[Issue Plus] Lee Jae-myung and the prosecution appeal the 'election law'...Perjury Teacher Sentenced on 25th

■ Host: Lee Yeo-jin, anchor Jang Won-seok
■ Starring: Lawyer Lee Kyung-min

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News PLUS] when quoting.

[Anchor]
On Monday next week, both Lee Jae-myung and the prosecution, who were previously sentenced to a suspended prison sentence for violating the Public Official Election Act, appealed amid the first trial of Democratic Party Chairman Lee Jae-myung's "perjury teacher case." On the other hand, the Supreme Court has decided to conclude a case next month, including corruption of Cho Kuk, the leader of the Cho Kuk Innovation Party, and the prosecution of the Blue House. From issues to judgment prospects, I will point out with lawyer Lee Kyung-min. Welcome. Since the first trial on charges of violating the Public Official Election Act was held last Friday, wasn't today the last day to submit an appeal? So yesterday, representative Lee Jae-myung submitted an appeal, and the prosecution appealed today.

[Lee Kyungmin]
In this regard, the prosecution will continue to maintain the prosecution's indictment on the part where he was convicted, and the part where he was acquitted, especially the part where he said he did not know Director Kim Moon-ki, was not included in the part restricted from the publication of false information, but the prosecution said that it did not know public and private activities, such as business relations with the late Director Kim Moon-ki, so the sentence is low because the prosecution appealed to this effect and the sentencing burden is also included in the purpose. Because he made the judgment, he should be sentenced to two years in prison, which he asked for, and it can be considered that he appealed to this effect.

[Anchor]
There is a high probability that the representative Lee will make more claims about the manipulation of golf course photos related to the late former deputy director Kim Moon-ki, who pleaded guilty in the first trial, right?

[Lee Kyungmin]
That's right. Anyway, he claimed that it was illegally collected evidence. And anyway, in that part, it's not false, but it's true that I played golf, but the photo was not taken that day, and I argued that I didn't even recognize this part. In any case, he was convicted in that part, but of course, CEO Lee Jae-myung can once again argue about the facts on the part where he was convicted, so if there is anything additional to apply for witnesses if necessary or to judge the contents of the previous witness examination, I think I will seek hearing from the court again by raising questions about that part.

[Anchor]
Originally, under the election law, the first trial had to be completed within six months, and the second and third trials had to be completed within three months, but it actually took two years and two months from the prosecution to the first trial. How long will the 2nd and 3rd trials take?

[Lee Kyungmin]
In this regard, Article 270 of the Election Act also calls it a tough rule, but in fact, there were many cases where judges who were trying interpreted it as a slight admonition rule and did not follow it. In fact, this incident took more than two years. In fact, if it took this long in the first trial, there are a lot of witnesses who can apply, a lot of evidence that can be submitted in the first trial, and there may be various variables, so if it took a little longer, there is a little more possibility that the appeal trial will proceed for a shorter period. But it's actually a little questionable whether this law will be followed in 6 months, 3 months, and 3 months. In any case, it may take a little longer than three months because there may be additional areas to be examined in this area. Anyway, it is expected that the process will be shorter and relatively shorter than the first trial.

[Anchor]
On the other hand, it is Monday after the first trial of Lee Jae-myung's perjury teacher charge. The prosecution demanded false testimony from Kim Jin-sung, the former secretary of Seongnam Mayor, over the phone in order for Lee Jae-myung to be acquitted, right?

[Lee Kyungmin]
That's right. At that time, he said that he was falsely accused of being convicted of impersonating a prosecutor anyway, so the remarks were put on trial because they were considered false information under the Public Official Election Act. In that case, the case is referred to as a perjury teacher case because Kim Jin-sung asked him to testify on this part, and the part that asked him to testify was that he asked for false testimony contrary to his memory anyway. For now, for this part, the court said that when the warrant was reviewed last year, the allegation against Lee Jae-myung is clarified. There are also unusual parts that have been revealed, so we will have to wait and see next Monday to see what the final conclusion will be. [Anchor] Kim Jin-sung admitted his perjury at the beginning of the trial and confessed. During the trial, a 30-minute transcript of the call between the two was released, and how did you hear this part?

[Lee Kyungmin]
In fact, if you take some excerpts of the remarks, it may be interpreted in favor of representative Lee Jae-myung, and it may be interpreted unfavorably, and it may be divided into several branches. He asked me to tell him the truth anyway, not limited to a part of the purpose, but if the purpose of the rest of the remarks is put together, there may be room for it to be interpreted as saying, "Please testify as I said because it is not true, or if you put all of those remarks together, tell me the truth continuously, because it can be interpreted as this, but the conversation between the other two is now recorded in a transcript, so the judgment of whether they are guilty or not will depend on how they interpret it. So, I think it will be decided whether you are guilty or innocent by considering those parts comprehensively.

[Anchor]
Then, how will the requirements for perjury teachers be established under the criminal law?

[Lee Kyungmin]
First of all, the person whose other person has received perjury teacher must give perjury. And the person who teaches perjury is teaching me to make false facts perjury anyway, and there must be intention toward such a teacher and an act of teaching the other person. So, it is established when all these parts are put together. First of all, Kim Jin-sung admitted that he perjured himself, so that part is a crime, and furthermore, it is the key to whether I was willing to teach perjunction, whether there was a teacher's act, or whether this part is guilty in this trial. So, I think I will review all these remarks, the contents of the transcript of the call between the two, and determine whether there was any teacher's act or intention. [Anchor] The prosecution has asked for a three-year prison sentence, the maximum sentence according to the sentencing criteria. What is the level of punishment for perjury teachers normally?

[Lee Kyungmin]
Usually, the basic sentencing factors range from 6 months to 1 year and 6 months in prison. However, if this is said to have affected the outcome of the trial due to such teaching behavior, the person who teaches perjury is seeking the highest level. That's three years in prison, but then the prosecution decided that there was this part, so you can think of it as the best sentence.

However, in general, about 8 out of 10 cases are sentenced to prison when they are put on trial as perjury teachers.
I think it's overwhelmingly high. In terms of sentences, there is a high rate of prison sentences, and there are many cases where sentences that are equivalent to probation, even if not prison sentences, are expected to be a little higher in terms of sentences if this case is also convicted.

[Anchor]
Some even talk about the possibility of being arrested in court. How much do you think there's a possibility of this?

[Lee Kyungmin]
However, even if there is a high possibility of being sentenced to prison when the sentence is sentenced, there are some areas where the right to defend Lee Jae-myung must be guaranteed in the future. Therefore, there are opinions that expect court detention, but rather than that, considering the fact that the defendant can continue to appeal and must continue to exercise the right to defend, isn't court arrest a little unlikely? First of all, whether you are guilty or innocent should be determined, and even if you are guilty, you will have to wait and see whether you will go to court custody.

[Anchor]
If a perjury teacher is sentenced to imprisonment or higher, he or she will be deprived of his or her right to run for election and lose his or her parliamentary seat until it becomes effective after the sentence is confirmed. [Lee Kyung-min] Under the Public Official Election Act, a fine of more than 1 million won under the Election Act, and in simple general criminal cases, if a sentence of imprisonment or higher is confirmed, the right to run for election will be deprived anyway, as you said. So I think it will be important in this case whether it is confirmed or not. However, as we talked about earlier, this trial will be appealed now, and if it is appealed to the Supreme Court in the results of the appeal trial, the period may be prolonged, so it is expected that it will take some time to be confirmed.

[Anchor]
CEO Lee Jae-myung claims that it was just to say what you remember. Also, the perjury teacher said, "The perjury teacher who failed." What's the basis for this?

[Kyungmin Lee]
First of all, the remarks themselves can be interpreted to the effect that if you think you're going to talk like this, as we've talked about, tell us what you remember when you see the remarks. So, CEO Lee Jae-myung said that he talked about such remarks 12 times, so when I see him emphasizing it like that, he asked me to make a statement as I remember, so I think he's making this argument that it's not perjury. Anyway, in that regard, I will not judge only by this statement, but I will send you another summary of the overall purpose of the conversation. Since I said this, it is highly likely that the summary of the argument is a document containing the position of representative Lee Jae-myung. So, considering those parts, I think there will be some problems with this interpretation, whether this can be seen as a statement that does not affect the remarks.

[Anchor]
In fact, whether the perjury teacher case was broadcast live or not also received attention. However, following the election law, the court decided not to broadcast the perjury teacher trial live. What do you think is the reason?

[Lee Kyungmin]
This is judged by the same central district court, so in fact, considering the legal interests of the related case and the progress of the case, it was decided that it was right to not allow live broadcasting for now. In the Public Official Election Act, live broadcasting was not allowed, but in the case of perjury teachers, I don't think we should admit live broadcasting again and watch it like this. In a similar context, the case is ongoing and it is still in the first trial's sentencing stage, so considering the related legal interests, I think I did not allow this because I judged that the harm or disadvantage of live broadcasting was great.

[Anchor]
With this, the number of trials Lee Jae-myung will receive has increased to five. Could this whole trial be over before the March 2027 presidential election? How do you view it?

[Lee Kyungmin]
Hasn't he been indicted for professional malpractice recently? Considering these things, the Ssangbangwool remittance case, Daejang-dong, and Baekhyun-dong cases are still only in the first trial stage, so it is expected that it will take several years to reach the appeal hearing considering the period of witness examination, and if you think you are going to appeal and go all the way to the appeal, that part is strongly questioned whether this will be possible before the presidential election.

[Anchor]
Now, the People's Power has decided to further accuse Lee Jae-myung of violating the Political Fund Act after his sentencing next Monday. What's this?

[Lee Kyungmin]
However, I don't know what the timing of the continued prosecution is, but anyway, he seems to continue to proceed as if there are some judicial risks against representative Lee Jae-myung. So this part might contain a bit of a political message. Anyway, if it is legally determined that this part is really problematic, it can be requested for an investigation and can proceed, but in this case, I think we should judge it by looking at the evidence and these parts.

[Anchor]
Let's talk about the next one. Cho Kuk, the leader of the Cho Kuk Innovation Party, who was sentenced to prison in both the first and second trials on charges of corruption in children's entrance exams and covering up the inspection of the Blue House, will be judged by the Supreme Court next month. It's scheduled for the 12th. It's 2019 already. It's been five years, so can you explain what the main issues are?

[Lee Kyungmin]
First of all, there are guilty and innocent parts, but for the guilty part, the corruption of the child's entrance examination can interfere with business. And now, Cheong Wa Dae has been convicted of an unsuspected act, obstructing the exercise of the right to abuse authority in that regard. However, he was acquitted of receiving scholarships or bribery for the rest of his daughters, but unlike the first and second trials, the Supreme Court does not judge the facts, but only the legal aspects.

So, in this regard, the Supreme Court has probably conducted a hearing limited to this part to see if there was anything legally wrong in the lower court, so the result of that part is scheduled to be sentenced next month, so if there is a legal wrong judgment on the lower court, it will be reversed and returned again. Then, the case may go down to the second trial and the hearing may proceed again, so considering that, it would be difficult to conclude that the Supreme Court will definitely confirm it. So, according to the Supreme Court's sentence, the second trial can proceed again and appeal that part again, so we will have to wait and see.

[Anchor]
Now, both the first and second trials have sentenced him to two years in prison. If it is confirmed by the Supreme Court as it is, he will have to be imprisoned. In addition, he will lose his parliamentary seat and his right to run for president is five years after the execution of the sentence, so he cannot run for president for seven years. I heard you should also step down as party leader.

[Lee Kyungmin] It's
right. Anyway, assuming that this is related to the right to run for election, the sentence of imprisonment or higher will be confirmed anyway, and then the right to run for election will be deprived for five years, so you will not be able to run for the next presidential election anyway. And in terms of voting rights, if a sentence of more than a year in prison is confirmed, the right to vote will be deprived, so then you are not qualified as a member of the party. That's why there are talks about not being able to maintain the position of party leader, but I'm telling you on the premise that all of these parts will be convicted, so depending on the Supreme Court's sentence next month, there may be a possibility of the revocation and repatriation mentioned earlier, so we'll have to wait and see.

[Anchor]
Attention is also being paid to Justice Um Sang-pil, who was the referee on December 12, and in 2021, the so-called Dongyang University PC recognized the evidence ability. And he was the judge who sentenced former professor Jeong Kyung-sim to prison in the appeal trial.

[Lee Kyungmin] It's
right. So, when it was distributed, there were talks about whether this part affects the ruling, but anyway, the Supreme Court took charge of the case in the third division of the Supreme Court, and in this case, it is a system that automatically allocates after the deadline for submission by the Appeal Committee, so the dividend was not made in consideration of the case of representative Cho Kuk and Professor Chung Kyung-sim. So anyway, since there are four Supreme Court Justices in this department, I think we need to decide what kind of hearing will come out, but first of all, it will be difficult to interpret that as having an impact on this case.

[Anchor]
If this is confirmed immediately on the 12th of next month, will it be arrested in court as soon as it is confirmed?

[Lee Kyungmin]
Give me a few days to clean up. After that, we accept it to a correctional institution and proceed with it anyway, so if the conviction is confirmed, you can think of it as execution then.

[Anchor]
I see. So far, we have reviewed the contents related to lawyer Lee Kyung-min. Thank you.