Lee Jae-myung, the leader of the Democratic Party of Korea, has filed for a constitutional review of a law related to his alleged violation of the Public Official Election Act during the second trial. On October 4, legal sources reported that Lee’s legal team submitted an application to the Seoul High Court’s Criminal Division 6-2 (presiding judge Choi Eun-jung) for a constitutional review regarding Article 250 (1) of the Public Official Election Act, which penalizes the dissemination of false information for electoral success.
A constitutional review request is a system where the court can request the Constitutional Court to review the constitutionality of a law that is a premise of the trial, either on its own initiative or at the request of the parties involved. If the court accepts this request, the trial will be suspended until the Constitutional Court reaches a decision.
Although the court had previously indicated that the final trial hearing would be held on February 26, the submission of the constitutional review request by Lee’s team suggests that the trial and the verdict may be delayed. Even if the court dismisses the request, Lee’s team could directly appeal to the Constitutional Court for a constitutional complaint, although this would not halt the trial.
Article 250 (1) of the Public Official Election Act states that anyone who publicly declares false information regarding birthplace, family details, occupation, or experience, aiming for electoral victory, faces up to five years in prison or a fine of up to 30 million won.
Lee’s team had already submitted their opinion on the constitutional review to the court on September 17. Lee’s lawyer noted at the first appeal hearing that changes over time could render initially constitutional provisions unconstitutional, prompting a review of the appropriateness of the false information dissemination penalty in maintaining electoral culture and order.
Lee himself, during a press conference at the National Assembly on September 23, claimed that South Korea is reportedly the only country worldwide with a clause penalizing candidates for disseminating false information. This stance has drawn criticism from some quarters within the ruling party, labeling it as a “trial delay strategy.”