콘텐츠 바로가기
로그인
컨텐츠

Category Open

Resources

tutorial

Collection of research papers and materials on development issues

home

Resources
Government and Law Laws and Legislation

Print

Korea’s two key legal reforms of lay adjudication : The possible introduction of the grand jury (Japan’s prosecutorial peview commission) system and the elimination of consent requirement to allow lay adjudication of American military felons in South

Related Document
Frame of Image
  • Korea’s two key legal reforms of lay adjudication
  • Fukurai, Hiroshi; Park, Sunsul
  • Yonsei University


link
Title Korea’s two key legal reforms of lay adjudication
Similar Titles
Sub Title

The possible introduction of the grand jury (Japan’s prosecutorial peview commission) system and the elimination of consent requirement to allow lay adjudication of American military felons in South

Material Type Articles
Author(English)

Fukurai, Hiroshi; Park, Sunsul

Publisher

[Seoul, South Korea]:Yonsei University

Date 2012-05
Journal Title; Vol./Issue Yonsei Law Journal:vol. 12(no. 1)
Pages 27
Subject Country Japan(Asia and Pacific)
South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Holding SSRN

Abstract

This article examines two specific proposals to adopt citizen panels for prosecutorial review. We first analyze and contrast two different systems of lay participation suggested for possible adoption in South Korea, i.e., an American style criminal grand jury system and Japan’s new Prosecution Review Commission (PRC, or Japan’s grand jury – Kensatsu Shinsakai) system. In examining oversight abilities of these two systems, we recommend that South Korea may adopt a system modeled on Japan’s new PRC, rather than the American grand jury system, as the former is better equipped with a superior ability to assess and examine the governmental abuse of power, such as unethical or illegal conduct of police personnel, public prosecutors, and even powerful politicians and bureaucrats in the government. A second part of this article contemplates the way to restore Korea’s rights and path to prosecute and try American military personnel committing crimes in Korea. (The rest omitted)