Korea will introduce a limited jury system next year that will for the first time give lay people a say in criminal trials. Some experts call the move revolutionary. Jurors’ verdict will not be legally binding but serve as an advisory opinion for judges. Han In-sup, a professor at College of Law of the Seoul National University, on Wednesday said ordinary people are expected to sit in on some 100 trials a year, “but their presence and decision will affect a million legal cases, because the introduction of the jury system will build up incalculable immaterial legal assets like the primacy of trials, the democratization of the criminal justice system and the promotion of legal education through trials.” Legal experts said the jury system will lead the creation of a new trial culture.
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Jurors take part in a mock trial held at the Seoul Central District Court. /Yonhap
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◆ How are jurors picked?
The chief of the district court will randomly select jury candidates among people over 20 who live in the court’s jurisdiction. The candidates will be notified of the date of jury selection. Everyone except the president, lawmakers, judges, prosecutors, lawyers, and court and prosecution officials qualifies. Relatives and legal agents of the defendant and plaintiff are also disqualified. Those who suffer from serious illness or aged over 70 years may be excused at the court’s discretion. Refusal to serve without good reason carries a fine of W2 million (US$1=W930).
◆ Legal circles react
So far, lawyers who are good at drafting documents have an advantage in court. But the jury system favors lawyers with courtroom skills, increasing the need for articulate lawyers who can spar with prosecutors. Prosecutors will also need to acquire rhetorical skills. The prosecution plans to draw up guidelines for prosecutors to persuade people effectively with simple language instead of difficult legal jargon and will train prosecutors for jury trials.
Judges initially opposed the introduction of the jury system since it was seen as encroaching on their turf. But an increasing number of judges have come round, hailing jury trials as an opportunity to dispel public distrust of the judiciary.
(englishnews@chosun.com )
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