Republic of Korea's main opposition Democratic Party leader Lee Jae-myung (center) arrives to attend a hearing on his arrest warrant on corruption charges at the Seoul Central District Court in Seoul, Sept 26, 2023. (PHOTO / AP)

A Seoul court rejected an arrest warrant for the leader of the Republic of Korea’s main opposition party, giving the former presidential candidate a chance to steer the party’s fight in the nation’s next general election in 2024.

The Seoul Central District Court denied the arrest warrant sought for Democratic Party of Korea (DP) Chairman Lee Jae-myung, who has been accused of breach of trust, bribery and other charges related to a real-estate development project and involvement in an unauthorized remittance to the Democratic People's Republic of Korea.

Lee has been under medical treatment following his 24-day hunger strike that ended on Sept 23. The hunger strike was held in protest of the policies of the government of ROK President Yoon Suk-Yeol

The decision was announced in the wee hours of Sept 27 after a questioning of over nine hours the previous day. 

READ MORE: South Korea opposition leader ends 24-day hunger strike

It was the first time in the country’s modern history that a main opposition party chief appeared in an arrest warrant hearing. 

“Considering the degree of necessity of guaranteeing the defendant’s right to defend and the degree of concern about destroying evidence, it is difficult to say that there is a reason and necessity for arrest that excludes the principle of investigation without detention,” Seoul Central District Court Judge Yoo Chang-hoon said. 

Lee, who appeared in court for the hearing to directly refute the prosecution’s accusation, expressed his appreciation to the judiciary for “safeguarding constitutional order”.

“I would like to express my deep gratitude to the judiciary that has proved itself as the last bastion of human rights,” Lee told reporters after the court’s decision was announced. 

Lee has been under medical treatment following his 24-day hunger strike that ended on Sept 23. The hunger strike was held in protest of the policies of the government of ROK President Yoon Suk-Yeol. 

The court’s rejection does not mean that Lee is innocent, and it is just part of the process of the investigation, Justice Minister Han Dong-hoon told reporters on Sept 27.

“The prosecution has been investigating fairly according to the procedure and will continue to do so,” said Han, adding that 21 people were arrested for related issues. 

Escalated confrontation between the ruling and opposition parties is expected following the court’s rejection of the arrest warrant. 

Cha said he also sees more challenges for the Yoon government as public antipathy and resistance to the so-called “prosecutorial dictatorship” may be more intense

Hong Ihk-pyo, who was just elected as the floor leader of the DP on Sept 26, said at a meeting of the party’s Supreme Council that ROK President Yoon should apologize over the “unreasonable political investigation”. He also demanded the dismissal of Han.

In response, the ruling People Power Party demanded an apology from Lee for “the fact of the crime”, and also called for his resignation from the DP leadership. 

With the arrest warrant dismissed, Lee is expected to gain momentum to strengthen his role within the party as well as competition for the general election next year. Lee lost to Yoon by a slender margin in last year's presidential election.

As the court's explanation for the dismissal indicates, it is expected that it will be difficult to maintain the indictment and convict Lee based on objective evidence as the prosecution hopes, said Cha Jae-kwon, a professor of political science at ROK’s Pukyong National University. 

Cha said Lee’s trial, which will continue for 2-3 years, seems very likely to result in a not guilty verdict.

READ MORE:  S. Korea lawmakers vote to pave way for opposition leader's arrest

“In that context, it is no exaggeration to say that the decision to dismiss is, in fact, an important judicial judgment that brought Lee Jae-myung one step closer to becoming the next president (of the ROK) … as some claimed,” Cha told China Daily. 

Cha said he also sees more challenges for the Yoon government as public antipathy and resistance to the so-called “prosecutorial dictatorship” may be more intense, while more moderates and independents may consider supporting Lee and the DP. 

The approval rating of DP was 34.4 percent while that of the PPP was 27 percent, according to a survey released by YTN television on Sept 27. The survey was conducted over two days from Sept 25, the day before the arrest warrant hearing for Lee.

Contact the writer at kelly@chinadailyapac.com