If you have ever attended your first criminal trial in Korea, you may have seen the prosecutor walk into the courtroom carrying a thick file.
You might have wondered: “Is that all about my case? Has the judge already read everything? Does that mean the judge already has an opinion before hearing me?”
At the first trial date, you may also hear the judge ask whether you “agree to the evidence.”
For many people, especially those without legal training, this can be puzzling.
To understand this, we need to talk about two key concepts in Korean criminal law: the Separate Evidence Submission System and the Indictment-Only Rule—both part of the bigger principle called Trial-Centered Proceedings.
These rules are designed to make sure judges form opinions only after hearing everything in court, not before.
The 2007 Reform: Focusing on the Courtroom
In 2007, Korea revised its Criminal Procedure Act to strengthen trial-centered proceedings.
Before the reform, prosecutors submitted all investigation records to the court before the first hearing.
Judges would read them in advance, which may cause the court to create presupposition on the case even before the trial began.
The Separate Evidence Submission System
Around 2006, the Supreme Prosecutors’ Office adopted the Separate Evidence Submission System nationwide.
Under this system, when the prosecutor files charges, they submit only the indictment—a short document stating the alleged facts of the case.
They do not submit other investigation records or evidence at that stage.
Instead, evidence is introduced later, during the trial, in front of the defendant.
This ensures that the judge hears the context directly in the courtroom.
The Indictment-Only Rule
The Indictment-Only Rule means that when the prosecutor files the indictment, they cannot attach Documents or any other Articles that may cause the court to create presupposition on the case.
In simple terms: only the indictment goes to the court at first, and nothing else that might influence the judge’s thinking ahead of the trial.
Why This Matters
By keeping most evidence out of the court’s hands until the trial, the system makes sure that the verdict is based on what happens in the courtroom—live testimony, cross-examination, and arguments—rather than on unseen paperwork.
It also changes the way prosecutors work.
If a defendant denies the charges in court, even if they confessed during the investigation, the prosecutor should bring fresh, convincing evidence to trial.
Trial-Centered Proceedings in Action
The principle of Trial-Centered Proceedings means that the judge’s decision must be based on what is directly heard and seen in the courtroom.
It reduces the weight of investigation-stage documents and increases the importance of courtroom statements.
As a result, irrelevant or unnecessary evidence is not submitted unless it is directly related to the charges.
Only evidence that has been shown and accepted in court is considered valid for judgment.
These rules might seem like minor procedural details, but they are powerful protections for fairness in criminal trials.
They ensure that the judge’s opinion is formed in the courtroom—not from files read beforehand.
So, if you ever find yourself in a Korean criminal trial and the judge asks about agreeing to evidence, remember: this process exists to protect your rights and prevent early presuppositions about your case.
