About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 Suffolk Transnat'l L. Rev. 281 (2015)
A Benchmark in Asian Judicial Reform: The New Korean Jury System

handle is hein.journals/sujtnlr38 and id is 309 raw text is: A BENCHMARK IN ASIAN JUDICIAL REFORM: THE NEW KOREAN JURY SYSTEM Rosa Kim* I. INTRODUCTION In February of 2008, a nine-member South Korean jury in a court located in the city of Daegu unanimously convicted a 27- year old man of assaulting a 70-year old woman during an at- tempted burglary., Defense counsel argued for leniency by stat- ing that the defendant had taken the victim to the hospital and turned himself in.2 After a two-hour deliberation, the jury rec- ommended a suspended sentence of thirty months and eighty hours of community service.3 What seems like a run-of-the-mill jury trial to those who take the jury system for granted, was mo- mentous for Korea4, as it was the very first jury trial in its history. The new criminal jury trial system is an important bench- mark in South Korea's overall process of democratization. Since the government instituted its 1987 Constitution, it has en- deavored to bring about comprehensive democratic change in its political institutions. The drive towards creating legal and political systems that reflect an adherence to the rule of law and democratic ideals has resulted in significant alterations in the ju- dicial and legal realms. The moves towards more democratic- some would say Western-institutions seem inexorable, as they have gone hand in hand with the rapid pace of economic devel- opment in the global market. * Professor of Legal Writing, Suffolk University Law School. The author thanks Jessica Youngberg for her excellent and extensive research assistance, and also thanks Alix Howie for her help in the final stages. 1. See S. Korea Holds First Trial By Jury, BBC NEWS, (Feb 12, 2008), http:/Inews .bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/7241514.stm. 2. Id. 3. Id. The judge agreed with the jury, and announced a four-year suspended sentence. See South Korea: First Trial By Jury, N.Y. TIMES, Feb. 13, 2008, available at http://www.nytimes.com/2008/02/13/world/asia/13briefs-JURY.html?_r=0. Jury ver- dicts in Korea are advisory, not binding, as explained throughout this article. Id. 4. All references to Korea in this article are to South Korea, also known as the Republic of Korea.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most