Japan edition
Korea edition
U.S. editionKyunghyang Shinmun and Dong-A Ilbo reported that Criminal Division 7 of the Seoul High Court (presiding judge Koo Hoe-geun) acquitted Seoul Mayor Oh Se-hoon on the 23rd in the appellate trial of his Political Funds Act case. The first trial had sentenced him in July to a fine of 10 million won, an office-forfeiting sentence. Dong-A Ilbo reported that the court explained that the only direct evidence on the key issue is Mr. Myung Tae-kyun’s statements, and said, “It is hard to believe Myung Tae-kyun’s statements as they stand.” According to Kyunghyang Shinmun, the court found it hard to regard it as proven beyond reasonable doubt that Oh commissioned specific polls and paid for them. Dong-A Ilbo reported that the written judgment contains a statement that Mr. Myung instructed that polls be manipulated to Oh’s disadvantage. Yonhap reported that the special counsel said it would file a final appeal.
In this case the only direct evidence was Mr. Myung’s statements, so how far those statements can be believed decided guilt or innocence. Because the first-trial fine of 10 million won was an office-forfeiting sentence, the appellate result was in effect a ruling on whether Oh keeps his post, and the Supreme Court will now take up the same issue again.
For Seoul residents, the chance of a mayoral replacement or by-election has receded for the time being. But as Dong-A Ilbo reported, the Supreme Court’s ruling is expected in early next year, so uncertainty remains over city administration and the political calendar.
This is the view that the acquittal is justice done in the courts. In an editorial, Chosun Ilbo judged that the ruling adds one more case to special counsel Min Joong-ki’s overreaching indictments. The argument is that indicting a case whose only direct evidence is one person’s statements was itself the problem.
This is the view that it is too early to treat the ruling as the final word. In an editorial, Kyunghyang Shinmun urged the Supreme Court to rule rigorously so that no doubts remain. The special counsel said, “We are disappointed,” and that it would file a final appeal to set things right, Yonhap reported.
What is confirmed is the acquittal on appeal, the fact that the heart of the ruling was the credibility of Mr. Myung’s statements, and the special counsel’s plan to appeal. What is unconfirmed is the direction and timing of the Supreme Court’s ruling. Today we watch whether the special counsel actually files its appeal and whether Oh adds any further position.
Yonhap (acquittal on appeal / special counsel’s position, Oct 23) · Dong-A Ilbo (analysis of the judgment, Oct 23) · Kyunghyang Shinmun (court’s reasoning, Oct 23) · Korea Economic Daily (Oh’s reaction, Oct 23) · Chosun Ilbo (editorial / breaking news, Oct 23–24)
Seoul Mayor Oh Se-hoon acquitted on appeal in ‘Myung Tae-kyun poll payment’ case… first-trial fine overturned
Seoul High Court Criminal Division 7 does not accept the credibility of Myung Tae-kyun’s statements… special counsel: “We will file a final appeal to set this right”
Criminal Division 7 of the Seoul High Court (presiding judge Koo Hoe-geun) acquitted Seoul Mayor Oh Se-hoon on the 23rd at the sentencing hearing of his appellate trial on charges of violating the Political Funds Act. Oh was indicted on suspicion that, during the 2021 Seoul mayoral by-election race, he commissioned opinion polls from the political broker Myung Tae-kyun and asked his supporter Kim Han-jeong to pay for them in his place. In July the first trial sentenced Oh to a fine of 10 million won, an office-forfeiting sentence, but that was overturned on appeal, Yonhap and Dong-A Ilbo reported. According to Kyunghyang Shinmun, the court said, “It is hard to regard it as proven beyond reasonable doubt that Oh Se-hoon commissioned specific opinion polls from Myung Tae-kyun and paid money in return.” Dong-A Ilbo reported that the court explained that the only direct evidence on the key issue is Mr. Myung’s statements. The court said, “It is hard to believe Myung Tae-kyun’s statements as they stand,” and explained that to accept only some of his statements as credible and use them as evidence of guilt, there would have to be sufficient grounds or corroborating evidence backing up the rest, Dong-A Ilbo reported. Yonhap reported that the court also found that the scope and timing of the polls Oh supposedly commissioned could not be established.
Dong-A Ilbo reported that the written judgment contains a statement that during the 2021 by-election Mr. Myung said, “You must not bring a poll in which Oh Se-hoon comes first. That’s insolent,” and instructed that polls be manipulated to Oh’s disadvantage. Whereas the Kim Keon-hee special counsel (special counsel Min Joong-ki) indicted Oh on the view that Mr. Myung conducted polls at Oh’s request, the court judged that there were circumstances suggesting Myung’s side had instead doctored the results to Oh’s disadvantage. Korea Economic Daily reported that right after the ruling Oh, tearful, said, “I will work hard so as not to let down expectations,” and Yonhap reported that Oh expressed thanks to the Seoul citizens who believed in his innocence. Yonhap reported that the special counsel issued a statement saying, “We are disappointed. We will file a final appeal to set this right.” Dong-A Ilbo reported that if the appellate ruling is upheld as it stands by the Supreme Court, Oh will keep his post as mayor, and that the Supreme Court’s ruling is expected in early next year. Kyunghyang Shinmun reported that people in and around the Seoul city government are saying he has “effectively entered presidential-election mode.”