Updated Dec.15,2004 14:24 KST

Court to Introduce Jury System in 2007
For the first time since the establishment of Korea's modern tribunal in 1894, civilians will be able to take part in the court's decision-making process, which until now has been confined exclusively to legal officers.

"As part of efforts to revamp the country's judicial proceedings, the Supreme Court and its judicial reform committee have announced plans to introduce a jury system that allows for greater public input."

The proposed plan, which is a combination of jury systems enforced in the United States and Germany, stipulates three professional judges and five to nine lay assessors to sit on a case. But it's different from the U.S. jury system in that jurors will not only determine the verdict, but also have a say over the severity of the sentence, as is the case in Germany.

"Considering the progress Korea's civil society has made and the improved capacity of our court today, we feel that it's now time for us to introduce a jury system that permits greater public participation. The new system will also contribute to fostering further growth as a democracy."

The modifications spell a fundamental change in the way trials are conducted. Legal proceedings are expected to shift from the current record and precedent-dependent method to a more evidence and trial-oriented one. Also, as attorneys will need to argue their cases before lay participants as well as legal judges, experts anticipate legal language in court will become more accessible and less jargon heavy.

"Public participation in the trial process helps prevent judges from making an arbitrary decision. As it helps reflect public sentiment in reaching a verdict, it also boosts confidence in the credibility of courts and ultimately the jurisdiction of the judiciary."

During the first test run of the proposed system in 2007, a jury's verdict will not be legally binding but will only act as a recommendation. Jury participation will also be dependent upon a defendant's agreement and limited to serious criminal cases such as homicides. Professional judges will continue to determine the final sentence until 2012 when the Supreme Court is scheduled to decide whether to make jurors a permanent feature of the country's judiciary.

Arirang TV