SEOUL, June 09 (AJP) - President Lee Jae-myung will not face trial during his presidency in a key election law case, as a high court in Seoul postponed proceedings indefinitely on Monday, citing constitutional protections for a sitting head of state.
The Seoul High Court announced on Jun. 9 that it had canceled a hearing previously set for Jun. 18 in Lee’s ongoing retrial. No new date was set. The court said the decision was made “in accordance with Article 84 of the Constitution.”
That clause states that a president may not be prosecuted while in office, except in cases of insurrection or treason. While the Constitution does not clearly state whether this includes ongoing criminal trials, the court’s move suggests it interprets the immunity broadly, applying it not only to new indictments but to active proceedings as well.
In South Korean legal terms, the trial now enters what is known as “to be decided later,” a limbo in which no further hearings are scheduled, and the case effectively stalls. Courts often use this designation when a case cannot move forward for legal or procedural reasons.
The trial in question involves allegations that Lee violated the Public Official Election Act during the 2022 presidential election. It is one of several high-profile cases he has faced over the past few years. But with the court now invoking constitutional immunity, it is unlikely this particular case will proceed before the end of his term.
This marks a turning point for Lee. The legal obstacles that dogged his path to the presidency, including court appearances, pending rulings, and ongoing investigations, have now largely been pushed aside, at least temporarily.
Attention is now turning to the other courts where Lee has pending cases. These include trials over allegations tied to urban development scandals in Daejang-dong, Baekhyeon-dong, and Wirye, corporate sponsorships connected to the Seongnam FC football club, unregistered foreign transfers to North Korea by the Ssangbangwool Group, and misuse of a government-issued corporate card. An appeal in a separate witness tampering case is also underway.
With the latest court decision, however, none of these cases may move forward while he remains in office. For now, President Lee is free to govern without the immediate weight of courtroom battles hanging over his presidency.
reporter
Park Sae-jin
swatchsjp@ajunews.com
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