The South Korean court postponed the retrial date of South Korean President Lee Jae-ming's violation of the Public Office Election Law.
On the 9th, the Criminal Department of the Seoul High Court (Minister Judge Lee Jae-kwon) stated that according to Article 84 of the Constitution, the date of retrial of South Korean President Lee Jae-myeon, who was originally scheduled to be abolished on the 18th, was designated as a future date.
Specifying (presumed) after the date refers to the situation where the next date is not specified when the date is changed, extended or renewed.
Previously, the retrial court issued a date of the first public trial as the 15th of last month before the presidential election, but according to South Korean President Lee Zaiming's request to postpone the date until after the election, the date was postponed to the 18th of this month.
The Seoul High Court explained that the measure was taken in accordance with Article 84 of the Constitution. Article 84 of the Constitution stipulates: "The president will not accept criminal prosecution during his tenure except for civil strife or foreign exchange crimes."
As the postponement of the retrial trial, it is expected that all future trials will be interrupted.
While each court can make different judgments on whether to suspend the trial, the decision of the Seoul High Court will also have an impact on other cases.
At present, including those who violate the Public Office Election Law, President Li is being tried in five cases, including suspected of instigating perjury, Dazhuang Cave, Baixian Cave, Chengnan FC, Fuli Xincheng City, and misappropriation of legal person cards.
There are different explanations on whether the president's non-prosecution privilege stipulated in Article 84 of the Constitution applies to trials that are already ongoing.
"Prosecution" is divided into impeachment prosecution and criminal prosecution. Article 84 of the Constitution only involves criminal issues.
The "prosecution" in South Korea refers to prosecution, that is, the prosecution filed a public prosecution.
The trial in which South Korean President Lee Jae-ming has been prosecuted may continue if explicit provisions are explained literally.
The purpose of Article 84 of the Constitution is to ensure the stable national operation of the president. Therefore, some analysts believe that all trial procedures related to prosecution should be included, but some analysts believe that this is not against tit.
In addition, South Korean President Lee Jae-ming was handed over to trial in September 2022 during the 2021 Democratic presidential candidate campaign for suspected failure to know Kim Wenji's speech and his speech about Bai Hyun-dong were false.
Li Zaiming was sentenced to one year in prison in the first instance in November last year, with a reprieve of two years, which is equivalent to "losing his position as a member of parliament", but was acquitted in the second instance in March this year.
Then, the Grand Court revoked the second-instance judgment on May 1 and sent it back with the intention of guilt.
The judgment of the Grand Court must obey the lower-level trial, so the High Court cannot reverse the conclusion of the entire collegial panel to be innocent.
Kuang Singdong, the South Korean national power, said to Lee Jae-ming: "The presidential election certificate is not a crime exemption symbol represented by the comprehensive set of crimes and unhealthy styles. (Lee Jae-ming) Even if he is elected as president, he must accept all the trials ongoing dignity."
Kuang Singdong said: "Before the Ministry of Justice's judgment, not only did he not reflect on himself and reflect on himself, but he expected the people to give the crime exemption symbol an arrogant act. The presidential election is an election to elect leaders who represent the Republic of Korea to lead the national affairs, rather than a majority vote to decide the issuance of the crime exemption symbol."
Korean National Forces Emergency Countermeasures Chairman Kim Longtai said on the 3rd: "Even if Lee Jae-ming candidate is elected, the trial will be held as scheduled. If the decision to revoke the purpose of guilt is to be revoked, the first time in constitutional history in which the presidential election needs to be held again may occur within two months."
Korean National Forces Emergency Countermeasures Chairman Kim Longtai said on his social media that morning: "Lee Jae-ming will be retried on June 18 in half a month."
