Seoul: The ruling Democratic Party of Korea announced on Monday that it has decided not to advance the contentious "trial suspension bill," which aimed to halt criminal trials of sitting presidents. This decision came just a day after a party spokesman suggested that the bill might be pushed forward this month.
According to Yonhap News Agency, the Democratic Party reached this decision following consultations with the presidential office, recognizing the bill as an inappropriate interference in judicial independence. The trial suspension bill proposed in May was an amendment to the Criminal Procedure Act, introduced shortly after the Supreme Court returned Lee Jae Myung's election law violation case to the High Court, effectively requiring a conviction.
Lee Jae Myung, who was the party's candidate in the June 3 presidential election, faced invalidation of his candidacy if his conviction had been confirmed. Following the election, the courts paused Lee's other four ongoing trials, and the party initially refrained from advancing the bill due to political controversies and criticisms.
However, the possibility of reopening Lee's remanded case during his term resurfaced after remarks by the head of the Seoul High Court during a parliamentary audit on October 20. This issue gained further traction within the party following the first-trial ruling on the Daejang-dong project corruption scandal.
On Friday, the court sentenced four private-sector developers and a former senior public housing official to prison for illicitly profiting from the Daejang-dong project in Seongnam, just south of Seoul. Lee, who was Seongnam mayor at the time, had significant oversight over the project, raising questions about his claims of ignorance regarding the issues. Nam Wook, sentenced to four years, testified that actions were carried out according to Lee's directives.
Critics argue that the trial suspension bill appears to benefit only Lee, suggesting that the party seeks to legislate for individual advantage. Article 84 of the Korean constitution provides immunity to the President from prosecution during their term, except for insurrection or treason, though some scholars argue this immunity does not extend to pre-election trials.
Recently, the party proposed several judicial reforms seemingly aimed at protecting Lee from potential convictions. These include increasing Supreme Court justices from 14 to 26, introducing a de facto four-trial system, and creating charges like "law distortion" to penalize judges and prosecutors. Another proposal seeks citizen involvement in judicial examinations of arrest warrants, stemming from the court's rejection of arrest warrants in probes related to former President Yoon Suk Yeol and incidents from his administration.
The party's demands for Chief Justice Jo Hee-de's voluntary resignation, accusing him of attempting to influence the presidential election outcome, reflect ongoing tensions. The Democratic Party is advised to cease applying pressure on the judiciary each time a court decision is unfavorable.