On March 26, 2025, a court of appeal ruled that Lee Jae-myung, leader of the ‘Toburo’ Democratic Party, was not guilty, cancelling a lower court’s ruling on a suspended sentence for violating the election law.
Of what was Lee Jae-myung found guilty?
Lee is involved in several criminal cases, but on November 15 and 25, 2024, he got two sentences. He was acquitted in one case of inciting false testimony on November 25, but on November 15, Lee was found guilty of making false statements during a parliamentary audit of the Gyeonggi Provincial government in October 2021.
Kim Moon-ki, the former head of Seongnam Development Corp., who committed suicide during a corruption investigation related to a building project, was one of the five who could have said a lot of interesting things, but died just in time. Lee Jae-myung’s involvement in the deaths has not been proven (although it is obvious to his haters), but more importantly, Lee stated that he had never met this man. There were, however, witnesses that Lee and Kim played golf together and went on work trips, as well as a photo of them together. Lee, of course, claimed that the photo was fabricated.
Furthermore, Lee was accused of lying that the Ministry of Land, Infrastructure and Transportation had forced him to change the zoning of the former site of the Korean Food Research Institute in Seongnam. Later, the site was built up with apartment buildings by a private developer close to Lee, which raised suspicions that Lee had gone to change the zoning in the interests of that company.
…And why was he acquitted?
Lee filed an appeal, and while it was being considered, the political situation changed; if the Constitutional Court approves the impeachment of Yoon Suk Yeol (of which there is high probability), then in 60 days there will be new presidential elections, and, judging by the ratings, the leading candidate is the head of the Democratic Party. In addition, some parliamentarians directly hinted that judges could be impeached if they went against the will of the people and, thereby, violated the constitution.
It was then that the servile officials found out that the photo of Lee next to Kim could be perceived as fabricated, since it was cut from a shared group photo of ten people. The fact that two are next to each other and that their poses hint at a good acquaintance does not matter. The same goes for playing golf: “It cannot be assumed that he lied about the fact that they did not play golf, and it is difficult to recognise this remark as false”, the court said, reminding the author of Clinton’s famous claim that he ‘smoked weed, but didn’t inhale’.
Also, the court concluded that Lee’s statements regarding the land plot could not be considered unreliable, since the Ministry of Land, Infrastructure and Transport had indeed sent three notifications to the Seongnam City Administration with an urgent demand to change the zoning of the land (although without specifying exactly how). But since there was a notification, the words of the opposition leader that he was “forced” may have been exaggerated, but they do not distort the essence.
What now?
After the verdict, Lee expressed his gratitude to the court, “I am grateful to the judiciary for making a proper decision based on truth and justice”…The prosecution and the administration fabricated evidence to go after me when they could have used their capacity to prevent forest fires or improve people’s livelihoods”. The 50 deputies from the Democratic Party who came to the court to support Lee welcomed this statement.
The Democratic Party and the Fatherland Innovation Party called the verdict “a victory of common sense”. “The prosecutor’s office brutally persecuted Lee, conducting a compulsory investigation to eliminate the president’s political opponent. In the end, however, the truth was revealed and justice prevailed”, said Democratic Party spokesperson Jo Seoung-lae. Deputy Kim Bo-hyup, who currently replaces the convicted Cho Guk, even called the court’s decision “an impeachment sentence for the prosecution, which is obsessed with eliminating political enemies. We send applause and encouragement to Lee and his supporters who have overcome the political oppression of the Yoon Suk Yeol administration”.
In turn, the Seoul Central District Prosecutor’s Office did not agree with the acquittal handed down by the Seoul High Court to the leader of the opposition ‘Toburo’ Party, Lee Jae-myung, and appealed to the Supreme Court. According to the prosecution, the decision of the court of second instance does not make sense in terms of practical experience, goes against the opinions of ordinary voters and misinterprets the legal principles regarding crimes related to the dissemination of false information. Prosecutors accused the Seoul High Court of relying solely on the politician’s statements, which the court of first instance rejected after a lengthy review, and did not take into account other circumstances.
The ruling People Power Party expressed deep regret over the court’s decision, noting that the Democratic Party “should not be optimistic about the verdict of the court of appeal, since this does not change the fact that Lee has been charged under five criminal articles. The Supreme Court may overturn the acquittal”. The leader of People Power, Kweon Seong-dong, said bluntly: “Many politicians have lost their political careers due to accusations of perjury, so I cannot understand how Lee was acquitted in the same case, even from the point of view of a professional lawyer”. However, some Democrats also called this verdict a ‘legal miracle’.
An open path to the throne?
This outcome is positive for Lee Jae-myung in many ways. First of all, there are now no barriers for him running for president if Yoon Suk Yeol is impeached and new presidential elections are scheduled, which should take place 60 days later. In this short period of time, the leader of the opposition, who is still the most likely candidate to win, may not have enough time to be sentenced again, after which he can only be convicted of revolt or high treason. Secondly, Lee, who has turned the party into his personal fan club, will further strengthen his leadership as a politician who has survived significant court battles, thereby increasing his appeal to both supporters and undecided voters. Thirdly, the court has cleared Lee of charges of violating election laws, and it will be more difficult for his opponents to undermine his authority.
However, this does not equate to a complete victory. Firstly, if the situation drags on or changes in any way, the Supreme Court may have time to speak out in favour of Lee, whose anti-rating is also very high.
Secondly, Lee remains involved in four other cases. He is charged with corruption related to development projects in Seongnam, involvement in the illegal transfer of $8 million to North Korea and the misuse of a local government credit card for personal expenses. Political science professor Shin Yul noted that “Lee’s position has strengthened, and his situation has improved with the removal of his most immediate legal threat. However, multiple trials still loom over him…While his legal trouble aren’t over, this verdict gives him a temporary reprieve”.
Thirdly, a polarised society does not have a single opinion, and there is an established consensus within each camp on whether he is guilty or not. Accordingly, both the accusation and the acquittal of the opposition leader only strengthens the split, the consequences of which will certainly be felt.
Konstantin Asmolov, PhD in History, Leading research fellow at the Center for Korean Studies, Institute of China and Modern Asia, Russian Academy of Sciences
