South Korea presidential front runner Lee’s eligibility in doubt after court ruling

SEOUL - South Korea's Supreme Court on May 1 overturned an earlier ruling that had cleared election front runner Lee Jae-myung of election law violation, throwing into doubt his eligibility to run for the presidency.

The Supreme Court said that Lee violated election law by publicly making “false statements” and ruled to send the case back to the appeals court.

The election law violation case against Lee had been closely watched since a ruling that removes him from the ballot could further deepen divisions in society, after months of political turmoil that has hampered efforts to steer Asia’s fourth-largest economy through the choppy waters of US tariffs. 

“The defendant’s remarks... were judged to be false statements on matters important enough to ruin voters’ accurate judgment on the defendant’s eligibility for public office,” said Chief Justice Jo Hee-de.

While the Supreme Court moved unusually fast to consider Lee’s election law case, it gave no deadline for the appeals court, which usually takes months to revisit rulings. It was unclear if a decision would come before the June 3 election.

Lee, who has denied any wrongdoing, said he had not expected the verdict to play out this way, but pledged to follow the will of the people. “I will trust only the people and move forward confidently,” he said in a post on Facebook after the ruling.

“This is bad news for the Democratic Party and candidate Lee Jae-myung,” said political science professor Shin Yul of Myongji University.

“The appeals court will decide whether to disqualify him to run for office or not, but the Supreme Court in effect found him guilty. This is a blow to Lee. Moderate voters, 10 per cent of the total, will be swayed by this news.”

Lee is embroiled in several criminal trials, but the election law case has been in the spotlight because if the appeals court finalises a guilty verdict in line with the Supreme Court’s decision, it would bar him from contesting elections for at least five years.

The Supreme Court, which can take a year or more to consider a case, made its decision on May 1, only about a month after prosecutors appealed against the earlier court’s decision to clear Lee.

No replacement plan

Lee, the candidate of the liberal Democratic Party which controls Parliament, leads opinion polls to win a snap presidential election sparked by former conservative president Yoon Suk Yeol's ouster over his imposition of martial law.

He climbed the National Assembly’s walls to avoid security cordons deployed on Yoon’s orders and also live-streamed his exploits, urging viewers to come to Parliament and demonstrate to prevent the arrest of lawmakers.

In January 2024, Lee survived an assassination attempt when he was stabbed in the neck by a man who had written a manifesto saying he wanted to ensure Lee never became president.

The Democratic Party on May 1 criticised the top court’s ruling, and a spokesperson told reporters there was no chance of replacing Lee as a candidate.

Some commentators, however, expect the party to look at its options.

“Within the party there will be talk about a plan B or whether it needs to replace the candidate,” said political analyst Rhee Jong-hoon, suggesting it could reach out to minor parties or bring in candidates to shore up support.

Meanwhile, South Korea's acting leader Han Duck-soo resigned on May 1 ahead of his anticipated run to become the country's permanent president.

In a televised announcement, Mr Han said he had decided “to take on a bigger responsibility by stepping down” from his current role, though he did not directly say that he plans to declare presidential candidacy.

He is set to contest the election so he can leverage his higher profile since being thrust into the top post after the removal from office of former president Yoon.

A Gallup Korea survey on April 25 showed that Lee was the favourite to win the election with 38 per cent, while former head of the conservative People Power Party Han Dong-hoon had 8 per cent and Han Duck-soo had 6 per cent. REUTERS