Sangcheol’s Legal Journal : YouLaw Insights

  👋 Introduction: When Politics and Law Collide Hello, and welcome. What happens when the timeline of politics and the timeline of justice crash into each other? In South Korea today, one name sits at the center of this collision: Lee Jae-myung , the presidential candidate from the Democratic Party. While elections are always political, the current controversy is deeply legal as well. That’s because Lee is currently facing multiple high-profile court cases — including charges related to election law and major development scandals. But it's not just the nature of the cases that matters. It's the timing . With the presidential election drawing near, the judiciary's decisions are being seen not only as legal moves — but as potential political interference . ⚖️ Trial Postponed: Why Was the Court Date Moved? Recently, the Seoul High Court postponed the first hearing in Lee Jae-myung's election law violation case. Originally set for May 15, the trial has now ...

  One of the biggest political controversies in South Korea today is whether Democratic Party leader Lee Jae-myung’s criminal trial can continue if he is elected president. Article 84 of the Constitution states: “The President shall not be subject to criminal prosecution during his tenure, except in cases of insurrection or treason.” This raises the question: Will ongoing criminal trials be suspended if a defendant becomes president? The legal community is divided on this issue. Some argue that a president’s criminal trial should automatically be suspended, while others contend that the trial must continue. This is not merely a matter of legal interpretation but a fundamental issue that could impact South Korea’s judicial system and presidential authority. This article examines the legal debate surrounding Article 84, the associated legal and practical challenges, and possible future scenarios. Legal Issues and Expert Opinions 1. The Meaning and Interpretation of Article 8...