Views mixed on holding jury trial for ferry case

Opinion is divided on whether to apply the jury system to the upcoming court proceedings of the Sewol ferry’s crew members, who are accused of abandoning more than 300 passengers to drown as the ship sank off the south coast last month.

Those favoring a jury trial say the magnitude of the accident requires a transparent legal review, while those in disagreement say public opinion is already prejudiced against the defendants, preventing an objective trial.

“We cannot allow the Sewol victims to have died in vain,” said a legal professional who declined to be named.

“Disclosing all the evidence, documents and court proceedings to a jury representing the citizenry is one way to heal the scars the sinking has left on our society.”

But it remains uncertain if jurors will hear the case, as current laws require defendants to agree to a jury trial.

“Even though I personally agree that the crew should be punished by a jury, I would not try to persuade (the defendants) into giving their consent to such a trial if I were their representative in court,” said an attorney who has much experience as a state-appointed lawyer.

Citizens also saw a conflict between public representation by jury and the possible bias that could entail.

“This is an incident the whole country is wrapped in. I think a jury trial would allow the case to be heard widely and fairly,” said Choi Gang-ho, a college student in Seoul.

On the other hand, Kim Jae-joon, a Seoul citizen, said he thinks Koreans are very sensitive to media reports. “With all the negative coverage against the crew, I don’t think the jury would believe any evidence that somehow exonerates the crew, if it ever came to light.”

Under the Act on Citizen Participation in Criminal Trials, juries do not have binding verdicts, and their decisions must be unanimous. If the jury fails to reach a unanimous conclusion, judges explain their legal opinions to jurors. The jury then reaches a verdict on the basis of a majority vote.

Jury decisions have caused controversy when verdicts conflict with public opinion. Amendments to related laws are still pending at the National Assembly.

Prosecutors indicted the Sewol’s captain Lee Joon-seok on Thursday along with three of his former crew members for homicide while 11 other crew members were charged with death by negligence and violation of the Rescue and Aid at Sea and in the River Act. Lee could face the death penalty.

By Jeong Hunny ()