Special Lecture by Professor Cho Kyun-seok of Ewha Womans University Law School, South Korea

October 10, 2013

Date & Time: Thursday, October 10, 2013, 3rd period (1:00 PM–2:30 PM)

Venue: Room 435, South School Building, Mita Campus, Keio University

Lecture Topic: Citizen Participation in Criminal Trials in South Korea

Since January 2008, South Korea has implemented a system of Citizen Participation in Criminal Trials (jury trials), which differs from the American jury system, the German lay judge system, and the Japanese saiban-in system. Five years have passed since its implementation, and the system is currently under review.

In the lecture, Professor Cho first introduced the features and operational status of South Korea's Citizen Participation in Criminal Trials and then explained the details of the planned revisions. The main revisions are as follows.

・Unlike in Japan, where the system is implemented only when the defendant requests (applies for) it in eligible cases, the revision will allow for Citizen Participation in Criminal Trials even if the defendant does not wish for it. This can occur upon the prosecutor's application if the court deems it necessary to enhance the democratic legitimacy and transparency of the judiciary.

・Previously, the jury's verdict was only advisory, and it was possible for the court to deliver a judgment different from the jury's verdict (although the concordance rate was 92%). The revision will stipulate that the court must respect the jury's opinion on findings of fact, allowing for a different judgment only in certain cases.

・Regarding the verdict, the current system requires a unanimous decision in the first deliberation and a simple majority in the second. The revision will change the second deliberation to require an absolute majority of three-fourths or more. As a result, there is a possibility of more hung juries. In such cases, the court will deliver a judgment without a verdict but will be able to refer to the jurors' opinions.

・The five-person jury composition will be abolished. The age requirement for jurors will be lowered from 20 to 19.

During the Q&A session, questions were raised regarding the relationship with the right to a "trial by a judge" guaranteed under the South Korean constitution, noting that some views in the past considered the jury system unconstitutional. Other questions concerned the nature of the discussions surrounding the current revision and the rationale for partially revising the defendant-initiated application system. Professor Cho Kyun-seok provided explanations on these points.

The lecturer, Professor Cho Kyun-seok, served as a prosecutor for many years before becoming a lawyer. Since the introduction of the law school system in South Korea five years ago, he has been teaching as a professor (Criminal Law, Criminal Procedure Law) at Ewha Womans University Law School.

During his time as a prosecutor, he studied abroad for one year as a visiting researcher at the Faculty of Law, Keio University. He also has experience teaching as a part-time lecturer at the Graduate School of Law while serving as a counselor at the Embassy of the Republic of Korea in Japan.

In South Korea, he has served on various government councils and has deep expertise in judicial system reform and victim support measures. Professor Cho Kyun-seok laid the foundation for South Korea's victim support system and the crime victim support centers established nationwide. He also founded the Restorative Justice Center at Ewha Womans University Law School, a rare institution of its kind in the world, and holds international seminars there every year.

(Tatsuya Ota, Faculty of Law)