Musical actor Nam Gyeong-ju to face jury trial over sexual assault charges

Trial set for two days in November

Musical actor Nam Gyeong-ju, who faces charges of sexually assaulting a student, will stand trial before a citizen jury in November.

The 29th Criminal Division of the Seoul Central District Court held the first pretrial hearing in Nam's case Wednesday and announced that a citizen jury trial would proceed over two days — Nov. 27 and Nov. 30.

The court accepted a request from Nam's defense team, which argued that the central issue was whether a supervisory relationship existed between the defendant and the victim. "The defendant and his counsel want the case decided by jurors," the defense said.

South Korea's citizen jury system allows members of the public to participate in criminal trials as jurors, rendering verdicts and recommending sentences. Jury decisions carry no legal binding force and serve only as advisory opinions.

The victim's attorney urged caution, however, saying that in sexual violence cases the victim's wishes deserve as much consideration as the defendant's right to a jury trial. "Please weigh carefully whether to proceed with a citizen jury trial," the attorney said.

The presiding judge acknowledged that the citizen jury system has structural limitations in fully protecting victims in such cases. Still, the court sided with the defense. "For the defendant, this is a decision that affects the rest of his life," the judge said, explaining the ruling.

On the first day of trial, Nov. 27, proceedings will include the defendant's identification, the prosecution's opening statement outlining the charges, examination of documentary evidence including closed-circuit television footage and audio recordings, and questioning of five witnesses called by the defense.

On the second day, Nov. 30, the court will hear testimony from the victim, question the defendant, receive the prosecution's sentencing recommendation and the defense's closing argument, and then deliver a verdict.

The court noted that persuading the jury would be key. "Since this is a trial before jurors, how each side makes its case to them matters greatly," the judge said.

The judge added that the court intended to give both sides considerable latitude, saying it would allow a range of presentation methods as long as they did not rise to the level of insult, criticism or intimidation of the opposing party. "We would even allow a musical performance drawing on the defendant's professional background, and the same latitude would apply to the victim's side," the judge said.

Nam is accused of sexually assaulting a female student in Seocho-gu, Seoul, in December last year, exploiting his social standing and position of authority. His legal team sought to refer the case to a criminal mediation process to reach a settlement, but the attempt fell through after the victim refused.

Hongik University removed Nam from his position as an associate professor in the performing arts department in March.

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