Ex-President Yoon faces potential loss of title if sentence upheld

Former President Yoon Suk-yeol has been sentenced to 18 months in prison with a three-year stay of execution for spreading false information during the 2022 presidential race. The ruling from the Seoul Central District Court marks the first trial on the charges.

The court found Yoon guilty of disseminating falsehoods regarding his introduction of an attorney to Yoon Woo-jin, a former Yongsan Regional Tax Office chief investigated for bribery. Yoon had claimed he never made such an introduction. Additionally, he was found to have lied about his relationship with shaman Jeon Seong-bae, stating he was introduced by party officials and had never met him with his wife, Kim Keon-hee.

Yoon's legal team immediately announced their intention to appeal, calling the verdict a "copy of the one-sided claims made by the special counsel team." They argued the decision does not align with Supreme Court precedent regarding the "overall meaning and purpose of a statement" in cases of publishing false information under the Public Official Election Act.

Should the Supreme Court uphold the sentence, Yoon's election victory would be invalidated. Furthermore, his party, the People Power Party, would be required to return 39.7 billion won (approximately $27 million) in government-reimbursed funds used for his campaign. Under Korean election law, candidates are reimbursed for campaign expenses, but the entire sum must be repaid if their victory is later nullified. The Supreme Court's verdict could be delivered as early as January next year.

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The verdict is simply a copy of the one-sided claims made by the special counsel team and that it does not align with Supreme Court precedent regarding the ‘overall meaning and purpose of a statement,’ the most important element in a decision on the crime of publishing false information under the Public Official Election Act.