Court Postpones Hearing on Election Law Violation for South Korean President Lee indefinitely

President Lee’s hearing regarding suspected violations of South Korea’s election law has been postponed indefinitely, the court announced.

The trial of President Lee Jae-myung, who is accused of breaking election law during his 2022 campaign, will be indefinitely postponed, a South Korean court said Monday.

The Supreme Court of South Korea said in May, before to Lee’s election, that Lee had broken election law by making “false statements” in public while running for office in 2022. The case was then referred back to an appeals court for additional consideration.

The Seoul High Court said on Monday that the hearing, which was originally planned for June 18, will be postponed indefinitely with no new date. Requests for comment were not immediately answered by Lee’s office.

Without providing any additional context, the court cited “Constitution Article 84” as the justification for the postponement. A sitting president is “not subject to criminal prosecution while in office” for the majority of offenses, according to Article 84 of the South Korean Constitution.

Whether this protection extends to ongoing cases that started prior to a president taking office is still up for debate among legal experts. Judges in each court that hears Lee’s cases must determine whether to halt or continue the proceedings, according to a May advisory from the Supreme Court’s National Court Administration.

“Whether Article 84 of the Constitution applies to a criminal defendant elected as president will be decided by the court in charge,” the Administration told a lawmaker.

According to local broadcaster KBS, Lee’s ruling Democratic Party, which controls the National Assembly, is getting ready to approve a law this week that will halt the current president’s trials.

According to legal experts, the Constitutional Court might be asked to decide whether the proposed legislation is constitutional.

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