It was reported on the 11th that the Democratic Party of Korea postponed a Ministry of Justice briefing related to the "abolition of breach of trust" until after the local elections. The abolition of the breach of trust offense is being pursued as part of rationalizing economic criminal penalties, but critics say it could effectively be used to produce an acquittal in the Daejang-dong development scandal in which President Lee Jae-myung has been indicted.

In political circles, some said, "Discussion of a special counsel for dismissal of indictment has already acted as a negative factor in the Daegu mayoral race, and the Democratic Party is pushing all discussions related to erasing President Lee's legal risks to after the election."

The Democratic Party of Korea's Economic Criminal Penalties and Civil Liability Rationalization TF holds its second party–government consultation at the National Assembly in Yeouido, Seoul, in December last year./Courtesy of News1

According to ChosunBiz reporting, the Democratic Party of Korea's "task force (TF) on rationalizing economic criminal penalties and civil liability" was to receive a briefing from the Ministry of Justice on the breach of trust bill on the 7th. However, within the Democratic Party TF, opinions were raised to postpone discussions on breach of trust until after the June 3 local elections, and the Ministry of Justice briefing was ultimately delayed.

If the breach of trust offense under the Criminal Act is abolished, a defendant currently on trial for breach of trust could be exempted from prosecution. If exempted, the court ends the case without determining guilt, effectively resulting in an acquittal.

Accordingly, the abolition of the breach of trust offense has drawn criticism from the opposition and the legal community as an attempt to effectively render the Daejang-dong development scandal, in which President Lee Jae-myung has been indicted and is on trial, not guilty.

Earlier, the Democratic Party also postponed discussion of a "special counsel for dismissal of indictment" until after the local elections. If an indictment is dismissed, it is deemed as if there were no indictment in the first place. On this as well, the opposition camp and the legal community criticize it as an attempt to erase the president's legal risks.

A political source said, "If discussions on abolishing the breach of trust offense proceed publicly ahead of the local elections, coupled with the special counsel discussion on dismissal of indictment, it will act as a political burden for the Democratic Party," adding, "It appears the Democratic Party intends to avoid such matters before the election."

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