Lee Jae-myung Faces Guilty Ruling… Supreme Court Finds Election Remarks Misleading

The South Korean Supreme Court has overturned an appellate court's acquittal of Lee Jae-myung, presidential candidate of the Democratic Party, in a high-profile election law case.

On May 1, the Supreme Court's full bench returned the case to the Seoul High Court with a guilty ruling in principle, citing misinterpretation of legal standards under Article 250, Clause 1 of the Public Official Election Act.

At issue were Lee’s past comments during the 2022 presidential campaign, including his denial of knowing Kim Moon-gi, a former official at Seongnam Development Corporation, and his claim that the Ministry of Land pressured the city of Seongnam in the controversial Baekhyeon-dong development project.

The court found both statements to be factually false and constituting the publication of false information during an election campaign.

Regarding the so-called “golf remark,” the court concluded that Lee had indeed played golf with Kim during an overseas trip, making his denial untruthful. In addition, the court ruled that the city of Seongnam had independently promoted rezoning in the Baekhyeon-dong case without pressure from the central government, contradicting Lee's assertions.

Presiding Chief Justice Cho Hee-dae stated that the standard for assessing the truthfulness of a candidate's remarks should be based on how ordinary voters interpret the statements, particularly those that could mislead the public on key issues related to the candidate’s qualifications.

Of the 13 justices involved, 11 participated in the ruling. Ten supported the majority opinion, while Justices Lee Heung-gu and Oh Kyung-mi dissented, arguing that the remarks were ambiguous and did not meet the threshold for criminal conviction.

Lee was indicted in December 2021 for allegedly spreading false information during televised appearances and a parliamentary audit session.

The first trial found him guilty and sentenced him to one year in prison with a two-year suspended sentence. However, the appellate court overturned that verdict, deeming the remarks as opinions or misperceptions rather than intentional falsehoods.

The Supreme Court's ruling, issued just 34 days after taking up the case on March 28, is notable for its speed—a move seen as influenced by the political significance of the case and its implications for Lee’s eligibility for public office.

Conservative groups gathered outside the Supreme Court in Seoul on the day of the ruling, holding placards celebrating the decision.

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