Lee Jae-myung, leader of South Korea’s Democratic Party of Korea (DPK), is using legal maneuvers to stall his trial on charges of illegal remittances to North Korea. His latest tactic—a motion to disqualify the presiding judge—is a calculated delay strategy, continuing a pattern of legal stalling that has plagued the case since his indictment in June.
In July, Lee sought to transfer the case from the Suwon District Court to the Seoul Central District Court, a request ultimately denied by the Supreme Court. Following that rejection, he requested the replacement of the trial judge, which was also dismissed. Now, Lee has escalated his efforts by filing a motion to disqualify the presiding judge.
Lee is being tried as an alleged co-conspirator with former Gyeonggi Province Vice Governor Lee Hwa-young, who has already been sentenced to nine years and six months in prison for his role in the same case. Lee Jae-myung argues that the presiding judge, who sentenced Lee Hwa-young, violates the principle of presumption of innocence by overseeing his case. However, South Korean law does not support judge reassignment based on such reasoning, and the request was dismissed.
Despite being indicted in June, the trial has yet to begin substantive proceedings. Four preparatory hearings have been held, but defense lawyers have repeatedly delayed progress, citing issues such as incomplete document review. The presiding judge even expressed frustration, saying, “I have never seen a case delayed this much.”
When the court announced plans to proceed with the trial next year, Lee submitted his motion to disqualify the judge, further stalling proceedings.
Under South Korean law, frivolous motions to recuse a judge can be immediately dismissed. However, the court handling Lee’s case decided to follow standard procedures, referring the motion to another panel for review. This decision suspends all trial proceedings until the Supreme Court rules, a process that may take two to three months.
Complicating matters further, the current presiding judge is expected to be reassigned during personnel reshuffles in February. If this occurs, the trial would need to restart, potentially delaying proceedings by up to a year. Such tactics not only undermine the judicial process but also raise concerns about the court’s role in enabling this erosion of justice.
Lee has also been accused of delaying another legal battle related to election law violations, where he received a prison sentence in the first trial. His defense team has reportedly avoided accepting official court notices for the appellate hearing, further drawing out the process. Lee is exploiting legal loopholes to delay his trials while simultaneously pressuring the Constitutional Court of Korea to fast-track impeachment proceedings against President Yoon Suk-yeol—the height of hypocrisy.
