SEOUL, South Korea (AP) — An appeals court in South Korea overturned an election law conviction against opposition leader Lee Jae-myung Wednesday, potentially clearing the way for him to mount a presidential campaign.
The courtroom victory comes as the country’s impeached President Yoon Suk Yeol could face an early exit due to his short-lived imposition of martial law and surveys show Lee, leader of the main liberal opposition Democratic Party who narrowly lost the 2022 election to Yoon, is the early favorite to replace him.
Yoon, a conservative, has been suspended from office since the liberal opposition-controlled National Assembly impeached him over his Dec. 3 martial law decree plunged the country into political turmoil. The Constitutional Court is deliberating on whether to formally dismiss or reinstate him. If he’s removed, there will be an election to replace him within two months.
On Wednesday, the Seoul High Court overturned Lee’s conviction for making false statements during his 2022 presidential campaign, canceling his suspended sentence of a year in prison. Lee still faces four other criminal trials, none of which are likely to be resolved soon.
Lee was convicted by the Seoul Central District Court in November of making false statements about a controversial land development project launched when he was a city mayor, and about his relationships with a subordinate who killed himself after being embroiled in a scandal surrounding another development project.
Under South Korean law, anyone who receives a fine exceeding 1 million won ($683) for election law violations is barred from running for elections for five years, and anyone who receives a prison sentence, including suspended sentences, cannot run for 10 years.
Lee might be able to become president despite his conviction in lower-level courts, as the prohibition does not go into force until all appeals are exhausted and as president he would have immunity from most criminal prosecution. Still, observers say that if the appellate court had upheld his conviction it could have posed a significant political challenge.
After the ruling, Lee appeared outside the court and thanked the court for making “a right ruling based on truth and justices” as his supporters shouted his name. Lee accused the Yoon government and state prosecutors of having fabricated evidence against him.
The court said that prosecutors have seven days to appeal Wednesday’s verdict to the Supreme Court, the top court in South Korea.
Yoon’s ruling People Power Party expressed strong regret over Wednesday’s ruling, saying the Supreme Court must rule quickly on an appeal.
