Operation and Reform of the Korean Participatory Trial System for Judicial Democracy
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The introduction of participatory trials (hereinafter “PTs”) is significant because it has democratized the judicial process in Korean society. However, when we look back at PTs 15 years later, the use of the process is declining due to the low level of public trust in PTs and because they have not been popularized. There is also still a tendency for lawyers to avoid PTs. There is also criticism that they may violate the right to a trial by a judge, which is enshrined in the constitution. Moreover, judges and prosecutors avoid PTs because of the burdensome workload, which has resulted in PTs failing to achieve the intended improvements. To solve these problems, the court should be more restrained in its verdicts, and the scope of people’s PT should be expanded. This will secure trust in the judiciary and serve as a driving force to achieve judicial democracy through the participation of citizens in the judiciary. This article introduces the Korean case of PTs to explore their implications for improvements in the activation of PTs.
Abstract
The introduction of participatory trials (hereinafter “PTs”) is significant because it has democratized the judicial process in Korean society. However, when we look back at PTs 15 years later, the use of the process is declining due to the low level of public trust in PTs and because they have not been popularized. There is also still a tendency for lawyers to avoid PTs. There is also criticism that they may violate the right to a trial by a judge, which is enshrined in the constitution. Moreover, judges and prosecutors avoid PTs because of the burdensome workload, which has resulted in PTs failing to achieve the intended improvements. To solve these problems, the court should be more restrained in its verdicts, and the scope of people’s PT should be expanded. This will secure trust in the judiciary and serve as a driving force to achieve judicial democracy through the participation of citizens in the judiciary. This article introduces the Korean case of PTs to explore their implications for improvements in the activation of PTs.