The Gap Between Court Sentencing and Public Legal Sentiment Can Be Resolved

On the 17th, the day of the second trial of the 'Jung-in case,' in which a child died due to abuse by adoptive parents, citizens are holding a protest demanding punishment for the adoptive parents in front of the Seoul Yangcheon District Court in Nam-gu. Photo by Jinhyung Kang aymsdream@

On the 17th, the day of the second trial of the 'Jung-in case,' in which a child died due to abuse by adoptive parents, citizens are holding a protest demanding punishment for the adoptive parents in front of the Seoul Yangcheon District Court in Nam-gu. Photo by Jinhyung Kang aymsdream@

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[Asia Economy Reporter Koo Chae-eun] A bill has been proposed to give the public an opportunity to participate in sentencing decisions, prompted by the “Jeong-in case,” in which an adopted child was abused to death. The purpose is to bridge the gap between court sentencing and public sentiment on the law.


On the 28th, Rep. Lee Gyu-min (Democratic Party, Anseong City), a member of the National Assembly’s Industry, Trade, Small and Medium Enterprises Committee, officially proposed the “Partial Amendment to the Court Organization Act” and the “Partial Amendment to the Act on Public Participation in Criminal Trials” on the 26th, containing these provisions.


The current Court Organization Act requires the Sentencing Commission to establish, revise, and disclose sentencing guidelines for crimes.


However, there are no specific regulations regarding basic data for setting sentencing guidelines, such as surveys on public perception of sentencing. The Act on Public Participation in Criminal Trials mandates the Supreme Court to establish a Judicial Participation Planning Group to conduct research and surveys related to public participation trials, but research and analysis on sentencing are not explicitly included in the group’s duties.


Under these legal circumstances, it is difficult to reflect public perception of sentencing in the sentencing guidelines, and there is a risk of a gap arising between court-imposed sentences and public perception of sentencing. Moreover, since public sentiment changes with time and circumstances, regular public sentencing perception surveys are necessary to establish fair sentencing guidelines.


Recent controversies over punishments for child abuse crimes such as the “Jeong-in case” and the “10-year-old nephew water torture case,” animal abuse crimes, and especially the “Telegram Nth Room case” have also created demand for a system to resolve the gap between court sentencing severity and public perception.


Accordingly, the proposed amendment to the Court Organization Act by Rep. Lee includes provisions requiring the Sentencing Commission to conduct at least one regular annual survey on public perception of sentencing and to use the results as basic data for establishing or revising sentencing guidelines. The amendment to the Act on Public Participation in Criminal Trials adds to the duties of the Judicial Participation Planning Group the recording and analysis of jury deliberations related to sentencing.



Rep. Lee Gyu-min stated, “With this amendment, I hope to resolve the gap between sentencing and public sentiment and to establish sentencing guidelines that correspond to the severity of crimes as recognized by our society.”


This content was produced with the assistance of AI translation services.

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