Seoul Mayor Oh Se-hoon due for appeal verdict in poll-payment case on Oct 23
In short
The Seoul High Court is to deliver its appeal verdict on Seoul Mayor Oh Se-hoon at 2 pm on 23 October in the Political Funds Act case tied to Myung Tae-kyun (명태균) and paid-for opinion polls. The first trial fined him 10 million won, which would cost him the mayor's post if it became final. The credibility of Myung's testimony and the meaning of a newly admitted call recording are the main points outlets say will decide the ruling.
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The Seoul High Court's Criminal Division 7, presided over by Judge Koo Hoe-geun (구회근), is to hold the appeal sentencing hearing for Seoul Mayor Oh Se-hoon at 2 pm on 23 October. Oh faces a charge of violating the Political Funds Act. Former Seoul deputy mayor Kang Chul-won (강철원) and Oh's supporter Kim Han-jung (김한정) are tried with him. The court approved the special counsel team's application for a live broadcast of the verdict, and Yonhap reported that the court made that decision on the 20th. [ 1 , 2 , 5 , 6 , 7 ]
Oh is accused of receiving results of opinion polls from Myung Tae-kyun before the 7 April 2021 Seoul mayoral by-election and having Kim pay about 33 million won for them through Kang. Newsis reported that the 10 polls included 3 published and 7 unpublished ones, and that Oh was sent to trial in December last year. [ 1 , 5 , 6 , 7 ]
In July the first trial found that 5 of the 10 polls were commissioned by Oh's side and that Kim paid about 21 million won toward them. It fined Oh 10 million won and ordered forfeiture of 21 million won. CBS NoCut News reported that Kang and Kim were fined 3 million won and 5 million won. At the closing hearing on 2 October the special counsel team led by Min Joong-ki (민중기) asked for a 1 year 6 month prison term and 33 million won in forfeiture for Oh. Oh's side argues that the first trial piled presumption on presumption in finding the facts. [ 1 , 5 , 6 , 8 ]
Under the Political Funds Act, a fine of 1 million won or more for illicit receipt of political funds, once final, bars a person from public office for five years and requires an incumbent to leave the post. Yonhap and CBS NoCut News said that if the first-instance sentence were finalised, Oh would lose his post and could not run in the next presidential election. CBS NoCut News added that even if the guilty finding stands on appeal, he can stay in office until the Supreme Court finalises the sentence. [ 1 , 6 , 8 ]
Outlets said the ruling is likely to turn on whom the court believes. The first trial held that Myung's statements could not be trusted in full but accepted parts that matched objective evidence. The appeals court summoned Myung as a witness, saying the credibility of his and others' statements appeared the most important issue. The court also admitted, as impeachment evidence, three recordings of March 2021 calls between Kim and Myung. Oh's side says Myung's remark "Oh Se-hoon doesn't know" shows Oh was unaware of the polls' details. Myung said in a statement to the court that it referred to the strategy of unifying opposition candidates. The special counsel team argued that an edited or manipulated recording could not serve as impeachment evidence, while Seoul Shinmun reported the court saw no sign of illegal acquisition or fabrication. [ 1 , 2 , 5 , 7 , 8 ]
Yonhap and CBS NoCut News noted that this panel acquitted former President Yoon Suk Yeol on appeal on the 7th in a case over free polls from Myung, but said that case turned on whether free polls count as political donations while Oh's turns on whether he knew of Kim's payment. In his closing statement, Oh said that asking a supporter to pay for polls was unimaginable and that he feared no loss of his post. [ 5 , 6 , 8 ]
Why it matters
Under the Political Funds Act as cited by Yonhap and CBS NoCut News, a fine of 1 million won or more that becomes final means loss of office and a five-year bar on public posts. Yonhap and CBS NoCut News add that this would also bar Oh from running in the next presidential election.
Key facts
- The Seoul High Court's Criminal Division 7 holds the appeal sentencing hearing for Oh Se-hoon at 2 pm on 23 October. [ 1 , 2 , 5 , 6 , 7 , 8 ]
- Oh is accused of violating the Political Funds Act by receiving poll results from Myung Tae-kyun before the April 2021 Seoul by-election and having a supporter pay about 33 million won for them. [ 1 , 5 , 6 , 7 , 8 ]
- The first trial found that 5 of the 10 polls were commissioned by Oh's side and that about 21 million won was paid on his behalf; it fined Oh 10 million won and ordered forfeiture of 21 million won. [ 1 , 5 , 6 , 8 ]
- The special counsel team sought a 1 year 6 month prison term and forfeiture of 33 million won for Oh at the closing hearing on 2 October. [ 1 , 5 , 6 , 8 ]
- The court admitted three recordings of calls between Myung and Kim Han-jung as impeachment evidence. [ 1 , 2 , 5 , 7 ]
- The verdict is to be broadcast live after the court approved the special counsel team's application. [ 2 , 5 , 6 , 7 , 8 ]
Confirmed by several sources
- The appeal verdict hearing is set for 2 pm on 23 October at the Seoul High Court, Criminal Division 7. [ 1 , 2 , 5 , 6 , 7 , 8 ]
- The first trial fined Oh 10 million won and ordered forfeiture of 21 million won, after finding 5 of 10 polls were commissioned and paid for as alleged. [ 1 , 2 , 5 , 6 , 8 ]
- Under the Political Funds Act, a fine of 1 million won or more for illicit receipt of political funds, once final, bars a person from public office for five years and requires an incumbent to leave the post. [ 1 , 2 , 6 , 8 ]
- The special counsel team asked for a 1 year 6 month prison term and 33 million won in forfeiture for Oh. [ 1 , 5 , 6 , 8 ]
- The appeals court admitted the Myung-Kim call recordings as impeachment evidence, and Myung is quoted saying "Oh Se-hoon doesn't know". [ 1 , 2 , 5 , 7 , 8 ]
- The verdict hearing will be broadcast live. [ 2 , 5 , 6 , 7 , 8 ]
Still unclear
- Whether the appeals court will uphold, change or overturn the first-instance ruling. The documents were published before the 2 pm hearing and report no result.
- What Myung meant by "Oh Se-hoon doesn't know" on the recordings. Oh's side says it shows he did not know the details of the polls; Myung said in a statement to the court that it referred to the strategy of unifying opposition candidates, not the polls (Newsis, Seoul Economic Daily, CBS NoCut News).
- Whether the court will find Myung's testimony credible. Oh's side says Myung's words are the only support for the commissioning and payment allegations; the first trial accepted only the parts matching objective evidence (Korea Economic Daily, Seoul Shinmun).
- Whether the panel will reach the same result as in the Yoon Suk Yeol case. Yonhap and CBS NoCut News say the same panel acquitted Yoon but note that the issues differ, so the outcome is uncertain.
What local media are saying
Timeline, local time
- Korea Economic Daily publishes a preview of the verdict, naming Myung's credibility as the key point (22 October). [ 1 ]
- Seoul Shinmun reports that the verdict will turn on Myung's testimony and the call recordings (22 October). [ 2 ]
- Newsis reports that the appeal verdict comes today and will be broadcast live (23 October). [ 5 ]
- Seoul High Court Criminal Division 7 is scheduled to hold the appeal sentencing hearing (23 October). [ 1 , 2 , 5 , 6 , 7 , 8 ]