“If I have to escape anyway, I’d rather do it quickly. Even if my neck is on the guillotine, bearing the responsibility of 13.6 million people is a heavy and difficult burden.” These were the words posted by Lee Jae-myung, the former leader of the Democratic Party of Korea, on his social media in the early hours of February 24, 2020, during his tenure as the Governor of Gyeonggi Province. At that time, he was facing a Supreme Court trial after being sentenced to a penalty that could lead to the loss of his governorship in a Court of Appeals for violating the Public Official Election Act. The Supreme Court assigned the case to a full bench. Typically, Supreme Court cases are tried by three panels, each consisting of four Supreme Court justices. However, very important cases or those with divided opinions among the justices are handled by a full bench, which includes all 12 justices plus the Chief Justice. The use of the term “guillotine” reflects Lee’s desperate feelings as he awaited the full bench’s verdict.
In Lee’s case, one Supreme Court justice, who had close ties with him, recused himself, leading to Chief Justice and 12 others participating in the trial. On July 16, 2020, the full bench announced its decision, revoking the appellate court’s verdict by a 7-5 opinion, overturning the ruling that sentenced him to a fine of 3 million won and sending the case back to the Suwon High Court on grounds of possible acquittal. This allowed Lee to not only retain his position as Governor but also to run for the presidential election scheduled for March 2022. Lee, who previously lamented that “his neck was on the guillotine and now it’s all up to the executor,” must have been overjoyed.
Eventually, Lee became the presidential candidate for the ruling Democratic Party in 2022 but narrowly lost to Yoon Seok-yeol of the People Power Party, making him set sights on the next opportunity. However, during the campaign, Lee faced a contrarily fettered fate as he was prosecuted for allegedly spreading false information under the election law. After about two years, the Seoul Central District Court, in November 2024, found him guilty and sentenced him to one year in prison with two years of probation. If the sentence becomes final, Lee would lose his parliamentary seat and be ineligible to run for elections for the next five years, excluding him from the 2027 presidential election. Critics of Lee welcomed this outcome. Some went so far as to declare the end of “politician Lee Jae-myung.” However, in March of this year, the Seoul High Court overturned the initial verdict by declaring him not guilty, revitalizing Lee’s political life, much to the delight of his supporters.
On the 22nd, the Supreme Court referred Lee’s election law violation case to a full bench review. It was Chief Justice Cho Hee-dae, who also serves as Chairman of the National Election Commission, who made this decision, considering the gravity of the case. With Supreme Court Justice Noh Tae-ak recusing himself due to a conflict of interest, Chief Justice Cho and 12 others are set to preside over the case. Lee is currently a contender in the Democratic primary ahead of the June 3rd special presidential election following the impeachment of former President Yoon Seok-yeol. He is leading in various opinion polls, positioning himself as the strongest candidate for presidency. Some speculate that the Supreme Court will expedite proceedings to conclude before the election. The final decision, be it upholding the original verdict or overturning it, holds significance not just for Lee himself but for the future of South Korea. Just as in 2020, Lee might once again feel as if he is standing before a cold guillotine.