Civil Participation in Judicial Proceedings Starting 2007

Starting in 2007, “Eclectic Public Judicial Participatory System,” a system combining the jury system and the civil participatory system, will be put into effect.

The Judicial Reform Committee under the Supreme Court of Korea announced on November 2 that it has unanimously agreed on the introductory bill of a public judicial participatory system at its 23rd general meeting held on November 1.

According to the committee, a “judicial participatory panel (tentative title)” of five to nine citizens, excluding professional judges, will participate in judicial proceedings of “serious criminal cases” if the accused desires starting in 2007.

The judicial participatory panel offers its decision on being guilty or not guilty after the hearing. However, it differs from the American jury system in that it does not have any control over the final decision, but will be referred to by the judges.

If the judges find the accused guilty, the panel offers its opinion about the judgment as participatory jury. This also does not have any control over the final decision.

The committee will test the Eclectic Public Judicial Participatory System for three years and will form a “Public Judicial Participation Committee” (tentative title) in 2010 to decide on the final model of participatory trials. From 2012, the participatory panel will be able to offer binding opinions regarding guilt or non-guilt and sentence terms.

The Judicial Reform Committee has been discussing the introduction of the public judicial participatory panel system with an effort such as holding a mock trial with a juror regarding a robbery and murder case in the civil proceedings court in Seoul Central Regional Court in August.

A related official at the committee mentioned, “We expect the judicial participatory panel system to increase the credibility of judicial proceedings and strengthen the democratic legitimacy of the judiciary,” adding, “The first step for the implementation will be devised by next year.”

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