Cho Kuk has stated his position on the dispute over withdrawing the prosecution in President Lee Jae Myung’s Public Official Election Act case and the outlook for a trial after Lee’s term. The key points are his condition that a fabricated indictment must first be confirmed before pursuing a prosecution withdrawal, and his prediction that the likelihood of a guilty verdict would be very high in a second trial resumed after Lee’s term if the Supreme Court’s legal reasoning is not overturned again.
Key Changes
Cho Kuk said that a fabricated indictment must first be confirmed before pursuing a prosecution withdrawal on that basis. He also argued that pushing through a prosecution withdrawal in President Lee Jae Myung’s case while ignoring the impression that it is legislation for a specific individual could lead to political and legal setbacks.
The central issues in the prosecution-withdrawal debate are whether a fabricated indictment has been confirmed and whether the measure could be perceived as a system designed for a specific individual.
Current Status
In May 2025, the Supreme Court overturned the lower court’s not-guilty ruling in President Lee Jae Myung’s Public Official Election Act case on the grounds that a guilty verdict was warranted and remanded the case to the Seoul High Court. The Supreme Court’s ruling concerned whether statements made by a presidential candidate on broadcasts and during a parliamentary audit constituted the crime of publicizing false information under the Public Official Election Act.
According to reports, President Lee Jae Myung’s Public Official Election Act case is currently suspended based on Article 84 of the Constitution. Article 84 provides that, except in cases involving insurrection or foreign aggression, the president is not subject to criminal prosecution during the term of office.
Regarding prosecution withdrawal, Article 255(1) of the Criminal Procedure Act provides that a prosecution may be withdrawn before the judgment of the first trial is pronounced. However, the materials available here do not establish the final legislative status of the Special Act on the Special Prosecutor for Prosecution Withdrawal.
Impact
Cho Kuk’s remarks are a politician’s prediction and argument, not a ruling that determines the legal outcome of the case. Accordingly, the Supreme Court’s remand decision should be distinguished as a confirmed court procedure, while the likelihood of a guilty verdict in a second trial after Lee’s term should be treated as Cho Kuk’s forecast.
The issues that can currently be confirmed are as follows:
- Whether a fabricated indictment has been confirmed as a prerequisite for pursuing a prosecution withdrawal
- The future procedure for the trial suspended while the president is in office
- Whether the Supreme Court’s legal reasoning will be maintained in the remand proceedings
Next Checkpoints
Going forward, the official legislative status of any effort to withdraw the prosecution, court announcements concerning the trial procedure, and whether the trial resumes after Lee’s term should each be checked separately. The current materials do not establish the final legislative status of the Special Act on the Special Prosecutor for Prosecution Withdrawal or a specific trial schedule.
This article was compiled from materials checked between 15:10 and 15:15 on September 1, 2026. The main sources are [Newsis report](https://nwww.newsis.com/view/NISX20260901_0003771501), [Hankook Ilbo report](https://www.hankookilbo.com/news/article/A2026090114590001118), [Kyunghyang Shinmun report](https://www.khan.co.kr/article/202609011540011/), [summary of the Supreme Court ruling](https://www.scourt.go.kr/portal/news/NewsViewAction.work?gubun=4&pageIndex=1&searchOption=&searchWord=&seqnum=10394&type=5), [Article 255 of the Criminal Procedure Act](https://www.law.go.kr/lsLinkCommonInfo.do?chrClsCd=010202&lsJoLnkSeq=1028176299), [Article 84 of the Constitution of the Republic of Korea](https://www.law.go.kr/LSW/lsSideInfoP.do?docCls=jo&joBrNo=00&joNo=0084&lsiSeq=61603&urlMode=lsScJoRltInfoR), and [Chosun Biz report](https://biz.chosun.com/policy/politics/assembly/2026/09/01/JK42WUI22BGLXOYSDZMC5LCBWY/?outputType=amp).