Reflections on the Korean Jury Trial

Journal of Korean Law, Vol. 14, 81-115, December 2014

Cornell Legal Studies Research Paper No. 15-31

37 Pages Posted: 2 Sep 2015 Last revised: 6 Oct 2015

See all articles by Valerie P. Hans

Valerie P. Hans

Cornell University - School of Law

Date Written: December 1, 2014

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.

Keywords: Korean jury trial, jury studies, jury judge, legal reform, juror's guide, bifurcated trial, deliberation, deliberative democracy

Suggested Citation

Hans, Valerie P., Reflections on the Korean Jury Trial (December 1, 2014). Journal of Korean Law, Vol. 14, 81-115, December 2014; Cornell Legal Studies Research Paper No. 15-31. Available at SSRN: https://ssrn.com/abstract=2653795

Valerie P. Hans (Contact Author)

Cornell University - School of Law ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-0095 (Phone)

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