The Role and Continual Responsibilities of the Korean Sentencing Commission Towards Successful Sentencing Reform

Abstract

Fifteen years after the sentencing guidelines system was first introduced in Korea, sentencing guidelines have been set for most major crimes and the compliance rate has proven to be high. The Korean Sentencing Commission adopted the gradual approach in designing the guidelines and has worked to enhance the objectivity of the sentencing guidelines by way of quality evaluation of the sentencing factors. It appears that at present the sentencing guidelines system has been firmly implemented into the justice system. However, for sentencing reform to be successful, the Sentencing Commission must be faithful to meet its perennial responsibilities. These responsibilities include but are not limited to consistently designing and revising the guidelines, more evidence-based monitoring of compliance to and the effects of the guidelines, making public and educating others about the sentencing guidelines, providing access to the disclosure of sentencing information, and establishing sound sentencing policies with an emphasis on very important issues such as pertaining to corrections. To that end, the Commission should operate an empirical data based sentencing guidelines system by way of collection and analysis of high quality sentencing data. Abundant and sound data will provide for a better sentencing data base and a sentencing information system which will in turn be pivotal in achieving a higher level of research and education. These tasks will perforce require cooperation between various criminal justice organizations. Unfortunately, the Korean Sentencing Commission’s on-going operations have not reached an optimal level in collecting qualified sentencing data to ensure the implementation and adherence to the guidelines nor effectively researching sentencing policies. Contrary to the original intent of the establishment legislation, the Sentencing Commission has operated as a mere branch under the jurisdiction of the Korean Supreme Court and has focused most of its attention to the promulgation of various individual guidelines. The Sentencing Commission must be treated as an independent and specialized entity to ensure successful implementation of its continual responsibilities. The goal of sentencing reform can only be attained by the ongoing efforts of the Commission and its willingness to work towards this common end.