Tuesday, 02 January 2024 12:17 GMT

Huge Changes In South Korean Political System Afoot As Vote Looms


(MENAFN- Asia Times) As South Korea approaches what may become the most consequential presidential election in its modern democratic history, two principal democratic institutions – the judiciary and the legislature – are accelerating toward a critical inflection point.

At the heart of this confrontation lies Democratic Party presidential candidate Lee Jae-myung, whose ongoing legal entanglements have triggered an institutional contest between the imperatives of the rule of law and the legitimacy of an electoral mandate.

What began as a legal proceeding involving alleged violations of the Public Official Election Act has rapidly evolved into a broader institutional contest with long-term implications for South Korean democracy. With just weeks remaining before the June 3 national election, both the judiciary and the legislature appear determined to assert their respective domains and competing visions of democratic authority.

The result is an escalating struggle that may redefine the nation's democratic foundations for decades to come.

Accelerated judicial process

The judiciary, notably the Supreme Court and Seoul High Court, has pursued Lee's case with exceptional urgency. At issue are statements he made during a prior election campaign. Prosecutors charged him with violating the Public Official Election Act by knowingly disseminating false information – an offense that carries criminal liability under South Korean law.

After years of conflicting rulings in lower courts, the legal process took a dramatic turn in April 2025 when the Supreme Court overturned an appellate court's acquittal. The case was remanded to the Seoul High Court with instructions to re-examine it under a presumption of guilt. Within hours of receiving the file, the High Court assigned the case to a criminal division, scheduled the first hearing for May 15, and issued a personal summons to Lee – an unusually expedited move aimed at accelerating proceedings.

Even the Supreme Court's own timeline was extraordinary. The verdict was issued just 34 days after the appeal was accepted and only nine days after it was referred to the Grand Bench – a procedural velocity virtually unprecedented in the South Korean legal system.

Legal analysts view this swift action as judicial activism intended to ensure that voters are fully informed about the case ahead of the election, reinforcing institutional accountability amid political turbulence.

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