DPK leader acquitted of election law violation

Lee Jae-myung, leader of the Democratic Party of Korea, has been acquitted in the appellate trial of his election law violation case. This decision comes 131 days after he was sentenced to one year in prison with a two-year suspension in the first trial on November 15 last year.

On March 26, the Seoul High Court’s Criminal Division 6-2, presided over by Judge Choi Eun-jeong, overturned the lower court's ruling and found Lee not guilty of violating the Public Official Election Act by spreading false information. “The prosecution’s case does not eliminate reasonable doubt and therefore fails to prove criminal facts,” the court stated, acquitting Lee of all charges.

While he was a presidential candidate, Lee was indicted for allegedly making false statements during a 2021 broadcast. He had claimed he did not know Kim Moon-ki, a former senior official at Seongnam Development Corporation involved in the Daejang-dong project, describing him as a "lower-level employee" during his mayoral term. He also claimed that a photo released by the People Power Party, which appeared to show him playing golf with Kim, had been fabricated. In a separate incident that year, during a parliamentary audit, he claimed the Ministry of Land, Infrastructure and Transport had "threatened" the city government over the rezoning of Baekhyeon-dong land.

The first trial court found parts of these statements false and convicted Lee. However, the appellate court disagreed, ruling that Lee’s statement about the golf photo could not be considered a lie, nor was its falsehood clearly established. Regarding the “threat” over the Baekhyeon-dong rezoning, the court said the situation could be interpreted as considerable pressure from a public agency. It found Lee’s remarks exaggerated expressions of that pressure, rather than intentionally false claims.

With the appellate court overturning the conviction, Lee has shed a major legal burden. This may boost his political momentum should an early presidential election be called. After the verdict, Lee said, “If the prosecution and the government had put the effort they used to fabricate evidence and manipulate this case into wildfire prevention or improving people’s lives, how much better off we would be. I hope the prosecution reflects on its role and stops wasting public resources. Justice has prevailed.” Following the ruling, Lee traveled to Andong, North Gyeongsang Province, which was heavily damaged by recent wildfires.

The Democratic Party of Korea immediately welcomed the ruling. Its Committee on Judicial Justice and Countermeasures Against Prosecutorial Dictatorship said, “This is a firm decision by the judiciary rejecting the Yoon Suk Yeol administration’s unjust political oppression and a historic verdict that upholds the rule of law.”

Meanwhile, the ruling People Power Party voiced its dissatisfaction over the acquittal and called for a swift Supreme Court ruling. Kwon Young-se, interim leader of the party, said after the verdict, “Our party and I express severe satisfaction over the decision,” and urged the Supreme Court to promptly review the case under the '6-3-3' principle to ensure justice is served.


Oh-Hyuk Kwon hyuk@donga.com