If you’re involved in a criminal trial in Korea, understanding each stage of the process is crucial for making informed decisions.  This guide, written by our experienced Korean criminal litigation lawyer, provides a straightforward overview of the key steps involved in a Korean criminal trial.  Whether you’re a defendant or simply interested in learning about the process, this guide will help you understand what to expect.

Preparation for Trial and Pre-Trial Procedures

Once the prosecutor formally charges a defendant after its criminal investigation, the Korean court sends a copy of the indictment to the defendant. 

The court will also schedule the trial date and may hold a pre-trial conference if necessary.  During this pre-trial process, the prosecutor, defendant, and Korean criminal litigation lawyer can submit their arguments and evidence plans in writing.  The goal is to streamline the key issues and clarify the arguments and evidence to be presented.

Read More: Korean Criminal Defense Attorney Explains: What Foreigners Should Know About the Korean Investigation Procedures

Submission of Opinion Statement

After receiving the indictment, the defendant and their Korean criminal attorney must submit an opinion statement to the court.  This statement indicates whether the defendant accepts or denies the charges and expresses any views regarding the pre-trial procedures.

Evidence Disclosure

Before the first trial date, the criminal defendant and their Korean criminal litigation lawyer can request access to the prosecutor’s evidence.  Under Korean criminal law, the burden of proof lies on the side of the prosecutor.

The First Day of Trial

The trial is where the judge in the criminal court hears the arguments and examines the evidence from both sides.  The first day of trial is a crucial moment where both sides present their arguments and evidence, and several important procedures take place.  The court notifies the trial date in advance to ensure both parties are prepared.

It should be noted that if the defendant admits to the charges or claims innocence but does not dispute the evidence submitted by the prosecutor, the trial may be concluded on the first day. 

The trial proceeds in the following order:

1. Identity Verification: The judge verifies the defendant’s identity by asking for basic information such as name, address, and ID number.

2. Prosecutor’s Opening Statement: The prosecutor reads the charges, the crime, and applicable laws from the indictment.

3. Defendant’s Statement: The judge asks whether the defendant admits to the charges.  Usually, the defense attorney answers on behalf of the defendant.

4. Judge’s Clarification of Issues: The judge may ask questions to clarify key issues.  Before evidence examination, both sides state their claims and evidence plans.

5. Evidence Examination: The court examines various types of evidence, such as witness testimonies, physical evidence, and documents, to determine the facts and appropriate sentence. When the defendant admits to the charges, the examination is simplified. If the charges are denied, the evidence’s credibility is scrutinized.

   For witness testimonies, the prosecutor questions their witnesses first, followed by cross-examination from the defense lawyer.  The judge may also ask additional questions.  For defendant’s witnesses, the order is reversed.
   
   

6. Defendant Interrogation: After evidence examination, the court may question the defendant regarding the charges and relevant circumstances.  However, it is common that, instead of conducting a formal interrogation, the defendant’s attorney submits a written summary of their arguments and statements.

7. Closing Arguments and Sentencing Request: After questioning the defendant and examining the evidence, the prosecutor presents their final arguments, including the recommended sentence.  The judge then allows the defendant to present their final arguments.

Conclusion of Trial and Verdict

Once all arguments are presented, the trial concludes, and the judge schedules a date for the verdict.  The verdict date is usually set about four weeks after the conclusion of the trial proceedings.  Before this date, the Korean criminal litigation attorney submits a written summary of their arguments. 

On the verdict, the judge delivers the verdict by reading the judgment and explaining the reasons behind the decision.

• Guilty Verdict: If found guilty, the sentence may vary depending on the circumstances.

  • Prison Sentence: A defendant tried without detention may be taken into custody upon sentencing, commonly referred to as “court custody.”

  • Probation: The court may delay the execution of a sentence if the defendant is deemed likely to live responsibly. This usually applies to sentences of up to three years.

  • Suspended Sentence: If the defendant shows genuine remorse, the court may postpone sentencing. If no further incidents occur during a set period, the case may be dismissed.

• Not Guilty Verdict: If there is insufficient evidence or if the conduct does not constitute a crime, the court will issue a not-guilty verdict.

Appeal

The defendant has the right to appeal within seven days of the verdict. 　Note that the official copy of the judgment must be specifically requested. 　South Korea follows a three-instance court system, allowing the defendant to appeal twice if they disagree with the decision. 　The appeal focuses on reviewing the findings from the lower court rather than restarting the entire trial process.

Conclusion

Navigating the criminal trial process in Korea can be complex, but having a clear understanding of each stage can make a significant difference. 　This guide, authored by a Korean criminal litigation lawyer, aims to help individuals understand the criminal trial process in Korea, ensuring they are informed and aware of their rights at every step.

Why Choose Us?

Our　criminal defense team has a proven track record of successfully defending foreign nationals in Korea.  We understand the complexities involved in criminal cases, especially for those unfamiliar with Korean law, and we are committed to providing the highest level of legal representation to protect your rights.

If you need assistance, do not hesitate to reach our to us by clicking the contact button below.  We are here to help you through every step of your case.  

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Because of the generality of this update, the information provided herein, which may or may not reflect the most current legal development, may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.