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Seoul Court Postpones President Lee Jae-myung’s Trial Citing Constitutional Protection

Seoul Court Postpones President Lee Jae-myung’s Trial Citing Constitutional Protection. Source: 이재명, CC BY 3.0, via Wikimedia Commons

A Seoul court announced Monday it will indefinitely postpone the trial of South Korean President Lee Jae-myung, who faces charges of violating election law during his 2022 presidential campaign. The decision comes after the Supreme Court ruled in May that Lee made false public statements during the campaign, sending the case back to the appeals court.

The Seoul High Court had planned a hearing for June 18 but has now delayed it without setting a new date. A court spokesperson confirmed the postponement, citing Article 84 of South Korea’s Constitution, which protects a sitting president from criminal prosecution while in office, though the court did not elaborate further.

Legal experts remain divided on whether this constitutional protection applies to trials that began before a president was elected. The Supreme Court’s National Court Administration stated in May that individual courts must decide if Article 84 applies in such cases, leaving it up to judges to determine whether proceedings should continue.

President Lee’s office has not yet commented on the court’s decision. Meanwhile, his Democratic Party, which holds a parliamentary majority, is reportedly preparing legislation that would suspend trials for sitting presidents. Local broadcaster KBS reported that the bill could be passed this week, potentially shielding Lee from further legal proceedings.

However, the proposed bill may face a legal challenge in the Constitutional Court, as critics argue it could be unconstitutional. The debate adds to growing political tension surrounding President Lee’s legal status just days after his inauguration on June 4, 2025.

The case marks a significant test of South Korea’s constitutional law and judicial independence amid growing concerns about the intersection of politics and legal accountability.

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