An appeals court will rule on Seoul Mayor Oh Se-hoon's case involving polling costs allegedly covered by a third party. For Oh, who received a fine in the first trial severe enough to cost him his post, the appellate verdict is expected to be a watershed for his political standing.
The Seoul High Court's Criminal Division 7, presided over by Senior Judge Ku Hoe-keun, will hold the sentencing hearing at 2 p.m. on the 23rd for Oh, former Seoul Vice Mayor for Political Affairs Kang Chul-won, and businessman Kim Han-jung, a known supporter of Oh, all of whom were indicted on charges of violating the Political Funds Act, according to legal circles on the 23rd. At the final hearing, the special counsel sought a prison term of one year and six months for Oh, the same as in the first trial. The ruling will be broadcast live after the court approved a request from Special Counsel Min Joong-ki's team.
Oh was indicted over allegations that polling costs were covered on his behalf. The core of the allegation is that ahead of the April 2021 Seoul mayoral by-election, Oh commissioned opinion polls from Myung Tae-kyun through Kang, then his chief of staff, and instructed Kim, his supporter, to cover the survey costs. The special counsel concluded that Oh had Kim cover 33 million won in costs for a total of 10 opinion polls.
The first-trial court found that three unpublished polls and two polls intended for publication, out of the 10 surveys, were conducted at the request of Oh's side. It also recognized that Kim had covered 21 million won in costs for those polls. Citing the fact that the money was transferred before Kim and Myung had developed a personal relationship, the court concluded that the payments would have been difficult without instructions from Oh's side. It fined Oh 10 million won — an amount that under the Political Funds Act results in loss of the mayoral post.
Oh's side reinforced its legal team for the appeal and mounted a more detailed defense than in the first trial. It focused in particular on impeaching the credibility of Myung's statements, a key variable in the case. A recording containing Myung's remark that "Oh Se-hoon doesn't know," submitted by Kim's side during the appellate proceedings, was accepted as impeachment evidence. In the recording, Kim said he had acted voluntarily to help Oh, stating, "It wasn't something they asked for; I did it on my own." Myung also said, "Oh Se-hoon doesn't know. He doesn't know, so don't worry. I'll take care of it." Oh's side argued the recording indicates Kim independently funded the polling costs regardless of any request from Oh. Myung's side, meanwhile, is reported to have submitted a written statement to the court asserting that the remark "Oh Se-hoon doesn't know" referred not to the polls but to the unification of opposition candidates.
In his final statement, Oh pleaded not guilty, saying, "Asking someone described as a supporter to cover costs is incompatible with the political convictions I have upheld until now and is beyond my imagination."
The appellate finding of guilt or innocence is expected to be a watershed for Oh's political standing. Legal experts say that if he is found guilty, a fine of less than 1 million won — below the threshold for losing his post — would be unlikely. Even if Oh appeals to the Supreme Court, the scope for relitigating the facts or the credibility of evidence is limited, as the Supreme Court is in principle a court of law that reviews whether the lower court erred in interpreting and applying statutes rather than reexamining the facts. The special counsel law recommends, through advisory provisions, that the first trial conclude within six months and that the second and third trials each conclude within three months of the date of the lower court's ruling. Accordingly, if the case goes to the Supreme Court, a final conclusion is expected as early as January next year.