Trends in Jury Trial Development in South Korea

Abstract

This article presents a continuation of the author's study of jury trial in the Republic of Korea. The article evaluates the effectiveness of Korea's jury trial system as reflected in recent empirical studies, and identifies some innovative practices that have emerged because of the (experimental) introduction of this institution into the Korean legal system in 2008. In addition, some common problems of jury trials in international practice are examined, and different approaches to their solution are explored. Such problems include the elimination of biases, judicial review and intervention for informed decision-making, the use of rationality in jury deliberations, etc. The paper describes Korea's unique experience with the introduction of a «shadow jury» to increase public confidence in the judicial system, as well as the specific features of concentrated criminal proceedings allowing jurors to reach a verdict in a single court session. The performance results of the Civil Participation Committee established by the Supreme Court of Korea during the first five years of jury trial operations are analyzed. The main features of the draft of the final format for this institution are outlined. Changes in the attitude towards the jury’s verdict and its legal significance, the number of jury members and the increase in the scope of the state prosecution's authority in jury management are highlighted, and the results of experimental studies conducted in order to prevent possible mistakes of jurors are presented. The author describes tools that help Korean jurors better represent and fulfill their role, correctly understand the meaning of general or standardized instructions, in which legal terminology is explained in plain language, as well as court-prepared guidelines for a specific criminal case. A thorough analysis of Korean experience will be useful to criminal justice professionals around the world.