During the appeal trial for Lee Jae-myung, the leader of the Democratic Party of Korea, regarding violations of the Public Official Election Act held on the 5th, the issue of whether to request a constitutional review was discussed, but the court did not reveal a conclusion. Lee's side submitted a request for a constitutional review to the court the day before.
The Seoul High Court's Criminal Division 6-2, led by Director General Choi Eun-jung, Lee Ye-seul, and Jeong Jae-oh, held the second hearing for Lee's appeal trial regarding violations of the Public Official Election Act starting at 2 p.m. that day.
The court asked Lee's side, 'You applied for a constitutional review; do you have anything to say regarding this?' In response, Lee's attorney stated, 'We applied for a constitutional review on the grounds that the provisions regarding actions specified in the Public Official Election Act are exceedingly vague, all-encompassing, and extensive, thereby limiting the freedom of expression.'
Lee's side claimed unconstitutionality regarding Article 250, Paragraph 1 of the Public Official Election Act, which stipulates penalties for the crime of disseminating false information for election purposes, and requested a constitutional review. Article 250, Paragraph 1 of the Public Official Election Act states, 'If a person publishes false information regarding their birthplace, family relations, occupation, or career for the purpose of being elected through means such as speeches, broadcasts, or newspapers, they shall be punished with imprisonment for up to 5 years or a fine of up to 30 million won.'
Lee's side remarked, 'We apply for a constitutional review on the grounds that the conditions of this provision violate the principles of clarity and non-excessiveness, thereby infringing upon the freedom of expression.'
In response, the prosecution said, 'In the crime of disseminating false information, the actions are limited to matters that could affect voters' fair judgment regarding character, ability, and other factors.' They then noted, 'The Supreme Court has already dismissed a constitutional review request of the same nature.'
The court said, 'We will review this,' but did not disclose whether it would accept the request for a review. It added that the next hearing would be held at 2 p.m. on the 12th.
Earlier, Lee was sentenced to one year in prison with a two-year probation in the first trial for this case, which falls under a disqualification of election. If the sentence for violating the Public Official Election Act is confirmed, the right to run for office will be revoked for 10 years, preventing participation in public elections, including presidential elections.