Seoul, 26 March

A South Korean appeals court on 26 March overturned a conviction under election law against opposition leader Lee Jae-myung, clearing the way for him to campaign for president.

The win comes at a time when the country's impeached President Yoon Suk-yeol may be forced to step down early if martial law is imposed and polls show that Lee, leader of the main liberal opposition Democratic Party, who lost the 2022 election by a slim margin to Yoon, is the early favourite to replace him.

Yoon, a conservative, has been suspended from office since the liberal opposition-controlled National Assembly impeached him on 3 December over his martial law decision that threw the country into political turmoil.

The Constitutional Court is considering whether to formally sack or reinstate him. If he is removed, elections will be held within two months to replace him. Lee still faces four other criminal trials, none of which are likely to be resolved soon.

In November, the Seoul Central District Court convicted Lee of making false statements about a controversial land development project. He had launched the project while he was the city's mayor. The case also involved his relationship with a subordinate who committed suicide after being caught up in a scandal involving another development project.

Under South Korean law, anyone who receives a fine of more than 1 million won (USD 683) for violating election law is barred from running for five years, and anyone sentenced to prison, including a suspended sentence, cannot run for 10 years. Lee could become president despite a conviction in lower courts, as the prohibition does not apply until all appeals are exhausted, and as president he would be immune from most criminal prosecutions.

Still, observers say it could have posed a significant political challenge if the appellate court had upheld his conviction. After the verdict, Lee emerged from court amid chants of his supporters and thanked the court for giving a "correct verdict based on truth and justice." Lee accused the Yoon government and state prosecutors of fabricating evidence against him.

The court said prosecutors have seven days to appeal the verdict to the Supreme Court, South Korea's top court. Yoo's ruling People's Power Party expressed deep regret over Wednesday's verdict and said the Supreme Court should rule on the appeal as soon as possible.