Jo Guk warns Lee indictment dismissal push could trigger legal disputes

  • Jo Guk warned against the Democratic Party’s proposed dismissal of President Lee’s indictment.
  • May 2025 Supreme Court ruling found Lee’s Kim Moon-gi and Baekhyeon-dong statements false.
  • The Democratic Party proposed the special counsel bill in April to investigate alleged fabricated indictments.

Director Jo Guk of the Rebuilding Korea Party’s Innovation Policy Research Institute warned on September 1 that efforts by the Democratic Party of Korea to dismiss the indictment against President Lee Jae Myung could create political and legal setbacks. He said the second trial in Lee’s Public Official Election Act case, which was postponed after he took office, would have a very high likelihood of a guilty verdict if the Supreme Court’s legal reasoning remains intact. The Supreme Court’s full bench overturned an appellate acquittal in May 2025 and remanded the case to the Seoul High Court, ruling that Lee’s statements about a golf photograph involving the late former head of Seongnam Urban Development Corporation, Kim Moon-gi, and the Baekhyeon-dong land-use dispute were false. Jo argued that an indictment cannot be dismissed for fabrication without confirmed evidence and that current Article 255 of the Criminal Procedure Act permits dismissal only before a first-trial verdict. He said extending that power to cases already at the second-trial stage could trigger constitutional disputes. The Democratic Party proposed a special counsel bill in April to investigate alleged fabricated indictments in cases pursued during the Yoon Suk-yeol administration, including Daejang-dong and Ssangbangwool’s inter-Korean remittances. The bill would allow the special counsel to request case transfers and influence whether indictments are maintained, while some party members seek to add dismissal powers. The People Power Party opposes the measure, calling it a mechanism intended to absolve President Lee.

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