[SEOUL] South Korea’s presidential race faces a potential shake-up after leading candidate Lee Jae-myung was found guilty by the nation’s top court for violating election law.
The Supreme Court on Thursday (May 1) overturned a March ruling by the Seoul High Court that had cleared Lee of making false claims in 2021 while campaigning in the 2022 presidential election.
Chief Justice Jo Hee-de said the high court’s ruling was based on “a misunderstanding” of legal principles under the Public Official Election Act. The case now returns to the high court for final sentencing.
The case has cast a shadow over Lee’s bid to become president in the Jun 3 election. While he can remain in the race for now as legal proceedings continue, a prison sentence or a fine exceeding 1 million won (S$1229) handed down before the vote would effectively disqualify him.
So far, Lee – former leader of the main opposition Democratic Party – has secured his party’s nomination and holds a commanding lead in national polls.
“The ruling has gone in a completely different direction from what I had expected,” Lee told reporters following the decision. “However, what matters most is that the law reflects the will of the people – and ultimately, it is the voice of the people that is most important.”
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Shortly after the court ruling, Prime Minister Han Duck-soo, who’s also acting president, stepped down, clearing the way for his widely expected presidential bid. Though he currently trails Lee by a wide margin in the polls, Thursday’s verdict could give Han a boost as the race enters a critical phase. In the interim, Finance Minister Choi Sang-mok will stand in as acting president as stipulated by law.
Political turmoil
The upcoming election is seen as pivotal to restoring political and economic stability following months of turmoil. A Gallup Korea poll released April 25 showed Lee leading with 38 per cent support to replace former President Yoon Suk Yeol, a conservative who was removed from office in April after a failed attempt to impose martial law.
Lee, 60, has been dogged by legal troubles that may reignite debate over his suitability as a candidate. The latest case stems from two remarks he made during his previous presidential campaign in 2021. Prosecutors charged him with violating election law for making false statements regarding land development projects in Seongnam, which took place while he was mayor of the city.
In November 2024, the Seoul Central District Court found Lee guilty and handed him a one-year prison sentence suspended for two years – a verdict that would have disqualified him from running for office for 10 years. The Seoul High Court overturned the ruling in March, but prosecutors appealed, leading to the Supreme Court review.
He also faces four separate trials on charges including bribery and breach of duty related to the property development scandals in Seongnam. Some cases may take years before the first court ruling is delivered.
Lee has denied any wrongdoing, describing the charges against him as politically motivated. Nonetheless, his ongoing legal troubles have contributed to his reputation as one of South Korea’s most polarising political figures. He narrowly lost the 2022 presidential race to Yoon in the closest contest in the country’s history. BLOOMBERG
