[Herald Economy, Reporter Park Ji-young] Lee Jae-myung, leader of the Democratic Party, was summoned as a witness in the trial regarding allegations of preferential treatment in the Daejang-dong development case involving private contractors. However, after multiple absences, the court decided to cease summoning him.
On the morning of the 7th, the 22nd Criminal Division of the Seoul Central District Court (Chief Judge Cho Hyung-woo) conducted the first trial for the Daejang-dong private contractors, but it concluded in about 30 minutes due to the absence of Representative Lee. Although the court scheduled his witness testimony for March 21, 24, 28, 31, and April 7 and 14, he failed to appear five times.
The court stated, “The trial has been ongoing for a significant duration since late 2021. We cannot wait while focusing solely on the witness issue,” adding, “We will no longer summon Lee Jae-myung as a witness.” Previously, the court imposed monetary penalties twice on Lee for his failures to appear. The prosecution requested the issuance of an arrest warrant and other compulsory measures.
However, the court decided to proceed with the remaining trial without Lee’s testimony, citing a lack of feasibility. Regarding the arrest warrant, the court pointed out, “The witness has parliamentary immunity. It is realistically difficult to summon him six times requiring National Assembly consent,” adding, “Fines have not effectively ensured his appearance. We cannot wait for each witness session to determine if the consent decision will be made.”
According to the Criminal Procedure Act, Article 152, if a witness does not comply with a summons without a valid reason, they can be compelled to appear. Additionally, if a witness does not appear even after being fined for not having a valid reason, they may be detained for up to seven days (Article 151). Detention involves confinement in prison or a detention center based on a court’s decision. The court can hold a separate detention hearing for an absent witness and execute detention depending on the result.
The court remarked, “Detention also restricts liberty, and due to contestation of the fine decision, the fine has not been finalized, thus the detention process cannot proceed.” On the 4th, Lee objected to the two fines imposed by the court.
The prosecution expressed regret, stating, “Parliamentary immunity was introduced to protect politicians from undue pressure on lawmakers, and it is inappropriate to apply it to witness attendance.”
Meanwhile, the private developers from Daejang-dong were brought to trial on charges, including causing 489.5 billion won in losses to the Seongnam Development Corporation related to the Daejang-dong development project carried out during Lee’s term as mayor of Seongnam (charged under the Act on the Aggravated Punishment of Specific Economic Crimes for breach of trust). Lee was indicted without detention in March last year for alleged preferential treatment in Daejang-dong and Wirye New Town developments and suspected sponsorship money to Seongnam FC. The prosecution charged Lee with conspiring with the Daejang-dong developers to funnel excessive profits and causing billions in losses to the Seongnam Development Corporation and others, under charges including breach of trust and violation of the Anti-Corruption Act. The case is currently under trial by the 33rd Criminal Division of the Seoul Central District Court (Chief Judge Lee Jin-kwan).