Reform of Korea's judicial system (I).

(From The Korea Herald)

By Kim Pyung-woo What is causing the outcry? How does Korea's judicial system differ from other nations, and what can be done to address the concerns being expressed? In the leading nations of Europe, including France and Germany, a bureaucratic judicial system exists under which the state selects would-be judges and prosecutors through national examinations. Once they are appointed, judges and prosecutors are guaranteed a high professional status and are given the job security to serve for their entire working lives. Japan also adopted the continental judicial system during its Meiji Reform. Under the bureaucratic judicial system, judges can make independent and impartial decisions because they are ensured their professional status. Also, the lifetime employment of judges leads to a high degree of specialization. Both these factors ensure the authority and prestige of the courts and the public's confidence and faith in the judicial system. By contrast, in the United States and United Kingdom, judges and prosecutors are chosen from among knowledgeable and experienced judges and lawyers either through direct election by the public or appointments by elected representatives. Most judges and prosecutors can be periodically replaced based on an evaluation of their ability and aptitude. This ability to replace judges and prosecutors guarantees the democratic nature of the judicial system.

The system in Korea ...