Reflections on the Korean Jury Trial
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Korea’s experience with its new jury system offers many lessons for those interested in juries and jury reform worldwide. Aiming for a unique jury system that was ideally suited to Korean citizens and their legal system, those who crafted Korea’s jury incorporated elements of both classic jury systems and mixed tribunals. Initially, the jury deliberates on guilt independently of the judge, but the procedure includes optional as well as mandatory opportunities for the presiding judge to advise the jury during its deliberation. The Korean jury delivers an advisory rather than binding jury verdict. These and other features of the Korean jury system are analyzed and contrasted with practices elsewhere. The unique procedures associated with Korean jury trials offer a natural experiment and deserve continuing serious study.
Abstract
Korea’s experience with its new jury system offers many lessons for those interested in juries and jury reform worldwide. Aiming for a unique jury system that was ideally suited to Korean citizens and their legal system, those who crafted Korea’s jury incorporated elements of both classic jury systems and mixed tribunals. Initially, the jury deliberates on guilt independently of the judge, but the procedure includes optional as well as mandatory opportunities for the presiding judge to advise the jury during its deliberation. The Korean jury delivers an advisory rather than binding jury verdict. These and other features of the Korean jury system are analyzed and contrasted with practices elsewhere. The unique procedures associated with Korean jury trials offer a natural experiment and deserve continuing serious study.
참고문헌 (35)
- Neil Vidmar, "World Jury Systems" (2000)
- Valerie P. Hans, "Jury Systems around the World", Ann. Rev. L. & Soc. Sci, 4, pp.275~ (2008)
- Nancy S. Marder, "An Introduction to Comparative Jury Systems", Chi.-Kent L. Rev, 86, pp.453~ (2011)
- "Act on Civil Participation in Criminal Trials", Act No. 8495, ~ (2007)
- Kim Sangjoon, "Judge-Jury Agreement in Criminal Cases: The First Three Years of the Korean Jury System", J. Empirical Legal Stud, 10, pp.35~ (2013)
- 이재협, "What’s Happening in the Jury Room?- Analyzing Shadow Jury Deliberations in Korea", Journal of Korean Law, 13(1), pp.41~68 (2013), 법학연구소
- Shari Seidman Diamond, "Verdict: Assessing the Civil Jury System", pp.282~ (2000)
- G. Thomas Munsterman, "Jury Trial Innovations", pp.37~38 (2006)
- "Online Juror Orientation"[URL]
- "A California juror orientation video may be viewed on YouTube"[URL]
- Stephan Landsman, "The Adversary System: A Description and Defense" (1984)
- Am. Bar Ass’'n, "Principles for Juries and Jury Trials", pp.29~ (2005)
- Vicki L. Smith, "The Feasibility and Utility of Pretrial Instruction in the Substantive Law", Law & Hum. Behav, 14, pp.235~ (1990)
- Am. Bar Ass’'n, "Jury Comprehension in Complex Cases", pp.34~37 (1989)
- Michael Dann, "Recent Evaluative Research on Jury Trial Innovations", Ct. Rv, 41, pp.12~ (2004)
- B. Michael Dann, "Can Jury Trial Innovations Improve Juror Understanding of DNA Evidence?", Judicature, 90, pp.152~ (2007)
- Theodore Eisenberg, "Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes", Cornell L. Rev, 94, pp.1353~ (2009)
- David C. Baldus, "Equal Justice and the Death Penalty: A Legal and Empirical Analysis", pp.8~ (1990)
- Robert Brame, "the Death Penalty:America’'s Experience with Capital Punishment" (2007)
- William J. Bowers, "The Capital Jury Project: Rationale, Design, and Preview of Early Findings", Ind. L.J, 70, pp.1043~ (1995)
- Richard H. Field, "Civil Procedure: Materials for a Basic Course", pp.244~245 (2014)
- Jennifer M. Granholm, "Bifurcated Justice: How Trial-Splitting Devices Defeat the Jury’'s Role", U. Tol. L. Rev, 26, pp.505~ (1995)
- Stephan Landsman, "Be Careful What You Wish For: The Paradoxical Effects of Bifurcating Claims for Punitive Damages", Wisc. L. Rev, 1998, pp.297~
- "Delawa re Trial Handbook"[URL]
- Neil Vidmar, "American Juries: The Verdict", pp.41~56 (2007)
- Sanja Kutnjak Ivkovićć, "Lay Particip ation in Criminal Trials : The Case of Croatia" (1999)
- Sanja Kutnjak Ivković, "Exploring Lay Participation in Legal Decision-Making: Lessons from Mixed Tribunals", Cornell Int’'l L.J, 40, pp.429~ (2007)
- "Discussion with judges from Seoul Central District Court", ~ (2014)
- Woo Jisuk, "The Effects of Trial Procedure Factors and Deliberation Factors on Shadow Jurors", Perceptions about the Fairness of Jury Trials in Korea, paper presented at the Third International Conference on Empirical Studies of Judicial Systems (2014), Academia Sinica
- Woo Jisuk, "The Effects of Trial Procedure Factors and Deliberation Factors on the Perception of Fairness about the Trial—-Based on Shadow Jurors’' Experiences at Jury Trials in Korea", Seoul L. J, 54, pp.261~ (2013)
- "Constitution art. 27(1)", ~
- "Citizens’ Participatory Trial Review Committee Decides on the Final Form and Scope of Citizens’Participatory Trial" (2013)[URL]
- Valerie P. Hans, "The Death Penalty: Should the Judge or the Jury Decide Who Dies?", J. Empirical Legal Stud
- Shari Seidman Diamond, "What a (Very)Smart Trial Judge Knows about Juries", DePaul L. Rev
- "Commentaries to Criminal Law , Special Part Vol.3", pp.268~269 (2006)