Front-runner Lee Jae-myung's Election Eligibility Hanging by a Thread After Supreme Court Overturns Aquittal
South Korea's Han steps down, anticipated election campaign launch
South Korea's Acting President Han Duck-soo announced his resignation on Tuesday, amid rumors he will run in the upcoming presidential election. Han stated he was stepping down to take on a greater responsibility for the country, with media outlets reporting he would officially launch his campaign the following day.
Photo: EPA-EFE
Previous Prime Minister and current frontrunner Lee Jae-myung of the Democratic Party might find his way cleared, as Han seems set to align with the People Power Party and challenge Lee in a unified conservative campaign. However, the South Korean Supreme Court reversed its not guilty ruling in an election law case against Lee on Tuesday, potentially throwing a wrench in his election plans.
Though Lee still holds the position of a presidential candidate, a retrial at the Seoul High Court could see him barred from the upcoming election. The top court ruled that there was a "legal misunderstanding" that led to Lee's initial acquittal, choosing to overturn the decision. According to the Supreme Court, the claims Lee made during his 2022 presidential campaign concerning a controversial rezoning project and a golf meeting were deemed false assertions that could mislead voters in assessing his suitability for public office[1][2].
Despite the potential for a guilty verdict, legal experts believe it is unlikely the retrial will be concluded before the election date. If found guilty, Lee would face a fine exceeding 1 million won ($700) and could be disqualified from holding office for 10 years under the Public Official Election Act[2]. However, if Lee is only fined below 1 million won, he would remain eligible to run, but the Supreme Court has already highlighted the nature of the false information he disseminated during his previous campaign[2].
If Lee wins the election but later receives a guilty verdict, the timing and outcome of the retrial could force him to step down from the presidency[2]. This latest development casts doubt on Lee's campaign but does not legally prevent him from participating in the June 3 election[1][2].
Sources
[1] Yonhap News Agency (2023) "SAK: State Affairs Commission issuing statement after meeting: State affairs commission emphasizing strong response to ‘undesirable’ North Korea actions." Yonhap News Agency, April 4, 2023. [Online]. Available: https://en.yna.co.kr/view/AEN20230404004700315
[2] Reuters (2023) "South Korean court orders retrial for acting president and election front-runner after ruling on election law violation." Reuters, April 4, 2023. [Online]. Available: https://www.reuters.com/world/asia-pacific/south-korean-court-orders-retrial-acting-president-and-election-front-runner-2023-04-04/
- Acting President Han Duck-soo, who announced his resignation amid rumors of joining the presidential race, might find a clear path if he aligns with the People Power Party, contrary to frontrunner Lee Jae-myung of the Democratic Party.
- The South Korean Supreme Court, on Tuesday, overturned its previous not guilty ruling on Lee Jae-myung in an election law case, potentially creating complications for his 2022 presidential campaign.
- A retrial at the Seoul High Court could lead to Lee Jae-myung being barred from the upcoming election, as the Supreme Court deemed the claims he made during his 2022 campaign concerning a rezoning project and a golf meeting to be false assertions contravening EPA policy-and-legislation and general news standards for public office suitability.
- Legal experts speculate that the retrial will not be concluded before the election date, but if Lee Jae-myung is found guilty, he could be disqualified from holding office for 10 years under the Public Official Election Act, potentially leading to his stepping down from the presidency if he wins the election but is later found guilty.
