After the National Assembly inspection, the second trial is sentenced... Oh Se-hoon's 'political destiny' falls in two weeks

(Seoul = Yonhap News) Reporter Kim Dong-gyu = As Seoul Mayor Oh Se-hoon, who was sentenced to lose his mayoral position in the first trial for the 'Myeong Tae-gyun suspicion of paying public opinion poll fees' case, approaches the 23rd for the appeal trial, tensions inside and outside of Seoul are increasing.

In addition, the National Assembly Public Administration and Security Committee and the Land, Infrastructure and Transport Committee are scheduled to audit the Seoul Metropolitan Government on the 15th and 19th, respectively, so the political battle surrounding Mayor Oh's judicial risk is expected to continue ahead of the second trial verdict.

As of the 10th, the trial situation seen both inside and outside of Seoul is not that easy for Mayor Oh.

The first trial court sentenced Mayor Oh to a fine of 10 million won after admitting that he had commissioned Myung Tae-gyun to conduct an opinion poll ahead of the 2021 Seoul mayoral by-election and had his sponsor, businessman Kim Han-jeong, pay the cost on his behalf.

If you are sentenced to a fine of 1 million won or more for violating the Political Fund Act, you will lose your mayoral position.

Special prosecutor Min Joong-ki's team requested a heavier punishment than the first trial, requesting that Mayor Oh be sentenced to 1 year and 6 months in prison at the appellate trial.

However, the recent ruling by former President Yoon Seok-yeol by the same court is a factor raising expectations for Mayor Oh.

On the 7th, the 7th Criminal Division of the Seoul High Court overturned the first trial's sentence of two years in prison for former President Yoon, who was indicted on charges of receiving public opinion polls from Mr. Myeong for free, and found him not guilty.

The court judged that there was insufficient evidence to conclude that there was agreement between former President Yoon and his wife and Mr. Myeong, such as requesting or discussing the conduct and provision of an opinion poll.

Although the facts and legal issues of former President Yoon's case and Mayor Oh's case are different, Mayor Oh's side is hopeful that the first trial judgment will be overturned given that the same court strictly considered specific evidence to support the establishment of a crime rather than the circumstances.

Based on this, it is argued that the special prosecutor's claim that Mayor Oh knew in advance that Mr. Kim paid for the poll or ordered the payment does not hold up.

One of the reasons for the appeal is that the first trial overly relied on Myeong's statement and surrounding circumstances.

On the other hand, the variable in Mayor Oh's case is that it has a different structure from former President Yoon's case.

In the case of former President Yoon, the key issues were whether free opinion polls constituted political funds and the agreement to receive them, while in Mayor Oh's case, the main issue was whether Mayor Oh was aware of or involved in this as a third party actually paid for the poll.

In the end, it appears that the outcome will depend on how the appellate court judges the credibility of Myeong's statement, the probative power of the new recording, and the link between Mayor Oh and the payment of the costs.

In particular, the appellate trial is important in that it is the final stage of factual review to determine the facts.

Depending on the outcome, both sides may appeal, but the Supreme Court is, in principle, a legal judge, so the second trial decision becomes the basis for future trials.

Before sentencing, two government audits must be passed.

The National Assembly's Public Administration and Security Committee is scheduled to conduct a government audit of the Seoul Metropolitan Government on the 15th and the National Land, Infrastructure and Transport Committee on the 19th.

It is highly likely that ruling party members will continue to engage in intensive questioning and offensive over Mayor Oh's judicial risks as well as pending issues such as Seoul city government, housing, and transportation.

A chaotic atmosphere can be sensed ahead of the second trial sentencing.

On the 9th, a post from an unknown source spread online and through messengers, saying, 'Mayor Oh will hold a press conference to resign at 10 p.m.'

Seoul Metropolitan Government spokesman Ho Jun-seok dismissed the accusations as “baseless” and said, “We will request a cyber investigation into the malicious spread,” and no press conference was actually held to resign.

Although it ended as a groundless incident, some interpret it as showing the growing interest surrounding Mayor Oh's future as the sentencing date approaches.

For Mayor Oh, the next two weeks are expected to be a political critical moment.

After blocking the ruling party's offensive in two state administration audits, he will accept the appellate court's decision on the 23rd, which will have a significant impact on his mayoral position and future political actions.

Attention is being paid to whether the same court's acquittal of former President Yoon will signal a 'reversal' in the Mayor Oh case, or whether the first trial's decision to lose the mayoral position will be maintained.