Nam Kyung-ju to Face Korean Jury Trial in Student Rape Case; Court Says Musical Performances Would Be Allowed

[Financial News] Musical actor Nam Kyung-ju, who was indicted on charges of raping a student, will face a Korean jury trial in November.
According to the legal community on the 26th, Criminal Division 29 of the Seoul Central District Court, presided over by Presiding Judge Eom Ki-pyo of the Seoul Central District Court, held the first pretrial hearing in Nam's case on charges of sexual intercourse with a person under his supervision and decided to conduct a Korean jury trial over two days, on Nov. 27 and 30.
A Korean jury trial is a system in which citizens participate in criminal trials as jurors and offer opinions on guilt and sentencing. The jury's views are not legally binding and carry only advisory weight.
The court accepted Nam's request for a Korean jury trial. Nam's lawyer said, "The influence he supposedly had in the musical industry is vague and abstract," adding, "We plan to focus our argument on whether he was in a position or relationship that could have affected the victim."
The defense intends to dispute whether the charge of sexual intercourse with a person under one's supervision is legally established. The offense applies when someone uses deception or force to have intercourse with a person under their protection or supervision through a work or employment relationship. Even without assault or threats, punishment can still apply if the person used influence arising from that protective or supervisory relationship.
The victim's lawyer, however, said that victims' wishes should also be respected in sexual violence cases and asked the court to carefully consider whether to proceed with a Korean jury trial.
In response, the court said, "A Korean jury trial has structural limitations in that it cannot fully protect the victim," but added, "For the defendant, this is also a decision that will affect his entire life, so we will accept the defense's position and proceed with a Korean jury trial."
The court continued, "Because a Korean jury trial is a trial before jurors, how to persuade them is important," and explained, "As long as it does not amount to insulting, criticizing, or threatening the other side, I am willing to allow various methods."
It also emphasized, "In extreme terms, I would even allow him to perform musicals by using his major, and the same goes for the victim."
The trial will be held over two days. On Nov. 27, the first day, the court will review the defendant's identity, hear statements from both the prosecution and the defense, examine documentary evidence such as CCTV footage and audio recordings, and question five witnesses requested by the defense. On Nov. 30, the second day, the court will hear testimony from the victim, question the defendant, receive the prosecution's sentencing request, hear the defense's final argument, and then deliver its ruling.
Nam is accused of sexually assaulting a female student in Seocho District, Seoul, in December last year by abusing his social status and other advantages. His side reportedly asked prosecutors to refer the case to criminal mediation in an attempt to reach a settlement, but the effort fell through after the victim refused. Hongik University suspended Nam, an associate professor in the School of Performing Arts, in March.
[email protected] Sung Min-seo Reporter