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/ Source: Presidential Office Press Photo Pool

The Seoul High Court has indefinitely postponed the retrial of President Lee Jae‑myung on charges of violating the Public Official Election Act, citing constitutional protections granted to sitting presidents. The decision marks the first time a court has explicitly applied presidential immunity to an ongoing trial.

On June 9, the Criminal Division 7 of the Seoul High Court, presided over by Judge Lee Jae‑kwon, removed the retrial originally scheduled for June 18 from the court calendar, stating it would be “rescheduled at a later date.” The court cited Article 84 of the Constitution, which stipulates that “a sitting president shall not be subject to criminal prosecution while in office, except for crimes of insurrection or treason.”

Legal debate has surrounded whether this immunity applies to trials already underway before a president takes office. The court’s move sets a precedent that may extend to President Lee’s remaining criminal cases.

Currently, Lee faces five criminal cases. Of these, only three—related to alleged corporate credit card misuse, illegal remittances to North Korea, and bribery in the Daejang-dong development scandal—remain scheduled for hearings. The retrial on election law violations and a separate perjury case have now been suspended.

Legal analyst Kim So‑jeong noted, “With lawmakers pushing to legally suspend all criminal trials during a presidency, the court seems to have concluded that proceeding further has little merit. Other courts are unlikely to take a different view.”