Acquittal of Lee could signal breakdown of justice

Mar 28, 2025, 10:28 am

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Lee Jae-myung, leader of the main opposition Democratic Party (DP), leaves the Seoul High Court on March 26, 2025, after attending the appellate trial verdict hearing for charges of violating the Public Official Election Act./ Photographed by Park Sung-il

AsiaToday reporter Kim Im-soo

Attorney Seo Jung-wook has voiced strong opinions on the ongoing trial of Lee Jae-myung, leader of the main opposition Democratic Party (DP), regarding his alleged violation of the Public Official Election Act. Speaking on March 27, Seo stated, "The Supreme Court will be able to make its own judgment through a reversal and retrial. If the second trial's ruling is finalized, public distrust in the judiciary will reach its peak." Seo highlighted the contrasting outcomes of Lee's previous trials during his tenure as Gyeonggi Province Governor. "His earlier trial resulted in acquittal in the first instance, conviction in the second, and a Supreme Court ruling for retrial with a focus on acquittal. This time, however, the outcome may be completely opposite," Seo remarked.

Known for his critical stance, Seo has previously argued on platforms like YouTube that an acquittal for Lee would signify the collapse of South Korea's judicial system.

In an interview with AsiaToday, Seo expressed confidence that the Supreme Court would overturn the acquittal ruling. The Seoul High Court's recent decision to acquit Lee has sparked significant backlash in legal and political circles. The prosecution filed an appeal within a day, leaving the final judgment to the Supreme Court.

Seo criticized the second trial's interpretation of key evidence, calling it "trivial wordplay." He argued, "The court's characterization of the Ministry of Land, Infrastructure, and Transport's coercion remarks as mere opinion is misleading. There has never been a case in Korea where land-use zoning was upgraded by four levels at once. Lee used the ministry as an excuse to conceal his relationship with the Baekhyeon-dong lobbyist, yet the ruling fails to mention Kim In-seop entirely."

Pointing to the composition of the Supreme Court, Seo predicted a reversal and retrial or a direct ruling. "The court has shifted significantly toward moderate conservatives appointed by President Yoon Suk-yeol. I expect about 8 to 9 justices to lean toward convicting Lee," he said.

Seo emphasized that the Supreme Court, as a court of law, does not conduct evidence investigations. However, he noted that the extensive witness testimonies and records from the first and second trials provide sufficient grounds for judgment. He also advocated for activating the reversal and retrial system, citing Korea's low reversal rate of 5% compared to Japan's 50%.

Even if Lee is acquitted, Seo warned that judicial risks would persist. "The perjury inducement case is likely to be ruled on in May or June, and the first trial for the North Korea remittance case could conclude within this year. Even if Lee becomes president through an early election, ongoing trials will not be halted. This was the prevailing view even when former Daegu Mayor Hong Joon-pyo ran for president while undergoing a Supreme Court trial," Seo explained.

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