Lee Jae-myung clears one legal hurdle, still confronts scrutiny of leadership

Lee Jae-myung, leader of the main opposition Democratic Party of Korea, was acquitted on appeal of violating election law on Wednesday — a dramatic reversal of a lower court’s ruling that had threatened to derail his political ambitions.

The Seoul High Court ruled that Lee’s public statements in 2021, previously deemed violations of the Public Official Election Act, did not constitute the dissemination of false information under the law.

The appellate court found Lee not guilty on both counts of which he had been convicted in the lower court. The first charge related to his claim that the Ministry of Land, Infrastructure and Transport had “coerced” the city of Seongnam, Gyeonggi Province, into rezoning land — a statement the first court had deemed misleading.

The second charge concerned his assertion that a photograph showing him playing golf with the late Kim Moon-ki, a key figure in a land development scandal, had been fabricated. While the lower court saw these remarks as intentional falsehoods, the appeals court ruled that they fell within the realm of political discourse and so were not punishable under election law.

The ruling is being deemed controversial, as it reveals broader legal ambiguity surrounding political speech and inconsistencies in the application of South Korea’s election laws.

The appellate court’s verdict has nullified the November ruling, which sentenced him to a one-year prison term, suspended for two years. With this acquittal coming 131 days after his conviction, Lee has secured a temporary reprieve from the judicial risks that have loomed over his political future.

Though his acquittal strengthens his political hand, Lee’s path to the presidency is far from assured. His legal battles are not over, as the prosecution made clear Wednesday it would appeal to the top court.

With a Supreme Court ruling on his case pending, Lee’s legal status is a matter of intense public scrutiny. If the Supreme Court ultimately overturns the appellate decision and reinstates his conviction, he would again face disqualification.

If the Constitutional Court upholds the impeachment of President Yoon Suk Yeol, who plunged South Korea into political turmoil with his short-lived martial law decree on Dec. 3 last year, an early election is to be held within 60 days of the ruling. The verdict on Yoon is expected in early April.

While Lee may view his acquittal as vindication, he would do well to recognize that it does not absolve him of broader concerns surrounding his leadership. His legal troubles, in part, stem from his own statements, underscoring the need for greater discipline in his political messaging.

Moreover, Lee’s struggles to consolidate centrist support suggest that he has yet to fully capitalize on growing public discontent with the ruling People Power Party. For South Korea’s next presidential election, mere legal survival will not suffice — voters will be looking for a leader who can inspire confidence, bridge political divides and address the country’s mounting economic and security challenges.

Lee, as leader of the main opposition party, must set an example by upholding the rule of law, rather than using his party’s legislative majority to shield himself from judicial scrutiny. His efforts to challenge the prosecution have at times veered into outright institutional pressure, raising concerns about the erosion of democratic norms.

For now, Lee has won one legal battle.

But if he is to prove himself as a viable leader of this nation, Lee must move beyond legal wrangling and focus on demonstrating his capacity to lead. South Korea faces pressing economic challenges, geopolitical risks and social divisions. The country needs leadership that prioritizes stability and national interest over factional infighting. Whether Lee can rise to that challenge remains to be seen.


koreadherald@heradcorp.com