Cho Kuk, chairman of the Reconstruction Party’s policy research committee, has advocated for amending election laws to effectively nullify past alleged violations, specifically referencing a case involving President Lee Jae-myung. Cho argued on January 6th that instead of pursuing a withdrawal of charges, the focus should be on revising the law itself to eliminate the basis for prosecution.
Background of the Allegations
The controversy stems from statements made by Lee Jae-myung during his presidential campaign in 2022. At the time, Lee stated he was unaware of the development plans for the first phase of the Seongnam Development Corporation and attributed the approval of land use changes in Baekhyeon-dong to the Park Geun-hye administration’s Ministry of Land, Infrastructure and Transport, claiming it was unavoidable. These statements led to accusations of spreading false information, a potential violation of election law.
Last year, the Supreme Court remanded the case for retrial, and it is widely expected that a retrial after Lee’s term as president could result in a confirmation of guilt. Cho Kuk’s proposal suggests a legislative solution rather than a legal one to resolve the issue.
Cho Kuk’s Proposal for Legal Amendment
In a Facebook post on January 6th, Cho Kuk urged the National Assembly to pass a proposed amendment to the election law concerning the offense of spreading false information. This amendment aims to remove the element of ‘action’ from the definition of the crime. Cho believes this change is directly relevant to the case involving President Lee.
Earlier, on January 1st, Cho had posted that if the Democratic Party pushed for a withdrawal of charges against Lee through a special prosecutor, it could lead to political and legal chaos. He elaborated on this stance in his subsequent post.
Addressing Criticism and Misinterpretations
Cho Kuk addressed what he perceived as attacks from some Democratic Party lawmakers, self-proclaimed ‘pro-Lee’ commentators, and YouTubers. He stated that these individuals had misrepresented his position, portraying him as someone who desires a guilty verdict for President Lee, and had launched a barrage of criticism. Cho expressed regret over these reactions, describing the behavior as akin to an ‘anti-Lee manufacturing machine.’
He reiterated his earlier point from January 1st: the Supreme Court’s decision to remand the case for retrial means a withdrawal of charges is impossible. Cho emphasized that unless the Supreme Court’s legal precedents are overturned, a guilty verdict is highly probable in the retrial. Therefore, he argued, the most pragmatic legal approach is to amend the election law regarding the spread of false information.
Details of the Proposed Amendment
Cho explained that the proposed bill, introduced by Democratic Party lawmaker Shin Jung-hoon, seeks to remove the ‘action’ requirement from the conditions constituting the offense of spreading false information. This bill has been deliberated by the Legislation and Judiciary Committee and is awaiting a vote in the National Assembly. Cho asserted that if passed, this amendment would impact both the ongoing investigation involving President Yoon Suk-yeol and the potential future trial of Lee Jae-myung after his term concludes.
He further clarified that the amendment would open a path for a ‘nullification verdict’ in both the Yoon Suk-yeol and Lee Jae-myung cases, in that order. A nullification verdict, in a criminal case, refers to a judgment where the prosecution is terminated because the substantive conditions for prosecution are not met, thereby avoiding a conviction on the merits.
Broader Implications and Call to Action
Cho stressed that amending the election law to remove the ‘action’ clause and effectively revert its scope to pre-2000 standards is not a partisan issue concerning progressives or conservatives. Instead, he framed it as a necessary measure to prevent the politicization and judicialization of politics.
He concluded by urging both the Democratic Party and the People Power Party to focus on this legislative matter. Cho called for the long-stalled election law amendment, which has been pending in the cabinet for about a year and a half, to be brought to a vote in the National Assembly.
The core of Cho Kuk’s argument is that the case involving President Lee Jae-myung’s alleged election law violation should be resolved through a legislative amendment rather than a withdrawal of charges. He believes this approach offers a clearer path to a nullification verdict for both current and future cases, thereby preventing further political and legal entanglements.
