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Shit, does this mean I take Jun Yeo-oks money, too? One commentor might believe this makes me no better t [...]

PS - Mr. Carr, New york City has a 58.7% conviction rate for felonies.(http://criminaljustice.state.n.....os/nyc.htm)

I’m not an expert on this subject so all I will say is that if I were innocent of a crime and had to go to court to prove it, I would rather be in NYC than Seoul.

Now, it goes without saying that prosecutors generally tend to indict only those people whom the prosecutors believe (i) have committed the crime and (ii) can be convicted. So conviction rates are high regardless.

I can add only a little more. In Japan, the conviction rate for people who are arrested and brought to court is something in the neighborhood of 97%. This is just about the same in Korea. In Confucian culture, being brought to court IN ITSELF proves youre already guilty. In this tradition, courts are thought of as places for punishing the guilty rather than hashing out facts to see how justice would best be served. In fact, the Korean word for law, pup/peop, comes from a classical chinese character that is translated as something like “horrible tortures,” so that might help give you an idea of where Confucian cultures come from in their jurisprudence.

Note: The above tidbit on Prof Hodges comment came to me by way of a conversation with Prof Gari Ledyard last year, noted Korean Studies historian, and it is not the mere invention of an amateur internet historian (like myself).

My students at Korea University probably thought that I was some sort of expert, but actually, I knew very little. I probably now know about 500 percent more.

Brendon, I’ll bet that Sugar is a historian rather than a legal scholar because he also knows a lot about the Islamic tradition. (Or is he an expert in Islamic law? Sugar — are you?)

Anyway, we have several experts here on Korea and the legal system, so let me pose a question. I read in a post somewhere on one of these blogs (not the Marmot’s) that in the Korean legal system, no one is ever completely innocent. Now, I realize that this is an exaggeration, but there seems to me to be some element of truth in it. In traffic accidents, for example, people are often judged partially responsible even when (from my perspective) they were completely innocent. For this reason, I refuse to drive in Korea despite my wife’s urging.

Anyway, I wonder if this tendency has some connection to the difference between a guilt and a shame culture. People arrested in Korea hide their faces. Now, this must be due to shame because in a guilt culture, hiding one’s face would be interpreted as a sign of guilt. But in Korea, if a Westerner is arrested and acts like a typical Westerner in loudly maintaining innocence, then Koreans seem to have the impression that the person is ‘guilty.’ But I don’t think they are using the category of guilt; I think they’re concluding that the person is shameless and therefore a bad person.

So, the Korean legal system may be based (partly) on the German one, but the cultural assumptions are totally different. Legal systems everywhere are used for social control, but those developed in the West are grounded in assumptions (probably theological ones, ultimately) about guilt that are not shared by Koreans. Traditionally, shame has been used in Korean (and Japanese and Chinese) culture for social control, and the legal system had perhaps traditionally reflected this.

The increasing role of Christianity in Korean society might be transforming the culture from a shame one to a guilt one, but I see this as happening only gradually. Most Korean Christians seem to me to be susceptible more to shaming than to guilt tripping.

I realize that I’m making a lot of generalizations here, but don’t focus too much on the specifics. What I’m wondering is if I’m generally correct. Do notions of shame pervade the Korean legal system, and if so, does this account for the way that the system is used in Korea?

Any comments?

Jeffery Hodges