Starting this year, if a defendant fails to appear in court without a valid reason after being notified of the sentencing date, the court will proceed to issue a verdict in their absence. Additionally, the title of 'outside director' for listed companies will be changed to 'independent director,' and various measures aimed at improving judicial services, including providing court rulings in braille for visually impaired individuals, will be implemented in the second half of the year.
According to the legal community on June 30, the Supreme Court announced key judicial reforms aimed at enhancing public convenience and increasing the efficiency and fairness of judicial procedures.
The amendments encompass a range of changes, from improving criminal trial procedures to reforming corporate governance and expanding access to justice for socially vulnerable groups.
One of the most significant changes is the easing of requirements to prevent delays in trials due to defendants' absences. Under a revised litigation promotion law that took effect earlier this month, if a defendant has attended at least one court session and subsequently fails to appear without a valid reason, the trial can proceed without their testimony.
Notably, if a defendant who has been notified of the sentencing date fails to appear without a valid reason on the date of the verdict, the court can issue a ruling immediately without postponement. This is expected to eliminate the practice of defendants intentionally evading court appearances to delay sentencing.
Victims' rights will also be strengthened. Under the revised criminal procedure law, victims and others will generally be allowed to review and copy relevant documents or evidence after undergoing a preservation procedure. If the court denies this request or imposes restrictions, it must provide specific reasons to the applicant.
The corporate governance regulations that have garnered significant attention from the business and legal sectors will also undergo substantial reform. Starting July 23, the title of 'outside director' for listed companies will be changed to 'independent director.' This change aims to ensure actual independence from inside directors or executive officers.
To enhance the effectiveness of this system, the mandatory appointment ratio of independent directors will increase from one-fourth to at least one-third of the total number of directors. For large listed companies with assets exceeding 2 trillion won, at least three independent directors must be appointed, and the requirements will be more stringent to ensure a majority of the board.
From the same day, the process for dormant companies to report their business activities will be improved, allowing electronic submissions through online registries instead of requiring visits to registration offices or mail submissions.
The digitalization of judicial services and inclusive measures for socially vulnerable groups will continue. The Supreme Court plans to provide court rulings in braille formats, braille files, and DAISY (Digital Accessible Information System) files to ensure information access for visually impaired individuals.
Additionally, the burden of document submission for personal rehabilitation applicants will be significantly reduced. As of June 29, a new feature for 'electronic certificate application and attachment' has been introduced on the electronic litigation portal, allowing the submission of 13 types of documents, including local tax payment certificates and building registration documents, electronically without paper.
Starting in August, the electronic delivery and notification of rehabilitation and bankruptcy cases will expand to include key administrative agencies such as the Minister of Justice, the Financial Services Commission, and tax office heads, facilitating quicker processing.
The sentencing guidelines have also been revised to enhance the fairness of the judiciary. The newly established guidelines systematically reorganize sentencing factors to prevent the misunderstanding that bail is merely for 'victim recovery' in criminal trials.
Importantly, it is explicitly stated that if a victim receives compensation from the state, it will not be considered 'actual recovery of damages' caused by the defendant. This aims to prevent adverse effects such as surprise bail reductions through monetary compensation.
Meanwhile, the Supreme Court will host the 20th Asia-Pacific Chief Justices' Conference from September 16 to 19 in Seoul. The conference will be attended by representatives from 49 member countries in the Asia-Pacific region, as well as officials from major international organizations such as the International Criminal Court (ICC) and the World Bank (WB), to discuss the future of the judiciary and international cooperation.
* This article has been translated by AI.
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