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ACT ON CITIZEN PARTICIPATION IN CRIMINAL TRIALS

Act No. 8495, jun. 1, 2007

Amended by Act No. 10258, Apr. 15, 2010

Act No. 11155, Jan. 17, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 13762, Jan. 19, 2016

Act No. 14184, May 29, 2016

Act No. 14839, Jul. 26, 2017

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
 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"): <Amended by Act No. 10258, Apr. 15, 2010; Act No. 11155, Jan. 17, 2012>
1. Cases falling under the jurisdiction of a collegiate panel under Article 32 (1) (excluding subpargraphs 2 and 5)of the Court Organization Act;
2. Cases of an attempt of, abetment, aiding, preparation, or conspiracy to commit an offense among cases falling under subparagraph 1;
3. Cases falling under subparagraph 1 or 2, and those falling under Article 11 of the Criminal Procedure Act, which are consolidated for a 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), such case shall not proceed to a participatory trial.
 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 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 beginning after an indictment is filed and ending on the day after the closing of preparatory proceedings for a trial in any of the following cases: <Amended by Act No. 11155, Jan. 17, 2012>
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 a victim of any offence prescribed in Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is committed, or his/her legal representative does not want a participatory trial;
4. 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, if a court is to protect a victim of a sexual crime, 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. <Amended by Act No. 11155, Jan. 17, 2012>
(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) No objection may be raised against a decision made pursuant to paragraph (1).
(4) Article 6 (3) and (4) shall apply mutatis mutandis to 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 mutatis mutandis to alternate jurors, unless any of such provisions contravenes the nature 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: <Amended by Act No. 13762, Jan. 19, 2016>
1. A person under adult guardianship or a person under limited guardianship;
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: <Amended by Act No. 14184, May 29, 2016>
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;
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 reserve force who is called out for service or who performs his/her duty to receive education and training pursuant to the 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;
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, each year the head of a district court may request that the Minister of the Interior and Safety 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 certain number of prospective jurors, and forward such information in the form of an electronic file. <Amended by Act No. 11155, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Minister of the Interior and Safety shall, upon receipt of such request under paragraph (1), forward the resident registration data to the head of a relevant district court within 30 days. <Amended by Act No. 11155, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Each year the head of a district court shall prepare a jury pool list using the resident registration data.
 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 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)
(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 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), 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.
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 (1) 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
 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;
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 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.
 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 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 PENALTY PROVISIONS
 Article 56 (Solicitation of Jurors, etc.)
(1) Any person who solicits a juror or an alternate juror to grant a favor 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 (Administrative Fines for Absence of Prospective Jurors, etc.)
(1) A court shall, by decision, impose an administrative fine not exceeding 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 good cause;
2. If a juror or alternate juror refuses to take the oath under Article 42 (1) without good cause;
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.
ADDENDA <Act No. 10258, Apr. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11155, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012: Provided, That the amended provisions of Article 22 (1) and (2) shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Eligible Cases, etc.)
The amended provisions of Articles 5 (1), 9 (1) and 11 (1) shall apply to indictments filed on and after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act enters into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13762, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Incompetents, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 17, persons in whose case the declaration of incompetency or quasi-incompetency remains effective, as referred to in Article 2 of the Civil Act as partially amended by Act No. 10429 shall be governed by the previous provisions
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.