Court Recording Methods and Their Implication on Criminal Trial Procedure: Focusing on Digital Audio Recording Models Potential to Facilitate Concentrated-Hearing in Korea

Abstract

Three new models of court recording system (Computer-Assisted Transcription Model, Digital Audio Recording Model, and Video Recording Model) have emerged in the U.S. in response to the inherent shortcomings of the traditional transcript. Among those, the Korean Supreme Court in 2015 partially adopted the Digital Audio Recording Model with the hope to further galvanize the movement toward courtroom-oriented judging envisioned in the 2007 revision of the Korean Criminal Procedure Act. This article accounts for different ramifications of the new models on criminal trial procedure. And through the comparative analysis of the hybrid structure and the current practice of the Korean criminal trial, the author argues that while the entrenched discontinuous hearing is negating the positive effect of the adoption, still the audio recording can be utilized as an avenue for vitalizing concentrated hearing set forth in the 2007 revision by alleviating judges burden on court-record-production and discouraging trial participants from relying on written records. The author also argues that the Video Recording Model is worth exploring not only for its conduciveness to appellate review, media communication and education within the judiciary, but also for its capability to encourage vigorous in-courtroom advocacy which is the essential prerequisite for courtroom-oriented judging.