Trial

A trial (재판/裁判) is a proceeding in which parties to a dispute - plaintiff and defendant - present information in the form of evidence before a tribunal with the authority to adjudicate claims or disputes. The trial aims to achieve a resolution to their dispute.

Key words
criminal trial, Constitutional rights, public trial, judge, prosecutor, the accused

Criminal trial
A criminal trial is to resolve accusations brought by the public prosecutor against a person who is believed to commit a crime. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the criminal defendants are protected by the Constitution and relevant laws.

Constitutional ground
Article 12 (신체의 자유, 자백의 증거능력)
 * (1) All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated unless it is so authorized pursuant to statute. No person shall be punished, subject to preventive restrictions or to forced labor unless it is so authorized by an Act or without due process of law.
 * (2) No citizen shall be tortured or be compelled to testify against himself in criminal cases.
 * (3) For arrest, detention, seizure or search a warrant issued by a judge in due process of law upon request of a prosecutor shall be presented: Provided, That in a case where a criminal suspect is an apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigation authorities may request an ex post facto warrant.
 * (4) Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act.
 * (5) No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family of a person arrested or detained and others as designated by statute shall be notified without delay of the reason for and the time and place of the arrest or detention.
 * (6) Any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention.
 * (7) In a case where a confession is deemed to have been made against a defendant's will due to torture, violence, intimidation, unduly prolonged arrest, deceit, etc. or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt, nor shall a defendant be punished by reason of such a confession.

Article 13 (형벌불소급, 일사부재리, 소급입법 제한, 연좌제 금지)
 * (1) No citizen shall be prosecuted for an act which does not constitute a crime under the statute in force at the time when it was committed, nor shall he/she be punished over again for the criminal act for which he/she has been once punished.
 * (2) No citizen shall be restricted in his/her political rights, nor be deprived of property rights by means of retroactive legislation.
 * (3) No citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative.

Article 27 (재판을 받을 권리, 형사피고인의 무죄추정 등)
 * (1) All citizens shall have the right to trial according to law by judges qualified and appointed under the Constitution and Act.
 * (2) Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea, except in case of crimes as prescribed by Act involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law.
 * (3) All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
 * (4) The accused shall be presumed innocent until a judgment of guilt has been pronounced.
 * (5) A victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as under the conditions prescribed by Act.

Public trial date
A series of public trials (공판/公判) are usually held at the court presided by a judge. In the course of public trials, the judge(es) gets convicted for or against the accused, and finally renders the decision.

As the criminal trial centers on public trials, the examination of witness shall be conducted in public trials.

Under the Criminal Procedure Act (형사소송법/刑事訴訟法), if it is deemed necessary, the court allows the examination of witness to take place prior to a fixed date for public trial (공판기일전 증인신문/公判期日前 證人訊問).

Out of the public trials, the examination of witnesses may be conducted in order
 * to preserve the evidence in advance; Article 184 (1)
 * to interrogate the evasive persons who are deemed likely to know facts indispensable for the investigation of crimes. Article 221-2