Lee Jae-myung, leader of the main opposition Democratic Party, has filed a request for a constitutional review of the election law provision under which he has been charged with “spreading false information” in violation of Article 250, Clause 1 of the Public Official Election Act. The request, submitted ahead of his first appellate trial, was disclosed on Jan. 22. Legal experts have criticized the move, describing it as a “deliberate attempt to delay the trial.
On Nov. 15 last year, Lee was sentenced by the Seoul Central District Court to one year in prison, suspended for two years. If this sentence is upheld by the Seoul High Court or reduced but still results in a fine of at least 1 million won, Lee would lose his parliamentary seat and be barred from running in the next presidential election.
According to legal and political sources, Lee filed the request with the Criminal Division 6-2 of the Seoul High Court, seeking a constitutional review of Article 250, Clause 1 of the Public Official Election Act. This provision stipulates that anyone who disseminates false information about their birthplace, family relationships, occupation, or career through speeches, broadcasts, newspapers, or similar means, with the intent of being elected, faces up to five years in prison or a fine of up to 30 million won.
Prosecutors reportedly submitted a written opinion to the appellate court on the same day, opposing Lee’s request for a constitutional review of the election law provision. They argued that the law cited in Lee’s first trial conviction does not conflict with the Constitution. A member of the ruling People Power Party (PPP) said the prosecutors’ quick response ahead of the first appellate trial highlights their intent to prevent any delays in the legal process.
If Lee’s request for a constitutional review is granted and referred to the Constitutional Court, the trial would be suspended until a ruling is issued. Currently, the Constitutional Court is prioritizing its deliberation on the impeachment trial of President Yoon Suk-yeol, which could further delay Lee’s case.
However, legal analysts remain uncertain about whether the appellate court will accept Lee’s request. In March 2021, the Constitutional Court unanimously upheld the constitutionality of a similar provision in the Public Official Election Act, which penalizes the dissemination of false information in favor of specific candidates, ruling that it does not violate the principle of legality.
Rep. Joo Jin-woo, head of the PPP’s legal advisory committee, condemned Lee’s actions as a calculated attempt to delay proceedings. “The provision penalizing false statements in election law has been applied for decades and is clearly not unconstitutional. Lee’s move appears to be a deliberate tactic to stall the trial,” Joo said. He also noted that Lee had previously employed a similar strategy during his tenure as Gyeonggi Province governor, requesting a constitutional review after receiving a sentence nullifying his election as governor. Joo urged the appellate court to reject the request and proceed with the trial without delay.
Separately, Lee’s defense team has reportedly requested the court to accept a large number of witnesses ahead of the first appellate hearing, scheduled for Jan. 23. The PPP’s legal advisory committee has submitted a petition to the appellate court, arguing that Lee’s actions are intended to obstruct and delay the trial process.
