Legislative Moves to Shield President Lee Jae-myung from Legal Proceedings
On June 4, the National Assembly's Legislative and Judiciary Committee passed several bills, including the 'Supreme Court Justice Expansion Act' and amendments to the Criminal Procedure Act, the Public Election Act, and the Constitutional Court Act, all of which are being referred to as the 'Lee Jae-myung Protection Laws.' These proposals were initiated following the Supreme Court's decision on May 1, which upheld a guilty verdict against President Lee for violating election laws. Legal experts suggest that if these bills are passed, they could face constitutional challenges, leading to a review by the Constitutional Court regarding their legality.
The proposed amendments to the Criminal Procedure Act would allow for the suspension of criminal trials for a sitting president. Currently, President Lee is involved in five legal cases, including allegations of election law violations, corruption related to real estate projects, and misuse of corporate funds. The amendment to the Public Election Act aims to remove the requirement for 'actions' in the definition of disseminating false information, potentially allowing President Lee to receive a 'dismissal' ruling.
Even if President Lee is convicted, there are ongoing discussions in the National Assembly regarding a bill that would allow for constitutional appeals, as well as a special investigation into any potential misconduct by Chief Justice Cho Hee-dae during the Supreme Court's handling of Lee's case.
Legal analysts believe that these bills raise significant constitutional issues, which could prompt opposition parties and civic groups to file constitutional appeals. A former high court judge noted that the amendment to the Criminal Procedure Act raises questions about whether the constitutional provision stating 'the president cannot be prosecuted while in office' applies to judicial proceedings. Another attorney pointed out that the Public Election Act amendment appears to be designed to exempt a specific individual from punishment, which could violate constitutional equality rights. Observers also speculate that the Constitutional Court may be waiting for the appointment of two new justices by President Lee to shift the court's balance in favor of the ruling party.
