Lee Jae-myung, the presidential candidate of the Democratic Party of Korea, expressed his stance on the Supreme Court’s verdict on the violation of the Public Official Election Act after a meeting with non-regular workers at a pub restaurant in Jongno-gu, Seoul, on the 1st. As the retrial for candidate Lee’s violation of the election law approaches in nine days, attempts to serve related documents are set to begin in earnest from the 7th. According to the current criminal procedure law, if documents are not served by the 9th, the court must reschedule the date.
The Seoul High Court’s Criminal Division 7, presided by Judge Lee Jae-kwon, has set the first hearing for Lee’s retrial on the 15th. The court has sent the notice of the court date and summons to the plaintiff, requesting the court official to deliver the summons directly. The court has requested delivery not only at Incheon District Court, which has jurisdiction over Lee’s residence, but also to South Seoul District Court, which has jurisdiction over Yeouido, where the National Assembly is located. The summons must be delivered to Lee, and substituted delivery, such as giving it to the office staff, can also be considered complete.
Criminal Procedure Law Article 269 states that there must be a grace period of more than five days after serving the summons before the first trial. The commentary explains that this grace period is to ensure that the summoned individual has adequate time to prepare for the trial, emphasizing that the serving day and trial day are not included in the five-day count. For Lee, this means the summons must be delivered by the 9th to ensure a five-day grace period before the trial on the 15th.
One lawyer commented that if Lee receives the summons after the 9th, the five-day grace period would not be met, making the court date potentially improper. If Lee objects, a new date must be set. While some in the legal community suggest this five-day rule may not apply to remand trials, the commentary clarifies that Article 269 of the Criminal Procedure Law applies to appeals and remand trials alike.
Professor Han Sang-hoon from Yonsei University Law School emphasized that the provision ensures sufficient time and protection of defense rights, regardless of it being an appeal or remand trial. In previous instances involving Lee’s election law violation appeals, delays in delivery occurred. Notifications sent by mail failed twice due to unknown address status and absence. It eventually took nine days for a court officer to deliver it directly to Lee’s secretary in his office.
Subsequently, during a Supreme Court appeal, the document was returned again due to absence and was personally delivered by a court officer. In Lee’s bribery case involving the Ssangbangwool Group, it took 48 days after eight attempts for the delivery of a dismissal decision for a judge disqualification motion.
Even if the summons is delivered to Lee, if he does not appear on the 15th, the court must reschedule the trial. If he does not attend the rescheduled date, proceedings can continue, potentially leading to a conclusion and ruling. Post-verdict, there are seven days for an appeal and 20 days to submit appeal reasons. Following criminal procedure law timelines, a final verdict before the June 3 presidential election is impossible.
The Democratic Party has requested the court reschedule all trial dates set before the start of campaign activities on May 12 to after the election.