Appellate Court Upholds Prison Sentence for Former President Yoon Suk Yeol in Election Law Violation Case

▲ Former President Yoon Suk Yeol

Former President Yoon Suk Yeol, indicted on charges of making false statements during his presidential campaign, has been given a suspended prison sentence in his appellate trial, which would invalidate his election if finalized.

If the sentence is finalized, the ruling People Power Party will be required to return 39.7 billion won in election expenses reimbursed from the presidential election.

The 2-1 Criminal Division of the Seoul High Court (Presiding Judges Baek Seung-yeop, Hwang Seung-tae, and Kim Young-hyun) sentenced former President Yoon to one year and six months in prison with a three-year suspension, the same as the first-instance ruling, in the trial held today (Nov. 4) on charges of violating the Public Official Election Act.

As in the first trial, the court recognized all charges that former President Yoon published false information during his presidential campaign as guilty.

The court pointed out that remarks made by former President Yoon during an invitation debate hosted by the Kwanhun Club on December 14, 2021, when he was the presidential candidate of the People Power Party, to the effect that "I have never introduced lawyer Lee [a former official of the Supreme Prosecutors' Office Central Investigation Department] to former Yongsan Tax Office Chief Yoon Woo-jin," constituted the publication of false information.

The court noted that the term "introducing a lawyer" can be interpreted both from a factual perspective of simply connecting the parties and a legal perspective of arranging for the two parties to sign a mandate contract concerning a legal case.

Former President Yoon's legal team has argued that the remarks should be interpreted in the latter sense, meaning "I did not arrange a retainer contract between the two," and that this does not constitute the publication of false information.

However, the court explained that considering the context of the remarks, they must be understood to mean that he did not even perform the act of connecting legal counsel to former Chief Yoon.

Furthermore, the court deemed that this statement ran counter to the objective facts grasped when synthesizing the contents of former President Yoon's 2021 media interview and former Chief Yoon's call and text message records.

The court stated, "The defendant has long served as a prosecutor dealing with law and language, and through numerous interviews and debates in the process of the People Power Party's internal primaries, he is deemed to have deeply understood how his remarks would be received through the media," adding, "It is reasonable to view that he was aware of how the remark about introducing a lawyer would be understood by ordinary voters, and that the content differed from objective facts."

The court also found established the charges that former President Yoon published false information during an interview at the launching ceremony of the Buddhism Leaders Forum on January 17, 2022, to the effect that "I was introduced to Jeon Seong-bae [Geonjin Beobsa] by a party official, and I have never met him together with First Lady Kim Keon-hee."

Former President Yoon's side has argued that these remarks meant "Jeon Seong-bae was introduced by a party official at the People Power Party's New Year's event on January 1, and spouse Kim Keon-hee was not present at the time," and thus maintained that the charges were not established.

However, the court ruled, "Considering the situation at the time of the remarks, the background, the overall intent of the expression, and the way phrases were connected, from the perspective of ordinary voters, it is understood that the defendant has never met Jeon Seong-bae together with his spouse, and that he did not form a close relationship with Jeon Seong-bae through his spouse."

In addition, the court pointed out that it is recognized that former President Yoon actually met Jeon multiple times together with First Lady Kim after first meeting him in 2013 through her introduction.

Accordingly, the court concluded, "The defendant's remarks, which are understood by ordinary voters as meaning that he accidentally met Jeon Seong-bae through a party official introduction during the election campaign and had no record of meeting him with his spouse in the past, amount to the publication of false information."

"The background of Jeon Seong-bae's introduction and whether he met him together with his spouse were facts directly experienced by the defendant, so he would have clearly recognized them," the court added, concluding that former President Yoon himself was aware that his remarks were false.

Explaining the background for sentencing, the court noted, "The nature of the offense is not light, as the defendant published false information despite the fact that whether he introduced a lawyer to Yoon Woo-jin was critical information for judging morality and fairness as a public official."

Regarding the remarks concerning Geonjin Beobsa Jeon Seong-bae, the court reprimanded, "The defendant is subject to heavy criticism because he published false information even though he would have clearly known, through his direct experience, the background of forming a close relationship with Jeon Seong-bae and whether he met him together with his spouse."

The court further criticized, "The defendant, who can be considered to have had an obligation to provide materials to make sound judgments as a party-recommended candidate in an election to elect the president, the top person in charge of state affairs, published false information during the election process," adding, "The voters' proper right to make a choice was infringed, and the fairness and procedural legitimacy of the election were undermined."

According to the Public Official Election Act, if a presidential candidate wins the election or receives 15 percent or more of the votes, the election commission fully reimburses the election expenses.

However, if a prison sentence or a fine of 1 million won or more is finalized for an election crime thereafter, the election becomes void, and the affiliated political party must return the election expenses.

Therefore, if former President Yoon's appellate sentence is finalized as is, his election will be invalidated, and the People Power Party will also have to return 39.7 billion won in election expenses.

(Photo provided by Seoul Central District Court, Yonhap News)

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