Debate Surrounds Legal Proceedings for Lee Jae-myung if Elected President
As the presidential election approaches, discussions are intensifying regarding whether Lee Jae-myung (이재명), the Democratic Party's candidate, would have his criminal trial suspended if he wins. Legal experts suggest that the Supreme Court's recent decision to overturn a previous ruling on Lee's violation of election laws indicates that they believe his trial could continue even after the election.
During a seminar hosted by the Lawyers for Human Rights and Unification of Korea on May 12, Professor Jang Young-soo (장영수) from Korea University Law School stated that Article 84 of the Constitution allows for two interpretations regarding the continuation or suspension of trials for a sitting president. He emphasized that the final interpretation would ultimately rest with the courts.
Article 84 stipulates that a sitting president cannot be criminally prosecuted except for insurrection or treason. This has led to differing opinions on whether 'prosecution' refers solely to indictment by the prosecution or includes the trial process as well. Professor Jang argued that the Supreme Court, being well aware of these complexities, would not have issued its ruling without considering the implications for Lee's potential presidency.
Attorney Lee Chung-sang (이충상), a former Supreme Court research judge, pointed out that the Constitutional Court's commentary clarifies that 'prosecution' in Article 84 refers specifically to 'indictment.' He further noted that Article 68, which states that a successor must be elected within 60 days if a president is unable to serve, supports the interpretation that a president-elect can still face criminal trials.
Attorney Woo In-sik (우인식) added that if the meaning of 'prosecution' in Article 84 is ambiguous, it is necessary to clarify it in subordinate laws.
The ongoing debate raises significant questions about the intersection of law and politics in South Korea, particularly as the election draws near.
