Court postpones Lee's retrial, easing election tensions

The Seoul High Court has postponed the first hearing of the retrial for Democratic Party of Korea presidential candidate Lee Jae-myung, originally scheduled for May 15, to June 18, following the presidential election. The court accepted a request from Lee’s legal team for a date change, stating, "The decision was made to ensure equal opportunities for election campaigning and to avoid disputes over the fairness of the trial.”

After receiving the case file from the Supreme Court’s remand ruling, the Seoul High Court moved quickly, assigning a judicial panel and scheduling a trial date. This swift action is unusual, as court summons are typically delivered by a bailiff only after mail delivery fails. In this case, however, the court requested simultaneous delivery by both bailiff and mail. The Democratic Party of Korea strongly objected, accusing the judiciary of “intervening in the election through a speed-driven process.”

As the election approaches, the judiciary’s attempt to press forward with Lee’s trial has sparked controversy, with concerns raised about depriving Lee of his right to campaign and breaching the principle of judicial restraint during the election period. In addition to the election law retrial, Lee faces four other hearings related to the Daejang-dong scandal and a perjury case before the election. The Democratic Party of Korea has labeled these legal proceedings “election interference,” but the court’s recent postponement is seen as a step back from escalating tensions.

While welcoming the delay as “a decision aligned with the principles of popular sovereignty and common sense,” the Democratic Party of Korea continued to apply pressure on the judiciary. On May 7, the National Assembly’s Legislation and Judiciary Committee, which is controlled solely by the Democratic Party of Korea, passed a resolution to hold a hearing with Chief Justice Cho Hee-dae on May 14 and announced plans to file a criminal complaint against him and push for a special prosecutor. Following the Supreme Court ruling, some Democratic lawmakers made disparaging remarks about the judiciary, including questioning the chief justice’s authority and vowing legislative retaliation. However, there are signs that the party is moderating its push for Cho’s impeachment.

Meanwhile, the main opposition party is moving forward with controversial amendments to the Public Official Election Act and the Criminal Procedure Act. The proposed changes include removing the “act” element from the crime of disseminating false information, the charge on which Lee was indicted, and suspending criminal trials for sitting presidents. The ruling People Power Party criticized the proposal, calling it a “Lee Jae-myung Immunity Act.”