
Lee Jae-myung, leader of the main opposition Democratic Party of Korea (DPK), was found not guilty in the court of appeals for violating the Public Official Election Act on March 26. Lee, who was sentenced to "suspension of imprisonment" in the first trial, was acquitted in the appeal, easing the burden of judicial risks that have threatened his bid for the next presidential election.
The Seoul High Court on that day reversed the original ruling, which sentenced Lee, who was indicted on charges of violating the Public Official Election Act, to one year in prison and two years of probation, and acquitted him.
The prosecution believed that Lee's statements during the presidential election in 2021 that he “did not know former Chief of Seongnam Urban Development Corporation Development Division 1 Kim Moon-ki” and “never played golf with him” constituted false disclosure of facts. He was also charged with publishing false facts when he said, “We had no choice but to change the use of the Baekhyeon-dong construction site in Seongnam, Gyeonggi Province, because of threats from the Ministry of Land, Infrastructure, and Transport.” The first trial court found Lee guilty of his remarks related to golf and the change of use of Baekhyun-dong construction site.
However, the appeals court ruled that all of Lee’s remarks were not an act of publicizing false information. The court said, “It cannot be said that Lee lied that he did not play golf with Kim, and it is difficult to prove falsity.” As for the photo of Lee with Kim during his business trip to Australia, the court found that it “does not support the fact that they played golf together.”
The court judged that all of Lee’s remarks related to Kim were "about recognition," not acts, and were not subject to punishment under the Public Official Election Act. The prosecution argued that Lee's remarks show “friendship” between them, but the court found that the remarks were “not about the acts of friendship.”
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As for Lee's remarks about Baekhyun-dong, the court accepted as evidence that the Ministry of Land, Infrastructure, and Transport had sent several letters urging the change of use. The court also found that Lee's remark that “We had no choice but to change it” was simply an expression of opinion.
Lee spoke to reporters after the sentencing and said, “I am grateful to the court for delivering a proper verdict based on truth and justice.” Prosecutors immediately announced their intention to appeal. The Supreme Court must make a final ruling by June 26, according to the court's rule that "the appeal of the election law violation case must be completed within three months.”