One of the simplest ways to ease judicial dangers: Turn out to be a profitable president

Kim Sung-tak
 
The writer is an editorial author on the JoongAng Ilbo. 
 
 
 
5 months into his presidency, President Lee Jae Myung continues to face controversy over his ongoing courtroom instances, sometimes called his “judicial danger.” The Individuals Energy Get together (PPP) accuses the prosecution of abandoning its enchantment within the Daejang-dong improvement corruption case — the place defendants obtained jail sentences — claiming it was an try and protect the president. In response, Democratic Get together (DP) flooring chief Kim Byung-ki mentioned the investigations involving the president have been “fabricated” and referred to as for disciplinary motion in opposition to prosecutors who resisted.
 

President Lee Jae Myung visits the Korea Institute of Fusion Vitality within the Daedeok Analysis Advanced in Daejeon on Nov. 7 to tour Kstar, the world’s first superconducting nuclear fusion analysis machine. [PRESIDENTIAL OFFICE]

 
Earlier, the ruling social gathering tried to cross laws to formally droop trials involving a sitting president, a proposal dubbed the “trial suspension invoice.” Nonetheless, the presidential workplace halted the thought inside a day.
 
Whereas the opposition and sections of the general public are calling for Lee’s trial to renew, it’s unlikely to maneuver ahead throughout his presidency. Article 84 of the Structure grants a sitting president immunity from prison prosecution, besides in instances of riot or treason. Some authorized students have disagreed on whether or not this immunity extends to ongoing trials, however the courts have suspended proceedings primarily based on this constitutional provision.
 

Prime Minister Kim Min-seok (heart) smiles alongside presidential chief of employees Kang Hoon-sik (left) and Democratic Get together chief Jung Cheong-rae throughout a high-level session assembly between the federal government and ruling social gathering on the prime minister’s residence in Jongno District, central Seoul, on Nov. 9. [YONHAP]

 
The DP revived the trial suspension proposal through the current parliamentary audit. This adopted remarks by Kim Tae-woong, chief choose of the Seoul Excessive Court docket, who mentioned it was “theoretically potential” to renew the president’s trial after the Supreme Court docket despatched the election legislation case again for retrial. The opposition welcomed the remark, however the phrase “theoretically potential” typically means “virtually unlikely.”
 
Forward of this 12 months’s presidential election, the appeals courtroom initially set the retrial opening for Might 15, earlier than the vote, however later delayed it to June 18, after the election. The courtroom mentioned the change was supposed to make sure equity and shield equal campaigning alternatives. On the time, Lee’s supporters accused the judiciary of meddling within the election. If the trial couldn’t proceed when he was a candidate, it might be much more troublesome in opposition to a sitting president. Like impeachment — which requires a posh course of — the load of a presidential mandate granted by voters can’t be simply overridden.
 
Lee is believed to have halted the trial suspension laws for a similar motive. Presidential chief of employees Kang Hoon-sik mentioned most constitutional students agree that Article 84 already requires trials in opposition to a sitting president to be suspended, making laws pointless. He added that passing a invoice may indicate that trials may resume with out it. “If a courtroom reverses its suspension and violates the Structure, we are able to search a constitutional evaluation and legislate then,” Kang mentioned. From Lee’s perspective, DP figures like social gathering chief Jung Cheong-rae could have gone too far.
 
 
The opposition will proceed to press the problem, however Lee’s judicial danger is extra prone to materialize after he leaves workplace. There will likely be no authorized grounds or political energy to cease trials from resuming. For that motive, the very best course for the president is to ship outcomes and go away workplace as a “profitable president.”
 
A conservative acquaintance lately informed the author, “If President Lee achieves outstanding outcomes, I don’t suppose he should be punished after leaving workplace for previous allegations.” He described himself as a longtime conservative who voted for Lee Myung-bak, Park Geun-hye and PPP candidate Kim Moon-soo. “I don’t agree with Lee’s political ideology, however in the case of financial coverage and execution, he appears extra succesful than former President Yoon Suk Yeol or others. He is aware of easy methods to get issues achieved,” he mentioned. Of his group of 4 conservative buddies, two remained firmly in opposition to Lee, however two — together with himself — acknowledged that Lee was dealing with state affairs competently.
 

Yoo Dong-gyu, former planning director of the Seongnam Improvement Company, speaks to the press as he arrives on the Seoul Central District Court docket in Seocho District on Oct. 31 for his first trial verdict on prices associated to the Daejang-dong improvement scandal. He was sentenced to eight years in jail and brought into custody in courtroom. [JOINT PRESS CORPS]

 
For President Lee, securing optimistic public opinion is important. The native elections subsequent 12 months and the final election in April 2028, his third 12 months in workplace, are important. If the opposition positive factors a majority, it may push a reverse invoice to renew trials. Securing one other ruling-party majority and a possible extension of energy are essential. Even when trials proceed underneath a future administration, a DP authorities would possibly grant a pardon if public sentiment is favorable.
 
To realize this, Lee wants to keep up excessive approval scores by way of the top of his time period. If, throughout a change of administration, the prevailing view is that “President Lee delivered tangible achievements,” it may function a protect. If judicial danger finally results in Korea’s first broadly acknowledged “profitable president,” that may be an sudden consequence.