Supreme Court overturns Lee Jae-myung's acquittal in election law violation, sends case back to high court

Thank you for joining us. I'm Yoon Jung-min.

We start with a major ruling today ahead of the presidential election next month.

The Supreme Court today returned to the high court an election law violation case against DP's presidential candidate Lee Jae-myung, with the intent of a guilty verdict.

It set the rule by drawing a line between what amounts to freedom of expression and what constitutes false information, when it comes to statements by candidates that could affect voters.

Our political correspondent Shin Ha-young reports.

The Supreme Court has sent the election law violation case of Democratic Party presidential candidate Lee Jae-myung back to the high court.

The top court was split 10 to two.

It had a full bench oversee the case and reviewed it at an unusually fast pace ahead of the upcoming presidential election.

Thursday's ruling follows an appeal by prosecutors against a high court ruling in March that had overturned an initial guilty verdict by a local court.

In the initial verdict by Seoul Central District Court in November, Lee was convicted of making false statements in 2021, leading up to the presidential campaign in the following year.

The Supreme Court on Thursday also provided guidelines for determining which statements by candidates are considered false.

Regarding the "meaning of expressions," the court emphasized that it should be interpreted from the perspective of the general voter, not the candidate or the court itself.

When judging "false facts," it emphasized that it's important to consider whether the statement is minor and doesn't affect voters' judgment, or if it's significant enough to mislead them.

In this regard, the court ruled that Lee's statements are considered as spreading false information under Public Official Election Act.

Lee Jae-myung did not appear in court on Thursday, as defendants are not required to be present.

He said the ruling is completely different from what he believed.

"The ruling is completely different from what I thought. The law is an agreement by the people, and the will of the people is what matters most.

The DP criticized the ruling, calling it clearly political and rushed, and accused the court of unfairly interfering in the presidential election.

On the other hand, the People Power Party welcomed the ruling, called for Lee's resignation, and urged the DP to nominate a new candidate.

"The Supreme Court confirmed that Lee distorted public judgment by spreading false information. That alone disqualifies him as a presidential candidate. Stepping down is just common sense."

Lee will now face a retrial at the Seoul High Court.

Since the court must follow the Supreme Court's decision, he's expected to be found guilty.

The court is expected to hold a sentencing hearing to decide Lee's sentence.

Thursday's ruling drew much attention, as it could have affected presidential front-runner Lee's eligibility to run in the upcoming election.

With the case sent back for a retrial, his candidacy remains unaffected, since a final ruling has yet to be made.

However, if he is elected before the ruling, it could spark controversy over whether the trial should be paused during his term.

If the ruling comes before the election, and if Lee receives a fine of one million Korean won, about 700 U.S. dollars, or more, he would be barred from running for elections for five years, including the June 3rd election.

If sentenced to a prison term, the ban extends to ten years.

Shin Ha-young, Arirang News.