Jury Trials in Korea: How a Traffic Accident Case Ended in a Unanimous Not-Guilty Verdict
Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: Yes, Korea has jury trials. Under the citizen participation trial (국민참여재판) system, ordinary citizens sit as jurors, hear the case, and reach a verdict that the judge considers in the final judgment. In one traffic accident case where the victim suffered a 14-week injury and the driver faced a possible prison sentence, a jury returned a unanimous not-guilty verdict, and the court accepted it.
For foreigners in Korea, this often comes as a surprise. Many assume Korea has no jury system at all. It does, though it works differently from the systems in other countries. Here is how it works, and when it can be the right strategy, from a Korean English-speaking lawyer’s perspective.
The case background
This case went to a jury (citizen participation trial). It arose from a traffic accident in which the victim suffered a 14-week injury, and the driver was formally indicted for trial, meaning the case was sent to a proceeding where a prison sentence, not merely a fine, was possible.
Prosecutors questioned the driver’s negligence and sought to impose criminal responsibility. But criminally punishing the driver seemed excessively harsh given the circumstances. The core issues were whether the driver was actually negligent, and even if there was some negligence, whether criminal punishment was appropriate at all.
Because the victim was seriously injured, the case had been sent to full trial. But to fully present the driver’s position, applying for a jury trial appeared to be the better path.
What is a citizen participation trial (국민참여재판)?
In a citizen participation trial, arguments about the facts and legal issues are presented to a jury of ordinary citizens, and the judge reaches a final judgment taking the jury’s verdict into account. It differs from an ordinary trial in two key ways:
Jury selection. Through a selection process, citizens without preconceptions about the case are chosen to serve.
Common sense and empathy. Beyond the legal analysis, the everyday common sense and sense of fairness of ordinary people can be reflected in the outcome.
Where, from an ordinary person’s perspective, the conduct is hard to see as a crime, a favorable outcome becomes genuinely possible. A citizen participation trial can be especially effective in cases that ordinary citizens can easily relate to and empathize with, as this one was.
When a jury trial is the right choice
A simple test helps: if the people around you are shocked that someone could face criminal punishment for this kind of situation, that reaction is a signal. When friends and neighbors react with disbelief that a matter like yours is being treated as a crime, a jury trial may work in your favor, because ordinary jurors are likely to feel the same way.
The defense strategy
Proposing a jury trial. We assessed that a jury trial substantially raised the possibility of an acquittal. Because this was a single-judge matter, and single-judge cases are not ordinarily eligible for a jury trial, we persuaded the court to transfer it to a panel, then actively expressed the wish to proceed by jury.
Preparing for jury selection. The selection stage is critical. We carefully considered which jurors would be favorable and prepared the selection process accordingly.
Presenting the driver’s position. We established that the driver had tried to avoid the accident, actively addressed the victim’s own negligence, and set out why criminal punishment would be excessively harsh. To convey the arguments as effectively as possible, we prepared clear visual presentations for each stage of the case.
The result: a unanimous not-guilty verdict
The trial ran for a single day. We calmly persuaded the jury of the issues and of the driver’s position. The jury returned a unanimous not-guilty verdict, and the court accepted it.
Why a jury trial demands careful teamwork
Jury trials turn on strategy, and they are very difficult to run alone. In jury selection especially, a single lawyer cannot both ask the questions and observe the jurors’ reactions at the same time. Handling a citizen participation trial through collaboration between lawyers allows a case to be judged on both the law and common sense, and to be presented at its strongest. If you are considering a jury trial, it is worth seeking that kind of team-based support.
Trials of this kind are unusual in Korea, and the preparation they require begins long before a courtroom is booked. More on how a Korean criminal case is defended from investigation through trial.
Frequently Asked Questions
Q: Does Korea have jury trials?
A: Yes. Korea has the citizen participation trial (국민참여재판) system, in which ordinary citizens sit as jurors and reach a verdict. The judge considers the jury’s verdict in reaching the final judgment. It differs from jury systems in other countries.
Q: When is a jury trial a good strategy in Korea?
A: It can be effective in cases that ordinary people can relate to, and where, from a common-sense perspective, the conduct is hard to see as a crime. If people are shocked that the matter is treated as a crime, a jury may feel the same way.
Q: Is a jury’s verdict binding on the judge in Korea?
A: The judge considers the jury’s verdict in the final judgment. In practice, a clear jury verdict carries significant weight, as in this case, where the court accepted a unanimous not-guilty verdict.
Q: Can any case go to a jury trial in Korea?
A: Not automatically. Eligibility depends on the type of case, and some matters require steps such as transferring the case to a panel. Whether a jury trial is available and advisable should be assessed early.
Q: I’m a foreigner facing a criminal case in Korea. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and advise whether a jury trial is the right strategy, and handle the case, which is especially demanding to run and benefits from a team.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. For advice on your situation, consult a licensed attorney.
Facing a criminal case in Korea and wondering if a jury trial could help? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense, including jury trials. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.
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