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-. During Trial.

a. An accised is entitled to a speedy and public trial.
Trials and pronouncement of judgments shall be

open to the public;. however, & trial may be closed

to the public by an order of the court when it finds

that the holding of public trial would be likely to

disturb the public peace and order or be dangerous

to public morals. (Const, Art 83).

"All defendants in criminal cases shall have the right to be tried in
public without delay unless there is proper. cause for not doing so." (Const,
Art 24) (Emphasis supplied) a The protocol of public trial must state
whether the trial was open to the public or not and the reason why it was
held -in closed session if it was not open to the public." (Code Crim Proc,
Art. 51(5)). Hearings in public trials "shall be conducted in nicaanaes

in the presence of caurt counsel for both sides, and the accused". (Code Crim

Proc, Art 275), but where a witness "cannot make a sufficient statement" in

the presence of the accused or members of the audience, the court may require
the accused and/or the audience to withdraw. (Code Crim Proc, Art 297).7°
Judgment is normally pronounced by the presiding judge (Code Crim Proc, Art
143) “in the public trial court." (Code Crim Proc, Art 42). Contravention
of the provisions relating to public trial is a specific ground for appeal
to the Supreme Court. (Code Crim Proc, Art 383(10)).

According to observers, closed sessions are encountered rarely and then
usually in cases of a lurid nature. In view of the readiness of Korean judges
to admit broadcasters and photographers to their courtrooms, Korean trials

suffer rather from too much publicity than too little.

———

24hiumne trial shall be opened to the public." (L51, Art 53(1)).

25151, art 52(1).

26» the] publicity of the trial may be suspended if it is deemed to
spoil the public order or morale." L51, Art 53(1).

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