BGA Korea Managing Director B.J. Kim wrote an update to clients on the legal challenges faced by Lee Jae-myung, the presidential candidate of Korea’s Democratic Party.

Context

  • Lee Jae-myung, the presidential candidate of Korea’s Democratic Party, faces a major legal challenge after the Supreme Court ruled May 1 that he violated election law. That same day, acting President and Prime Minister Han Duck-soo resigned from all of his government posts and declared he was running for presidential elections to be held June 3.
  • The Supreme Court’s ruling and Han’s entry into the presidential race cloud what was previously thought to be a likely outcome. Prior to the court’s decision, Lee was leading the polls with around 40 percent support, while the other challengers lagged in the single digits.

Significance

  • Lee may no longer continue to enjoy the near-certainty of winning the race. His support may now face a decline because of the Supreme Court’s guilty verdict. Meanwhile, Han could mount a formidable challenge against him in the coming weeks if he successfully unifies the conservatives.
  • A few hours after Han entered the presidential race, the Democratic Party, which controls the majority in the National Assembly, initiated an impeachment motion against the next acting president in line, Deputy Prime Minister and Finance Minister Choi Sang-mok. Choi tendered his resignation, forcing the National Assembly to drop the impeachment case. At midnight May 2, with both Han and Choi out of office, Education Minister and Deputy Prime Minister Lee Ju-ho became acting president as the third officeholder in the constitutional order of succession. 

Implications

  • Legal uncertainty looms even after the election.  If Lee does win the election, it is unclear whether he would receive presidential immunity for preelection indictments. Article 84 of the constitution grants immunity during tenure except for acts of treason or insurrection, but it does not address cases of preelection criminal charges.
  • For the next four weeks until the election, the new acting President Lee, a two-time education minister and academic, will represent the whole government. Meanwhile, government ministries will continue to work as they have been. Trade negotiations with the United States, for instance, will continue to be led by the Ministry of Trade. The current interim government will likely secure a wide set of options for the next government to choose from when it takes shape June 3.

We will continue to keep you updated on developments in the upcoming Korean election. If you have any questions or comments, please contact BGA Korea Managing Director B.J. Kim at bjkim@bowergroupasia.com.  

Best regards,

BGA Korea Team

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Managing Director

B.J. supports BGA clients on the ground in Korea, advising them on stakeholder engagement and larger government affairs and public policy matters in Seoul. A former Korean diplomat, B.J. has advised international firms on political-economic and policy-regulatory affairs since 2003, offering analytical and advisory services on legislative, regulatory and political issues. He also has offered companies hands-on support in their engagement in Korea.  Prior to his career in consulting, B.J. was a diplomat serving two of Korea’s trade ministers as policy counselor and special assistant, developing international economic policies and public communications strategies on export and investment promotion and working ... Read More