Lay Participation in the Japanese and the Korean Justice Systems

소개

日本と韓国の 裁判員の参加する刑事裁判

목차

I. Introduction

II. The Background
1. The Problems of existing court systems in Korea and Japan
2. Apprehension regarding high conviction rates
3. The status of defendant

III. The Different Types of Public Participation in Legal Proceedings
1. The jury system in America
2. Jury system in Japan
3. Jury system in Korea

IV. Prospect And Public Opinion Regarding The Jury System
1. Prospect
2. The public view over launching the system

V. Suggestion
1. Jury Duty Avoidance
2. Juror Misconduct
3. The View Japan Should Adopt
4. The View South Korea Should Adopt

VI. Conclusion

VII. Reference

본문내용

I. INTRODUCTION


On May 28, 2004, the Japanese Diet passed Lay Assessor Act that concerns the participation of lay assessors in criminal trials. This act provides the establishment of a new mixed-court jury system (saiban-in) where the verdict and sentencing in major crimes is decided by a panel comprising three professional judges and six laypersons. The virtues and vices of this law, scheduled to come into force by June 2009, have been in the spotlight of public debate in Japan.
Similarly in Korea, since the establishment of Korean modern tribunal in 1894, civilians have become able to take part in the court`s decision-making process for the first time. Previously, decision-making processes were confined exclusively to legal officers. Accordingly, juries started participating in certain types of criminal cases on a trial basis starting 2007. The system will be reviewed in 2012, at which point the Korean Supreme Court will consider instituting it permanently. During the test period, juries` decisions will only be advisory and not binding.
As public participation in the trial process helps reflect public sentiment in reaching a verdict, it is expected that such participation will help prevent judges from making an arbitrary decision. Public participation also boosts confidence in the credibility of courts and ultimately the jurisdiction of the judiciary. Legal proceedings are expected to shift from the current record and precedent-dependent method to a more evidence and trial-oriented one. Besides, as attorneys will need to argue their cases before lay participants as well as legal judges, experts anticipate legal language in court will become more accessible and less jargon heavy

참고자료

· Creating the right mentality: dealing with the problem of juror delinquency in the new South Korean lay participation system, 2007 Vanderbilt University, School of Law
· Key Points of Jurors` Trial under People`s Participation in Criminal Trial Act, Cheong Jin-Gyeong, pp. 97~126 저스티스 通卷100號, 2007. 10
· Discussion Paper 12 (1985) - Criminal Procedure: The Jury in a Criminal Trial, Law Reform commission. New South Wales
· Crime and Justice in two societies: Japan and the United States 1992
· Jury Trials in Japan March 16, 2005, Robert M. Bloom, Boston College Law School
· Japanese Law and Legal Theory p.209~281, Confession and the right to silence in Japan, 1991, Daniel H. Foote