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court frequently bears little relation to law in the books. Judges and prose-
eutors are seriously overworked, and the competence of many of them is ques-
tionable. The judicial probationer status which applies during the first two
years of service hampers judicial independence, since probationers are subject
t: the approval of their seniors during such period. Bribery of both prose-
cutors and judges is common sancti ees The result is often a perfunctory
proceeding, with little or no protection to the accused, unless he or his
attorney has paid for it. Contested cases tend to drag on interminably. In-
voluntary confessions are often admitted, despite the exclusionary rule, and
illepa lly-seized evidence is accepted as a matter of course, although there is
a constitutional prohibition against illegal seizures. It is thus risky to
contest, and some ninety-eight per cent of the accused plead guilty.7?
Even the mere physical aspects of trial are offensive by United States

standards. Although it is specifically stated that accused persons shall be

free from bodily restriction in court,” 4¢ is common practice to bring detained

accused into court in prison uniform, wearing manacles, and, in a case involv-

ing several accused, tied together with rope.” In at least two of the trials

LE ,

2Ointimidation has also been attempted. Recently, several "April Youths"
were tried amd punished for threatening a judge of the Seoul District Court.

21 ode Crim Proc, Art 309.

2 const, Art 9.

2
3 According to a clerk of the Seoul District Court, who has personally re-
corded over 400 trials in the past three years.

2hoode Crim Proc, Art 280.

2onhis condition, according to observers from the Office of the Staff Judge
Advocate, Eighth U.S. Army,.who attended both regular trials and proceedings in
the Special Revolutionary Court, eontinues throughout the caurse of the trial.
An accused is unmanacled only when he takes the stand as a witness.

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