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Getting citizens involved : Civil participation in judicial decision-making in Korea

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  • Getting citizens involved
  • Lee, Jae-Hyup
  • University of Pennsylvania


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Title Getting citizens involved
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Sub Title

Civil participation in judicial decision-making in Korea

Material Type Articles
Author(English)

Lee, Jae-Hyup

Publisher

[Philadelphia, U.S.]:University of Pennsylvania

Date 2009-08
Journal Title; Vol./Issue East Asia Law Review:vol. 4(no. 2)
Pages 31
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Public Administration
Government and Law < Laws and Legislation
Holding SSRN

Abstract

Korea introduced "the civil participation in criminal trials (jury trials)," for the first time in the nation’s history, on January 1, 2008. The Korean jury system incorporates both the U.S.-style jury system and the German lay assessor system, in order to assess the actual experience of citizen participation in trials during the initial 5 years of experimental phase. The author first delineates the background history of the introduction of the jury system in Korea and explains the relevant legal provisions. Then the author discusses problems that have arisen, implications for the future, and important remaining research questions, based on the experience of the first year of the system in Korea. The author concludes with cautious optimism that jury trials in Korea will, even if in a very limited scope, change fundamental aspects of criminal trials in general, modifying the role of the judge, the trial strategies of both prosecutors and defense attorneys, and the evidentiary rules that are applicable to court proceedings.