoming election, enabling him to run for the country’s top office.
The Seoul High Court had initially set May 15 as the first hearing date, but it pushed back the date to June 18 to ensure that Lee “has an equal opportunity for election campaigning and to eliminate any controversy regarding the fairness of the trial,” the court said in a text message Wednesday.
The new date means Lee, the nominee of the opposition Democratic Party, can continue his campaign in the June 3 election without a risk of the high court handing down a punishment harsh enough to disqualify him from running.
The upcoming election is seen as pivotal to restoring political and economic stability following months of turmoil after former President Yoon Suk-yeol’s abrupt decision to impose martial law in early December. Yoon’s removal by the Constitutional Court triggered the snap poll.
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The presidential race was rocked last week when the Supreme Court found Lee guilty of violating election law after an earlier acquittal. The top court sent the case back to the high court to weigh his punishment. A prison sentence or a fine exceeding 1 million won ($700) handed down before the vote would have effectively disqualified him from standing.
The delayed hearing clarifies Lee’s position for standing in the election, though it still remains unclear if he would be able to continue as president should he win the election but then receive a sentence meeting the conditions for not seeking public office.
The Democratic Party described the move to delay the hearing as a “natural decision,” according to a statement on its website.
“It is fortunate that the court has now made a judgment that is in line with the principles of popular sovereignty and common sense,” the party said.
The DP is seeking to introduce a bill to suspend ongoing criminal trials for president-elects. Under the current constitution, a president cannot be criminally prosecuted while in office except in cases of insurrection. But it doesn’t clearly stipulate whether presidents can have immunity from trials that have already commenced.
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According to a poll conducted by JoongAng Ilbo newspaper and Gallup Korea between May 3-4, Lee still leads the election race with 47 percent support, followed by former acting president and independent candidate Han Duck-soo with 23 percent. The Ruling People Power Party’s Kim Moon-soo has 13 percent backing while Lee Jun-seok of the Reform Party has 4 percent support.
Lee, 60, has been dogged by legal troubles but he has denied any wrongdoing, describing the charges against him as politically motivated. The latest case stems from two remarks he made during his previous presidential campaign in 2021. Prosecutors charged him with violating election law for making false statements regarding land development projects in Seongnam while he was the city mayor.
