Appeals Court Acquits Former President Yoon in Free Opinion Polls Case
The Seoul High Court overturned a two-year prison sentence imposed on former President Yoon Suk Yeol over allegations that he received free political opinion polls before the 2022 presidential election.
A South Korean appeals court acquitted former President Yoon Suk Yeol on Wednesday of violating the Political Funds Act by allegedly receiving free opinion polls before the 2022 presidential election. The ruling overturned a lower court judgment that had sentenced him to two years in prison.
The case centered on 58 surveys that prosecutors said were supplied without charge by self-described political broker Myung Tae-kyun between April 2021 and March 2022. Investigators valued the polling services at about 270 million won, or roughly $202,000. Prosecutors alleged that Yoon acted in concert with his wife in accepting the surveys as an unlawful political contribution.
The Seoul High Court rejected that case on appeal. The court said the evidence did not establish an agreement under which Yoon and his wife requested, discussed or knowingly received the polling work free of charge. It also found the evidence insufficient to prove an intention to donate political funds. Myung, who faced related charges, was also acquitted.
The decision reversed the lower court’s conclusion that an implicit agreement existed between the parties. That court had found Yoon responsible in connection with a portion of the surveys delivered directly to him or his wife and imposed the two-year prison term. The special counsel had sought a four-year sentence for Yoon during the appeal proceedings.
The appellate judgment marks a major change in the legal assessment of a case that examined whether valuable campaign-related research can constitute a political contribution when no direct payment is made. The dispute turned not only on the value and delivery of the surveys, but also on whether prosecutors proved the mutual understanding and intent required for criminal liability under the political finance law.
Wednesday’s acquittal removes the conviction and prison sentence entered in the first trial, though it may not necessarily be the final step in the proceedings. Prosecutors can seek review by the Supreme Court if they decide that the appellate court misapplied the law or improperly assessed the evidence. Any further challenge would focus on the legal and evidentiary basis for treating the polling services as a prohibited contribution.
The ruling was issued amid sustained scrutiny of political funding practices and the role of private polling in election campaigns. It underscores the burden on prosecutors to prove more than the delivery of a benefit: they must also establish the agreement and criminal intent required by the statute.