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Act on citizen participation in criminal trials

제12편 형사법 국민의 형사재판에 참여에 관한 법률

ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

Act No. 8495, Jun. 1, 2007

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to clarify the power and responsibilities of citizens who take part in criminal trials under the participatory trial system that is hereby adopted to raise democratic legitimacy and confidence in judicial
process and to provide for special cases for trial procedure and other necessary
matters.

Article 2 (Definitions)

For the purposes of this Act:
1. The term "juror" means a person who is selected pursuant to this Act
to take part in a criminal trial;
2. The term "participatory trial" means a criminal trial in which jurors are participating.

Article 3 (Citizens' Rights and Duties)

(1) Every person has a right to a participatory trial, as provided by this
Act.
(2) Every citizen of the Republic of Korea has a right and duty to take
part in a participatory trial, as provided for by this Act.

Article 4 (Relationship to other Acts and Subordinate Statutes)

Except as otherwise provided expressly by this Act, the Court Organization
Act, the Criminal Procedure Act, and other Acts and subordinate statutes
shall apply to participatory trials.

CHAPTER Ⅱ ELIGIBLE CASES AND JURISDICTION

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

Article 5 (Eligible Cases)

(1) A case enumerated in any of the following subparagraphs shall be eligible for a participatory trial (hereinafter referred to as "eligible case"):
1. The latter part of Article 144 (2) of the Criminal Act (homicide in
the course of committing special obstruction of public duty); the latter part of Article 164 (2) of the aforesaid Act (homicide by committing
arson on present living buildings, etc.); the latter part of Article 172
(2) of the aforesaid Act (homicide by burst of an explosive object);
the latter part of Article 172-2 (2) of the aforesaid Act (homicide by discharge of gas, electricity, or other utilities); the latter part of Article
173 (3) of the aforesaid Act (homicide by committing obstruction to supply of gas, electricity, or other utilities); the latter part of Article
177 (2) of the aforesaid Act (homicide by inundation of present living
buildings, etc.); the latter part of Article 188 of the aforesaid Act
(homicide by committing obstruction of traffic); the latter part of Article
194 of the aforesaid Act (homicide by poisoning drinking water); Article
250 of the aforesaid Act (murder, killing ascendant); Article 252 of the aforesaid Act (murder upon request or with consent); Article 253
of the aforesaid Act (murder upon request by fraud); Article 259 of
the aforesaid Act (homicide by inflicting bodily injury, homicide of ascendant in the course of inflicting bodily injury); the part referring
to Article 259 in Article 262 of the aforesaid Act (homicide by committing
violence); the latter parts of Article 275 (1) and (2) of the aforesaid
Act (homicide by abandonment); the latter parts of Article 281 (1)
and (2) of the aforesaid Act (homicide by arrest or confinement); Article
301 of the aforesaid Act (bodily injury by or resulting from rape); Article
301-2 of the aforesaid Act (murder or homicide by committing rape);
the parts referring to Articles 301 and 301-2 in Article 305 of the aforesaid
Act (bodily injury by or resulting from sexual intercourse with, or sexual abuse to, a minor or murder or homicide by commission of sexual
intercourse with, or sexual abuse to, a minor); Article 324-4 of the
aforesaid Act (murder or homicide of hostage); Article 337 of the aforesaid
Act (bodily injury by or resulting from committing robbery); Article
338 of the aforesaid Act (murder or homicide by committing robbery);
Article 339 of the aforesaid Act (robbery and rape); Article 340 (2)

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제12편 형사법 국민의 형사재판에 참여에 관한 법률

and (3) of the aforesaid Act (bodily injury by or resulting from piracy
and murder, homicide and rape by committing piracy); and the latter part of Article 368 (2) of the aforesaid Act (homicide by commission
of aggravated destruction and damage);
2. Article 2 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific
Crimes (bribery); Article 4-2 (2) of the aforesaid Act (homicide by
committing arrest or confinement); subparagraph 1 of Article 5 of the aforesaid Act (loss to the national treasury); Article 5-2 (1), (2), (4),
and (5) of the aforesaid Act (kidnapping and abduction); Article 5-5
of the aforesaid Act (bodily injury by or resulting from commission of robbery, robbery and rape); Article 5-9 (1) and (3) of the aforesaid
Act (retaliatory crimes); Article 5 (4) 1 of the Act on the Aggravated
Punishment, etc. of Specific Economic Crimes (acceptance of property in breach of good faith); Article 5 of the Act on the Punishment of
Sexual Crimes and Protection of Victims thereof (aggravated robbery
and rape); Article 6 of the aforesaid Act (aggravated rape); Article
9 of the aforesaid Act (bodily injury by or resulting from rape); and
Article 10 of the aforesaid Act (murder or homicide by committing rape);
3. Cases specified by the Rules of the Supreme Court among cases under jurisdiction of a collegiate panel under Article 32 (1) 3 of the Court
Organization Act;
4. Cases of an attempt of, abetment, aiding, preparation, or conspiracy to commit an offense under any provision of subparagraphs 1 through
3;
5. Cases falling under any provision of subparagraphs 1 through 4 and
Article 11 of the Criminal Procedure Act, in which related cases are joined together for trial as a single case.
(2) If a defendant does not want a participatory trial or if a decision to exclude is made pursuant to Article 9 (1), no participatory trial shall proceed.

Article 6 (Revision to Prosecuted Facts)

(1) A court shall continue proceedings of a trial under this Act even where a case is no longer eligible for a participatory trial due to partial retraction
of or revision to prosecuted facts: Provided, That if a court determines
that it is inappropriate to proceed to a participatory trial in view of status
of inquiry or other circumstances, the court may have a collegiate panel

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

of the competent district court continue the trial without necessarily
proceeding to a participatory trial.
(2) No objection shall be raised against a decision made pursuant to the
proviso to paragraph (1).
(3) If a decision is made pursuant to the proviso to paragraph (1), jurors and alternate jurors who have participated in the trial shall be deemed
dismissed.
(4) Proceedings conducted before a decision under the proviso to paragraph
(1) is made shall remain effective and valid after such decision is made.

Article 7 (Requirement of Court-Appointed Defense Counsel)

If a defendant eligible for a participatory trial under this Act has no defense counsel, the court shall appoint such counsel at its discretion.

Article 8 (Ascertainment of Intention of Defendant)

(1) A court shall inquire a defendant of an eligible case, in writing or by other means without exception, of whether he/she desires a participatory trial. In such cases, the further specific method of inquiry of a defendant's
intention shall be prescribed by the Rules of the Supreme Court, and the
court shall ensure to assure a defendant of his/her right to a participatory trial to the maximum.
(2) A defendant shall submit a written statement, describing whether
he/she desires a participatory trial, within seven days from the date on which a duplicate of indictment is serviced. In such cases, a written
statement is deemed submitted at the time when the defendant sends
the statement by mail or when the defendant in a correctional institution or a detention center submits the statement to the head of the correctional
institution or detention center or a person acting for or on behalf of the
head of the correctional institution or detention center.
(3) If a defendant fails to submit a written statement under paragraph
(1), it shall be deemed that the defendant does not desire a participatory
trial.
(4) No defendant may change his/her previously stated intention after a decision to exclude is made pursuant to Article 9 (1), a decision to remove
is made pursuant to Article 10 (1), preparatory proceedings for a trial are closed, or the initial proceeding of a trial begins.

Article 9 (Decision to Exclude)

(1) A court may decide not to proceed to a participatory trial for a period

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beginning after indictment is filed and ending on the day after the closing
of preparatory proceedings for a trial in any of the following cases:
1. If a juror, an alternate juror, or a prospective juror has difficulties
in attending a trial or is unlikely to be able to duly perform his/her duties under this Act because of a violation or likely violation of the
life, body, or property of the juror, alternate juror, prospective juror,
or any of his/her family members.
2. If some of the accomplices do not want a participatory trial and it is considered difficult to proceed to a participatory trial;
3. If it is considered inappropriate to proceed to a participatory trial due to any other cause or event.
(2) A court shall hear opinions of the public prosecutor and the defendant
or defense counsel before making a decision pursuant to paragraph (1). (3) An immediate appeal may be filed against a decision made pursuant
to paragraph (1).

Article 10 (Special Cases for Cases under Jurisdiction of Branch Courts) (1) If a defendant manifests an intention that he/she desires a participatory trial and the collegiate panel of a branch of a district court does not make a decision to exclude pursuant to Article 9 (1), the court shall make a decision to remove the case from a participatory trial and transfer the case to a collegiate panel of the competent district court.

(2) Each collegiate panel of a district court shall have jurisdiction over a case over which the collegiate panel of a branch court has jurisdiction to make a decision, but makes a decision to remove the case from a
participatory trial pursuant to paragraph (1).

Article 11 (Transfer for Ordinary Proceedings)

(1) If proceedings of a trial have been suspended for a long time due to the defendant's illness or any other cause, if the period of confinement
of the defendant expires, or if it is considered inappropriate to continue
a participatory trial in view of circumstances of a trial due to any other cause or event, the court may decide to remove the case, at its discretion
or at the request of the prosecutor, the defendant, or defense counsel,
so that a collegiate panel of the competent district court can make a judgment on the case without a participatory trial.
(2) A court shall hear opinions of the public prosecutor and the defendant
or defense counsel before making a decision pursuant to paragraph (1).

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

(3) No objection may be raised against a decision made pursuant to paragraph
(1).
(4) Article 6 (3) and (4) shall apply mutatismutandisto cases for which
a decision under paragraph (1) is made.

CHAPTER Ⅲ JURY

SECTION 1 General Provisions

Article 12 (Power and Duties of Jurors)

(1) Jurors shall have the power to find facts and present opinions on the application of Acts and subordinate statutes and the determination of
punishment with respect to the case for which they take part in a
participatory trial.
(2) Every juror shall abide by Acts and subordinate statutes and perform his/her duties independently and sincerely.
(3) No juror shall divulge confidential information known to him/her in the scope of his/her duties nor shall he/she commit any act of undermining
fairness of a trial.

Article 13 (Number of Jurors)

(1) Nine jurors shall participate in a participatory trial for an eligible case the statutory punishment for which shall be death penalty or life
imprisonment with or without prison labor, while seven jurors shall
participate in a participatory trial for an eligible case other than those set forth above: Provided, That a court may have five jurors if the defendant
or defense counsel admits essential elements of prosecuted facts during the preparatory proceedings.
(2) Notwithstanding paragraph (1), a court may determine the number of jurors, either seven or nine, by decision, only if it finds that extraordinary
circumstances exist in view of the substance of a case and the prosecutor and the defendant or defense counsel consent.

Article 14 (Alternate Jurors)

(1) A court may have five or less alternate jurors in preparation for a vacancy of the jury.
(2) Provisions applicable to jurors of this Act shall apply mutatismutandis
to alternate jurors, unless any of such provisions contravenes the nature

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제12편 형사법 국민의 형사재판에 참여에 관한 법률

of alternate jurors.

Article 15 (Travel Expenses and Allowances)

Jurors, alternate jurors, and prospective jurors may be entitled to travel expenses and allowances, as prescribed by the Rules of the Supreme Court.

SECTION 2 Qualifications of Jurors

Article 16 (Qualifications of Jurors)

Jurors shall be selected from among citizens of the Republic of Korea who shall be not less than 20 years of age, as provided by this Act.

Article 17 (Grounds for Disqualification)

No person falling under any of the following subparagraphs shall be qualified for a juror:
1. A person declared incompetent or quasi-incompetent;
2. A person declared bankrupt but not yet reinstated;
3. A person in whose case five years have not passed since imprisonment without prison labor or any heavier punishment sentenced to him/her
was completely executed (or is deemed completely executed) or
discharged;
4. A person in whose case two years have not passed since suspension of imprisonment without prison labor or any heavier punishment had
been sentenced to him/her and the period of suspension was completed;
5. A person in whose case a sentence of imprisonment without prison labor or any heavier punishment was suspended but who is still in
the period of suspension;
6. A person whose qualification is deprived of or suspended by a court judgment.

Article 18 (Grounds for Exception due to Occupation, etc.)

A person falling under any of the following subparagraphs shall not be selected as a juror:
1. The President;
2. A member of the National Assembly, the head of a local government or a member of a local council;
3. A public official in political service in the legislative branch, the judiciary,
the executive branch, the Constitutional Court, the National Election
Commission, or the Board of Audit and Inspection of Korea;

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

4. A justice, judge, or public prosecutor;
5. An attorney at law or a certified judicial scrivener;
6. A public official in a court or public prosecutors' office;
7. A police officer, correctional officer, or a probation officer;
8. A military serviceman, civilian military employee, fire officer, or a reservist who is called out for service or who performs his/her duty
to receive education and training pursuant to the Establishment of
Homeland Reserve Forces Act.

Article 19 (Grounds for Exclusion)

No person falling under any of the following subparagraphs shall be selected as a juror for the relevant case:
1. A victim;
2. A person who is or was a relative of a defendant or a victim;
3. A legal representative of a defendant or a victim;
4. A witness, an expert witness, or the representative of a victim in the relevant case;
5. The representative, defense counsel, or an assistant of a defendant in the relevant case;
6. A person who performed duties as a prosecutor or a judicial police
officer in connection with the relevant case;
7. A person who was involved in a preceding trial of the relevant case or an investigation or examination on which the relevant case is based.

Article 20 (Grounds for Exemption)

A court may exempt any of the following persons from duties as a juror at its discretion or at the request of the person:
1. A person who is not less than 70 years of age;
2. A person who has ever attended selection proceedings as a prospective juror during the past five years;
3. A person whose case prosecuted for an offense punishable by
imprisonment without prison labor or any heavier punishment is still pending;
4. A person who is under arrest or confinement pursuant to any Act or
subordinate statute;
5. A person whose performance of duties is likely to cause harm to him/herself or a third party or is likely to sustain irrecoverable damage
to his/her career;

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6. A person who has difficulties in making an appearance before court
due to serious illness, injury, or disabilities;
7. A person who has difficulties in performing duties as a juror due to
any other unavoidable cause or event.

Article 21 (Demand for Reporting or Forwarding Documents)

The head of a district court or a presiding judge may demand the State, a local government, a public institution, or any other legal entity or
organization to submit a report or forward a document in its custody as may be necessary for making determination on selection or dismissal of
prospective jurors, jurors, and alternate jurors.

SECTION 3 SELECTION OF JURORS

Article 22 (Preparation of Jury Pool List)

(1) In order to prepare a jury pool list, the head of a district court may request, each year, the Minister of Public Administration and Safety to extract, from the resident registration information on citizens who are
not less than 20 years of age and who reside within its jurisdiction, the
resident registration information on names, dates of birth, addresses, and gender of a specific number of prospective jurors and forward the information
in the form of an electronic file.
(2) The Minister of Public Administration and Safety shall, upon receiving a request under paragraph (1), forward the data of resident registration
to the requesting head of the district court within 30 days.
(3) The head of each district court shall prepare a jury pool list each year using data of resident registration.

Article 23 (Determination of Prospective Jurors and Summons for

Attendance)

(1) A court shall choose a required number of prospective jurors by random selection from the jury pool list and serve summons for proceedings of selection of jurors and prospective jurors.
(2) Prospective jurors who are summoned pursuant to paragraph (1) shall
attend selection proceedings.
(3) A court shall immediately revoke the summons served to a prospective juror, when it finds that, after notice under paragraph (1), a prospective
juror falls under any of the grounds under Articles 17 through 20 until

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

the he/she completes the scheduled period for performing duties.

Article 24 (Presiding over Selection Process)

(1) A court may authorize an associate judge of the collegiate panel to preside over the selection process. In such cases, the authorized judge
shall have the same authority as the court or the presiding judge. (2) Selection proceedings shall not be open to the public.
(3) Care shall be exercised in selection proceedings to prevent degrading
the reputation of prospective jurors and intruding their privacy.
(4) A court may set another date for continuing selection proceedings. In such cases, if a new date of proceedings is notified to prospect jurors
who attend a selection proceeding, such notice shall be deemed to have the same effect as summons for attendance is served.

Article 25 (Questionnaire)

(1) A court may use a questionnaire to ascertain whether any ground specified in Article 28 (1) is applicable to a prospective juror.
(2) Every prospective juror shall answer questions in the questionnaire and submit the answer to the court, unless he/she has a justifiable reason
otherwise.

Article 26 (Service of Prospective Juror List)

(1) A court shall deliver a prospective juror list, describing the names, gender, and dates of birth of prospective jurors, to the public prosecutor
and defense counsel by no later than two days before the date set for selection.
(2) A court shall, when it uses a questionnaire for selection process,
distribute each copy of questionnaires submitted by prospective jurors to the public prosecutor and defense counsel before it proceeds to selection
proceedings.

Article 27 (Participants in Selection Proceedings)

(1) A court shall notify the public prosecutor and the defendant or defense counsel of the date set for selection.
(2) The prosecutor and defense counsel shall make an appearance on the
date set for selection, while the defendant may make an appearance with the permission of the court.
(3) A court shall, if the defense counsel fails to appear on the date set
for selection, appoint a court-appointed attorney.

Article 28 (Questioning of and Challenges against Prospective Jurors)

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(1) A court may question prospective jurors to find whether a prospective
juror falls under any provision of Articles 17 through 20 or his/her judgement is likely to be biased. The prosecutor and the defendant or defense counsel
may request the court to ask questions as may be necessary, and the court may allow the prosecutor or defense counsel to ask direct questions.
(2) No prospective juror shall refuse to make a statement on a question
asked pursuant to paragraph (1) without a justifiable reason or make a false statement thereon.
(3) A court shall, if it finds that a prospective juror falls under any provision
of Articles 17 through 20 or his/her judgement is likely to be biased, make a decision to dismiss the prospective juror at its discretion or upon a challenge
by the public prosecutor, the defendant, or defense counsel. The court
shall, when it dismisses a challenge made by the public prosecutor, the defendant, or defense counsel, notify the party of the ground therefor.

Article 29 (Objections)

(1) An objection may be raised immediately against a decision to dismiss a challenge pursuant to Article 28 (3).
(2) A decision on an objection raised pursuant to paragraph (1) shall be made by the court that made a decision to dismiss the relevant challenge.
(3) No objection may raised against a decision made on an objection.

Article 30 (Peremptory Challenges)

(1) The public prosecutor and defense counsel may have peremptory challenges without giving a reason to reject prospective jurors (hereinafter
referred to as "peremptory challenges") within the following limits:
1. Five persons if the jury is comprised of nine persons;
2. Four persons if the jury is comprised of seven persons;
3. Three persons if the jury is comprised of five persons.
(2) A court may not select a prospective juror as a juror against which a peremptory challenge is made.
(3) A court shall allow the public prosector and the defendant or defense counsel to make peremptory challenges in due turn.

Article 31 (Decision to Select or Dismiss)

(1) A court shall randomly choose prospective jurors equivalent to the number of jurors and alternate jurors required for the trial from among prospective jurors who are present and then shall make a decision to dismiss
some of the prospective jurors at its discretion and according to challenges

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

and peremptory challenges.
(2) If a decision to dismiss prospective jurors is made pursuant to paragraph
(1), the procedure under paragraph (1) shall be repeated for the number
of such dismissed prospective jurors.
(3) If candidates for jurors and alternate jurors are finally selected to meet the number of jurors and alternate jurors required for a trial through
the procedures under paragraphs (1) and (2), the court shall randomly select jurors and alternate jurors. If alternate jurors are two or more persons,
an order of priority between them shall be established.
(4) A court may omit to informing jurors and alternate jurors of who are selected as jurors.

SECTION 4 Removal of Jurors

Article 32 (Removal of Jurors)

(1) A court may, if a juror or an alternate juror falls under any of the following subparagraphs, make a decision to remove the juror or alternate juror at its discretion or at the request of the prosecutor, the defendant,
or defense counsel:
1. If a juror or an alternate juror fails to take the oath under Article
42 (1);
2. If the court finds that a juror or an alternate juror breaches any duty
under Article 41 (2) and is disqualified from performing his/her duties;
3. If a juror or an alternate juror breaches his/her duty to attend and he/she is found disqualified from continuing to perform his/her duties;
4. If a juror or an alternate juror falls under any provision of Articles
17 through 20 or his/her judgement is likely to be biased;
5. If it is discovered that a juror or an alternate juror made a false statement
in the questionnaire or that a juror or an alternate juror refused to make a statement, or made a false statement, on a question asked
in selection proceedings without justifiable grounds and he/she is found
disqualified from continuing to perform his/her duties;
6. If a juror or an alternate juror does not follow an order issued by the judge in the court or obstructed proceedings of the trial by using violent
language or any other improper speech or behavior.
(2) A court shall, when it makes a decision pursuant to paragraph (1),

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seek opinions of the public prosecutor and the defendant or defense counsel
and provide an opportunity to make a statement to the juror or alternate juror who is present at the proceedings.
(3) No objection may be raised against a decision made pursuant to paragraph
(1).

Article 33 (Resignation from Jury Service)

(1) Any juror or alternate juror who has difficulties in continuing his/her service may file an application for resignation with the court.
(2) A court may, if it finds that an application filed pursuant to paragraph
(1) has reasonable grounds, make a decision to dismiss the juror or alternate
juror.
(3) A court shall hear opinions of the public prosecutor and the defendant or defense counsel when it makes a decision pursuant to paragraph (2).
(4) No objection may be raised against a decision made pursuant to paragraph
(2).

Article 34 (Additional Selection of Jurors)

(1) If there is a vacancy in the jury due to a cause or event referred to in Article 32 or 33, an alternative juror shall replace a juror according to the prescribed order of priority. If there is no alternate juror who can
fill a vacancy in the jury, a juror shall be additionally selected.
(2) A court may, if it finds improper to select a juror additionally to have him/her take part in the course of a participatory trial in view of the
progress of the trial, make a decision to continue the participatory trial
only with remaining jurors in accordance with any of the following manner:

Provided, That the foregoing shall not apply if remaining jurors are less

than five persons:
1. If the jury is short of one juror, the court shall hear opinions of the public prosecutor and the defendant or defense counsel;
2. If the jury is short of two or more jurors, the court shall obtain consent
of the public prosecutor and the defendant or defense counsel.

Article 35 (Termination of Jury Service)

The service of jurors and alternate jurors shall terminate when any of the following events occurs:
1. A final judgment is notified;
2. A decision to transfer to ordinary proceedings is notified pursuant to the proviso to Article 6 (1) or Article 11.

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

CHAPTER Ⅳ PROCEDURE FOR

PARTICIPATORY TRIALS

SECTION 1 PREPARATION FOR TRIALS

Article 36 (Preparatory Proceedings for Trial)

(1) A presiding judge shall, when a defendant manifests that he/she desires a participatory trial, commence preparatory proceedings: Provided, That the foregoing shall not apply to cases where a decision to exclude is made pursuant to Article 9 (1) before the commencement of the preparatory
proceedings.
(2) A court may close preparatory proceedings if a defendant manifests that he/she does not want a participatory trial, or a decision to exclude
is made pursuant to Article 9 (1), after the preparatory proceedings are
commenced.
(3) A case transferred by the collegiate panel of a branch of a district court to a collegiate panel of the competent district court pursuant to
Article 10 91) may commence preparatory proceedings, if necessary, even through the case has gone through preparatory proceedings.
(4) The public prosecutor and the defendant or defense counsel shall collect
and arrange evidence in advance and give cooperation otherwise so that preparatory proceedings can be progressed smoothly.

Article 37 (Date for Preparatory Proceeding)

(1) A court shall designate the date of preparatory proceedings in order to arrange arguments and evidence and establish a plan for the trial. (2) A court may authorize an associate judge of the collegiate panel to
preside over preparatory proceedings. In such cases, the authorized judge
shall have the same authority as the court or the presiding judge with respect to preparatory proceedings.
(3) Preparatory proceedings shall be open to the public: Provided, That
a court may decide not to make preparatory proceedings open to the public
if open proceedings are likely to obstruct the progress of the proceedings. (4) The jury shall not participate in preparatory proceedings.

SECTION 2 Trial Proceedings

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Article 38 (Summons for Trials)

Summons for a trial shall be served to each of jurors and alternate jurors.

Article 39 (Seats for Participants in Litigation)

(1) A trial court shall be duly open with judges, jurors, alternate jurors, the public prosecutor, and defense counsel present at the trial.
(2) The public prosecutor shall sit on the opposite side of the defendant and defense counsel at an equal level: Provided, That a defendant shall
be on the witness stand when the defendant is examined.
(3) Jurors and alternate jurors shall sit at the left side of the space between judges and the public prosecutor, the defendant, and defense counsel.
(4) The witness stand shall be located at the right side of the space between
judges and the public prosecutor, the defendant, and defense counsel, facing jurors and alternate jurors.

Article 40 (Stenographic Notes and Audio Recording in Trial Court) (1) A court shall employ a stenographer to take stenographic notes of the trial or shall record sounds or images by using audio or video recording devices in the absence of any special reasons to the contrary.

(2) Stenographic notes, audio recording tapes, or video recording tapes shall be preserved separately from trial records, and the public prosecutor, a defendant, or defense counsel may request a copy of stenographic notes, audio recording tapes, or video recording tapes, upon the payment of the cost and expense thereof.

Article 41 (Procedural Rights and Duties of Jurors)

(1) Every juror and alternate juror may conduct any of the following acts:
1. Requesting the presiding judge to examine a defendant or witness on
necessary matters;
2. Taking notes and use them for deliberation, subject to permission of the presiding judge, if considered necessary;
(2) No juror or an alternate juror shall commit any of the following acts:
1. Leaving the court while the trial is in session or leaving the place of deliberation, verdict, or discussion without permission of the presiding
judge before deliberation, verdict, or discussion is completed;
2. Expressing or discussing his/her opinion on the relevant case before deliberation begins;
3. Collecting information on, or investigating into, the relevant case in addition to the trial proceedings;

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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

4. Divulging confidential information specified by this Act under
deliberation, verdict, or discussion.

Article 42 (Oath)

(1) Every juror and alternate juror shall take an oath to perform his/her duties impartially, in accordance with Acts.
(2) The presiding judge shall explain, to jurors and alternate jurors, the power and duties of jurors and alternate jurors, trial procedures, and other
matters necessary to perform their duties smoothly.

Article 43 (Exclusion from Application of Provisions for Summary Trial

Procedure)

Article 286-2 of the Criminal Procedure Act shall not apply to participatory trials.

Article 44 (Exclusion of Jury from Judgment on Admissibility of Evidence) No jurors or alternate jurors may involve in the court's examination on admissibility of evidence.

Article 45 (Renewal of Trial Proceedings)

(1) If a new juror or alternate juror take part in a trial after trial proceedings have begun, the trial proceedings shall be renewed.
(2) The renewal procedures under paragraph (1) shall be conducted to help a new juror or alternate juror understand issues and examined
evidences, but the court shall ensure not to make the proceeding excessively burdensome.

SECTION 3 Deliberation, Verdict, Discussion, and

Sentencing

Article 46 (Presiding Judge's Explanation, Deliberation, Verdict, and

Discussion)

(1) The presiding judge shall, upon closing of pleadings and arguments, explain to jurors in the court about essential points of prosecuted facts, applicable provisions of Acts, essential points of pleadings and arguments of the defendant and defense counsel, admissibility of evidence, and other significant matters. In such cases, an explanation about essential points of evidence may be also given, if necessary.
(2) Jurors taking part in a trial shall deliberate on whether guilty or not guilty after hearing the explanation under paragraph (1), and may deliver

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a verdict if the jury reaches an unanimous verdict: Provided, That the
jury may hear opinions of judges who take part in the trial when a majority of jurors requests to do so.
(3) If the jury fails to reach an unanimous verdict of guilt or non-guilt, the jury shall hear opinions of judges who take part in the trial before
delivering a verdict. In such cases, a verdict of guilt or non-guilt shall
be concluded by a majority decision. Judges who take part in the trial shall not participate in the verdict, even in cases where they attend the
deliberation and make statements on their opinions.
(4) If a verdict delivered pursuant to paragraph (2) or (3) is guilty, jurors shall discuss sentencing with judges who take part in the trial and shall
express their opinions. The presiding judge shall explain the extent of
punishment and conditions of sentencing before discussing sentencing. (5) No verdict and opinions under paragraphs (2) through (4) shall be
binding on the court.
(6) Documents compiled with results of a verdict under paragraphs (2)
and (3) and opinions under paragraph (4) shall be filed in the relevant trial records.

Article 47 (Confidentiality of Deliberation)

No juror shall divulge opinions of any of judges and jurors, the distribution of such opinions, and other facts, known to him/her in the course of
deliberation, verdict, and discussion.

Article 48 (Sentencing Proceedings)

(1) A sentence shall be pronounced on the proceedings in which pleadings and arguments are closed: Provided, That the date for a separate proceeding may be designated if extraordinary circumstances exist.
(2) Where a sentence is pronounced in the proceedings on which pleadings and arguments are closed, a written judgment may be prepared after sentencing.
(3) The date for sentencing proceedings under the proviso to paragraph (1) shall be determined within 14 days after closing pleadings and arguments.
(4) The presiding judge shall notify the defendant of results of the jury verdict at the time of sentencing, and shall explain, to the defendant, reasons why the sentence pronounced differs from the jury's verdict, if such is the case.

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Article 49 (Mandatory Descriptions of Written Judgment)

(1) A written judgment shall describe the fact that jurors have taken part in the trial and may include the jury's opinions.
(2) If a judgment pronounced differs from the jury's verdict, the written
judgement shall include reasons therefor.

CHAPTER Ⅴ MEASURES FOR PROTECTION OF JURORS

Article 50 (Prohibition of Unfavorable Treatment)

No one shall dismiss, or unfavorably treat, any employee otherwise on the basis of the fact that the employee serves as a juror, an alternate
juror, or a prospective juror.

Article 51 (Regulation on Contact with Jurors)

(1) No one shall make contact with a juror or an alternate juror purposely to exercise influence on a trial or obtain any confidential information that
the juror or alternate juror has acquired in the course of performing his/her
duties.
(2) No one shall get in contact with a person who has ever served as a juror or an alternate juror purposely to obtain any confidential information
that the juror or alternate juror has acquired in the course of performing his/her duties: Provided, That the foregoing shall not apply to cases where
such information is necessary for research.

Article 52 (Prohibition of Disclosure of Personal Information of Jurors) (1) Except as otherwise provided by Acts or subordinate statutes, no one shall disclose the name, address, and other personal information of a juror, an alternate juror, or a prospective juror.

(2) Personal information of a person who has ever served as a juror, an alternate juror, or a prospective juror may be disclosed, only if the person consents to the disclosure.

Article 53 (Protective Measures for Jurors)

(1) The presiding judge may, when he/she finds that a juror or alternate juror is threatened, or is likely to be threatened, to be harmed by the
defendant or any other person or when fair trial or deliberation is threatened,
or is likely to be threatened, to be obstructed, take measures for protection, separation, accommodation, and other measures necessary for the safety

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of the juror or alternate juror.
(2) The public prosecutor, the defense counsel, a juror, or an alternate juror may request the presiding judge to take measures under paragraph
(1).

CHAPTER Ⅵ RESEARCH ORGANIZATION

Article 54 (Judicial Participation Planning Task Force)

(1) The Supreme Court may have a task force for planning of judicial participation to have the task force carry out surveys and research on
the participatory trial system.
(2) The task force for planning of judicial participation shall undertake the following missions:
1. Conducting of mock trials;
2. Video-recording and analysis of participatory trials;
3. Research on investigation, defense, and trial procedures;
4. Education of legal professionals;
5. Education and public relations activities for citizens;
6. Holding public hearings and academic discussions;
7. Other activities necessary for research on the participatory trial system. (3) The organization and activities of the task force for planning of judicial
participation and other necessary matters shall be prescribed by the Rules
of the Supreme Court.

Article 55 (Committee for Citizens' Participation in Judicial System) (1) The Supreme Court shall have a committee for citizens' participation in the judicial system in order to make a decision on the final form of the participatory system through analysis on the progress of implementation of the participatory trial system.

(2) The organization and activities of the committee for citizens' participation in the judicial system and other necessary matters shall be prescribed by the Rules of the Supreme Court.

CHAPTER Ⅶ PENAL PROVISIONS

Article 56 (Solicitation of Jurors, etc.)

(1) Any person who solicits a juror or an alternate juror to grant a favor

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in connection with his/her duties shall be punished by imprisonment with
prison labor for not more than two years or by a fine not exceeding five million won.
(2) Paragraph (1) shall also apply to a person who solicits a prospective juror to grant such a favor.

Article 57 (Threatening of Jurors, etc.)

(1) Any person who threatens a juror or an alternate juror in a defendant's case in connection with the defendant's case, or a person who has ever served as a juror or an alternate juror in such case or any of his/her relatives,
by telephone, mail, interview, or other means to make him/her feel fear
or apprehension shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding five million won.
(2) Paragraph (1) shall also apply to a person who threats a prospective
juror in a defendant case in connection with the defendant case or any of his/her relatives by any means under paragraph (1).

Article 58 (Divulgence of Confidential Information by Jurors, etc.)

(1) Any juror or alternate juror who divulges confidential information known to him/her in the scope of his/her duties shall be punished by imprisonment with prison labor for not more than six months or by a fine not exceeding
three million won.
(2) Paragraph (1) shall also apply to a person who has ever served as a juror or an alternate juror and divulges confidential information known
to him/her in the scope of his/her duties: Provided, That the foregoing
shall not apply to cases where a person provides such information to give
cooperation necessary for research.

Article 59 (Giving and Receiving of Money or Goods by Jurors, etc.) (1) Any juror, alternate juror, or prospective juror who gives, receives, demands, or promises to give valuables or an interest in property in connection with his/her duties shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding ten million won.

(2) Paragraph (1) shall also apply to a person who promises to give, gives, or expresses his/her intention to give valuables or an interest in property under paragraph (1) to a juror, alternate juror, or prospective juror.

Article 60 (Fines for Negligence for Absence of Prospective Jurors, etc.)

(1) A court shall, by decision, impose a fine for negligence not exceeding

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two million won on a person who falls under any of the following
subparagraphs:
1. If a juror, an alternate juror, or a prospective juror who is summoned
for attendance fails to attend the proceedings at the designated date and time without justifiable grounds;
2. If a juror or alternate juror refuses to take the oath under Article
42 (1) without justifiable grounds;
3. If a prospective juror makes a false statement in the questionnaire for the selection of jurors or alternate jurors and submits it to the
court or makes a false statement in response to a question in the selection proceedings.
(2) An immediate appeal may be filed against a decision made pursuant
to paragraph (1).

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on January 1, 2008. (2) (Applicability) This Act shall apply to the first case prosecuted by the public prosecutor after this Act enters into force.

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