| 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). |