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"Three judges in the first trial rule for acquittal, only for three in the second to overturn it... Is guilt or innocence a matter of luck?"
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Justice Minister Jung Sung-ho: "Need to restrict appeals and final appeals... We will change all regulations"
President Lee Jae-myung speaking (Seoul=Yonhap News) Kim Do-hoon = President Lee Jae-myung speaks at the 44th Cabinet meeting held at the Presidential Office in Yongsan on the 30th. 2025.9.30 superdoo82@yna.co.kr
President Lee Jae-myung strongly criticized the prosecution on the 30th, stating, "Prosecutors are causing public suffering by indicting cases that do not even hold up, or by filing appeals and final appeals just to avoid accountability even after an acquittal is handed down."
President Lee made these remarks while presiding over a Cabinet meeting at the Presidential Office in Yongsan that day, and instructed Minister of Justice Jung Sung-ho to improve the current appeals system.
President Lee pointed out, "The fundamental principle of the Criminal Procedure Act is that one should not make an innocent person suffer even if it means letting ten criminals go, but the prosecution is doing the opposite."
He continued his criticism, saying, "People are wrongfully indicted, spend years and money on trials, and are acquitted, yet the prosecution appeals for no reason. Even if they are acquitted, if the prosecution files an appeal to the Supreme Court, the case drags on all the way to the top court, which costs an enormous amount of money. It ruins families."
President Lee specifically questioned, "Is it reasonable for three judges to rule for an acquittal in the first trial, only for three judges in the high court to overturn it and rule for a conviction (after the prosecution’s appeal)?"
President Lee asked again if the current system, where a lower court's ruling is overturned in such situations, is correct, stating, "If three judges (in the first trial) say 'not guilty' and three judges (in the second trial) say 'guilty,' isn't it true that it could be either innocent or guilty?"
He emphasized, "In cases where an acquittal in the first trial is turned into a conviction in the second, wouldn't the verdict be 'not guilty' if the order of the two trials were reversed? It ultimately comes down to luck. It makes no sense."
Upon hearing a report from Minister Jung that there is a 5% probability of an acquittal in the first trial being overturned to a conviction in an appellate trial, President Lee remarked, "The remaining 95% are suffering through an appellate process just to have their innocence reaffirmed once more," adding, "Why is the state so cruel to its people?"
Minister Jung Sung-ho speaking (Seoul=Yonhap News) Kim Do-hoon = Minister of Justice Jung Sung-ho speaks at a Cabinet meeting held at the Presidential Office in Yongsan on the 9th. 2025.9.9 [Joint Press Corps] superdoo82@yna.co.kr
As President Lee finished his remarks, Minister Jung expressed his agreement, saying, "As the President said, the current appeals system is not reasonable. There is a need to restrict the prosecution’s right to appeal and file final appeals."
He added, "While I must direct such matters through the Prosecutor General regarding specific cases, I am receiving daily reports on prosecution work and issuing verbal directives (to ensure the right to appeal is not abused)."
When President Lee asked, "Couldn't the current procedures change again if a new minister is appointed?" Minister Jung replied, "I intend to change the regulations systematically," signaling plans for structural reform.
Regarding the President's "pointed remarks" of the day, spokesperson Kim Nam-jun explained in a briefing, "Rather than being triggered by a specific event, the President was expressing a long-held philosophy."
However, political analysts suggest that the President may be using these remarks to highlight the necessity of prosecution reform, coinciding with the passage of the Government Organization Act, which includes the abolition of the Prosecutor's Office.
Some speculate that the context of the President's remarks includes his own experiences during the trial regarding charges of violating the Public Official Election Act.
In that specific trial, the first court sentenced him to one year in prison with two years of probation—a ruling that would have resulted in the loss of his legislative seat—but the second court acquitted him, and the Supreme Court later remanded the case with a tendency toward a guilty verdict, causing the judgment to seesaw at every level of the judiciary.
Furthermore, some view these remarks as considering not just the President's own trial, but the overall situation of the previous administration, during which the prosecution repeatedly indicted opposition figures.
For example, former Democratic Party lawmaker Ki Dong-min, who was indicted for his alleged involvement in the "Lime scandal," was recently acquitted in the first trial. The view is that President Lee's remarks reflect the perception that the prosecution’s excessive indictments of Democratic Party figures are problematic.
Democratic Party Floor Leader Kim Byung-ki also urged the prosecution the previous day at a Supreme Council meeting, referencing the acquittal of former lawmaker Ki, by stating, "The prosecution's investigation and indictments were based on falsehoods and fabrication," adding, "The prosecution should apologize to the public instead of filing appeals." Yonhap News
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