Jury trial for conglomerates?

The Committee to Pursue the People’s Happiness under the ruling Saenuri Party is seeking to propose "economic democratization" as an election pledge. Such a promise would involve required jury trials for major economic crimes, including those implicating owner families of conglomerates. The intent is to oblige a group of ordinary people to serve as jurors in order to punish economic crimes such as embezzlement or malfeasance by the owners and leading managers of conglomerates via a jury trial. The committee said that if a perpetrator is convicted, the measure will prevent the easing of punishment. Instead, the use of parole will be heavily restricted to fundamentally prevent those convicted from dodging justice.

The jury trial was introduced in Korea in 2008 to dispel distrust in the judicial system and ensure democratic justice of rulings. The Korean judiciary adopts the principle of an application-based jury system, which a jury trial is used only upon demand by a defendant. If a jury of ordinary citizens makes a recommendation about a guilty or not guilty verdict and the severity of punishment, the court issues a ruling by considering the recommendation. Jury trials have been mostly conducted for robbery, murder or sex crimes by defendants who seek to gain more favorable rulings by appealing to the jury’s emotions. The Supreme Court made a ruling that hinted at a jury verdict having an effect going beyond a recommendation of assisting a judge in making a ruling. Thus a jury verdict is getting increasingly more binding.

On the ruling party`s idea to require a jury trial only for crimes involving big business, critics have cried possible unconstitutionality due to the possibility of infringing upon the right to a fair trial. The business community is reacting angrily to the suggestion, claiming that it aims to put entrepreneurs in a trial to punish them with the law of "public sentiment." Another criticism is that the proposal would allow witch hunts that will punish the haves merely for being rich. Still another obstacle is that a jury of ordinary citizens will lack expertise in cases of economic crimes that entail complicated corporate accounting. In the dispute over design patents between Samsung Electronics and Apple resolved in California, allegations arose of a “neighborhood verdict.” Critics said the jury of American citizens ruled in favor of Apple due to patriotism.

In her acceptance speech as the ruling party`s presidential candidate, Park Geun-hye said, “I will ensure that the rich and powerful who are implicated in corruptions using their power will face heavier punishment.” The food chain of ties between politicians and businesses, the judiciary and businesses, and the public sector and companies must be eradicated. Just like irregularities committed by big business groups, influence-peddling by politicians should also be sternly punished. The proposal to impose on conglomerates the toughest standards while avoiding a suggestion to have corrupt politicians face trial by jury sounds no different from the pledge of “reform except me.”

Editorial Writer Park Yong (parky@donga.com)