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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
- Korea’s two key legal reforms of lay adjudication
- Fukurai, Hiroshi; Park, Sunsul
- Yonsei University
| Title |
Korea’s two key legal reforms of lay adjudication
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| 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 |
| License |  |
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)
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