SEOUL: South Korea’s Supreme Court on Thursday overturned a ruling that found a presidential frontrunner not guilty of violating election law, potentially scuppering Lee Jae-myung’s chances of running in the vote.
The June 3 election will decide who replaces impeached ex-president Yoon Suk Yeol, who was removed from office over his ill-fated declaration of martial law.
Former opposition leader Lee was cleared by a lower court in March of making false statements during a previous campaign, removing a major legal hurdle to his latest bid.
But the Supreme Court has now ordered a retrial that could see Lee, who is leading in the polls, barred from the election.
The top court ruled there had been a “legal misunderstanding” resulting in his acquittal.
Lee’s statements during his unsuccessful run for president in 2022 were “deemed false claims concerning matters of sufficient significance to mislead voters in assessing the candidate’s suitability for public office,” the court ruled.
“A candidate seeking public office cannot be granted the same scope and degree of freedom of expression as that afforded to ordinary citizens when they express opinions or beliefs on matters of public interest,” it said.
If found guilty by a lower court, Lee would be prevented from running for office for five years and could face a prison sentence or a fine of more than one million won ($700).
The latest Gallup poll shows the 60-year-old Lee in a considerable lead with 38 percent of support while all his rivals are locked in single digits.
The election was called in the wake of Yoon’s impeachment over the martial law attempt.
While Thursday’s verdict was a blow to Lee, political commentator and attorney Yoo Jung-hoon told AFP: “It usually takes about three months for a lower court to deliberate on a case remanded by the Supreme Court.
“It will be extremely difficult for the court to issue a ruling before the election.”
Even if the court does rule against Lee, he could still appeal, which would “buy him enough time to win,” Yoo said.
Aside from the election law violation case, Lee also faces a string of other trials on corruption allegations.
Should he win the presidency in June, these proceedings could be suspended under presidential immunity, and would resume once his term concludes.
Acting president Han Duk-soo meanwhile resigned on Thursday, hinting at a possible presidential bid.
“Two paths lay before me: one is to carry on in my current role, the other is to step down and take on a greater responsibility,” Han said in a farewell address.
The 75-year-old is expected to formally announce his candidacy on Friday.

SEOUL: North Korea’s newly unveiled warship could have involved Russian help, South Korea’s military said on Thursday while cautioning it was still conducting “a more detailed analysis.”
Pyongyang recently unveiled a 5,000-ton destroyer-class vessel named Choe Hyon that some analysts said could be equipped with short-range tactical nuclear missiles.
Joint Chiefs of Staff (JCS) spokesperson Lee Sung-jun told reporters in South Korea that Russia may have given help with the warship.
“Looking at the weapons and equipment that were revealed, we believe that there is a possibility that they received technology, funds or assistance from Russia,” Lee said.
“We are conducting a more detailed analysis.”
North Korea confirmed on Monday for the first time it had deployed troops to Russia to support Moscow in its war in Ukraine.
The two countries also announced this week that they had started building the first road bridge linking the two neighbors.
North Korean leader Kim Jong Un oversaw the first day of a two-day weapons test of the vessel this week, according to Pyongyang’s official Korean Central News Agency, during which he ordered officials to work on “accelerating the nuclear armament of the navy.”
North Korea has said the destroyer, which it claimed is equipped with the “most powerful weapons,” would “enter into operation early next year.”
During the test, Kim said the North’s ship-based firepower system was “effectively combined” with the “most powerful strike means including supersonic cruise missile, strategic cruise missile and tactical ballistic missile.”
Lee said its deployment is likely to require more time.
“In the case of warships it takes several years to build and even after completion it takes additional time for them to become operational,” the JCS spokesperson said.
“So although the Choe Hyon has been unveiled it seems likely that considerably more time will be needed for its (operational) deployment.”