Democratic Party of Korea’s presidential candidate Lee Jae-myung waves as he leaves a restaurant in Seoul after a meeting with workers on May 1, moments after learning of the Supreme Court’s ruling. By reporter Park Min-kyu

The Supreme Court overturned an earlier ruling that cleared Lee Jae-myung, the presidential candidate of the liberal Democratic Party of Korea (DPK) of election law violation on May 1. The case, which stemmed from allegations that Lee had publicly stated false information ahead of the 20th presidential election in 2022, was sent back to the Seoul High Court for retrial. In response, Lee reaffirmed his commitment to running in the election, saying “The will of the people is what matters most,” while the conservative People Power Party (PPP) called for his resignation as a candidate.

The Supreme Court’s full bench, presided over by Justice Park Young-jae, ruled that the lower court's acquittal was based on a misinterpretation of the law that affected the outcome. The decision came just 36 days after the appellate court’s ruling on March 26 and nine days after the Supreme Court referred the case to its full bench.

The charges against Lee stemmed from his appearance on a TV program in 2021 during his presidential campaign, in which he said he did not know the late Kim Moon-ki, former executive of Seongnam Development Corporation, an individual involved in the controversial Daejang-dong development project. The prosecution believed that Lee, who was suspected of having ties to the project, lied in his favor even though he had interacted with Kim who oversaw it. In a separate instance, Lee claimed during a National Assembly audit that the rezoning of the Baekhyeon-dong site was due to "coercion from the Ministry of Land, Infrastructure and Transport," which the prosecution also deemed to be a falsehood.

The first trial court sentenced Lee to one year in prison and two years of probation, and the appeals court acquitted him. While the first instance court found that Lee knowingly made statements that differed from his memory and thus constituted publication of falsehoods, the appellate court found that his statements were not punishable because they were about perception or simply expressing an opinion.

However, the Supreme Court overturned the appellate decision again. The court said that Lee’s remark about “not playing golf with Kim” was not a matter of memory or perception, but a "specific factual claim likely to influence voters’ judgment" and thus a false statement that influenced the election. Similarly, his comment regarding the Baekhyeon-dong case was deemed a “factual declaration, not merely an exaggerated or abstract opinion.”

The case now returned to the Seoul High Court. If Lee is found guilty and receives a fine of 1 million won or more, he would lose his eligibility to run for office for five years. However, given the possibility of a re-appeal to the Supreme Court, legal experts believe it is unlikely that a final verdict will be reached before the presidential election on June 3. However, even if Lee wins the presidency, controversy may arise over whether the trial should be suspended.

Following the Supreme Court’s ruling, Lee said, “This is a ruling in a completely unexpected direction,” adding, “What matters most is that the law is ultimately a reflection of public consensus, and the will of the people is paramount.” Meanwhile, Kwon Young-se, chief of the PPP’s emergency leadership committee, said, “This alone disqualifies Lee as a presidential candidate,” and urged him to voluntarily step down.