A constitutional complaint filed by civic group and political party officials charged with violating the National Security Act, including the ‘Changwon Spy Ring Case,’ claiming they were denied the right to a jury trial, was dismissed.
Chief Justice Lee Jong-seok of the Constitutional Court and the justices are seated on the 25th in the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, for the ruling on the unconstitutionality trial and constitutional complaint. [Photo by Yonhap News]
According to the legal community on the 10th, the Constitutional Court unanimously ruled on the 25th of last month that Article 9, Paragraph 1, Subparagraph 4 of the Jury Trial Act is constitutional. Article 9, Paragraph 1, Subparagraph 4 of the Jury Trial Act stipulates that "the court may decide to exclude a jury trial if it deems it inappropriate."
Earlier, in April of last year, four members of the National Democratic United Front, identified as the Changwon Spy Ring, requested the Seoul Central District Court to allow them to have a jury trial during their first trial. However, the court decided to exclude the jury trial.
Three others, including Kang Eun-ju, former Jeju Provincial Committee Chairperson of the Progressive Party, who was indicted for forming the pro-North Korean organization ‘ㅎㄱㅎ’ in the Jeju region, also applied for a jury trial on similar grounds in April last year, but their requests were denied.
They appealed the court’s exclusion decision, but the Supreme Court ultimately dismissed their appeals. When the court also rejected their request for a constitutional review, they directly filed a constitutional complaint with the Constitutional Court.
The Constitutional Court ruled that "the right to a jury trial does not fall within the scope of the right to a trial protected under Article 27, Paragraph 1 of the Constitution."
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