February 20, 2024
Publication: Korean Law Times
In Korea, court opinions are generally not made public. This contrasts with the United States, where not only judgments but also indictments, submitted evidence and court transcripts can be made public. Kobre & Kim’s Seoul-based Daniel Lee, a former U.S. federal prosecutor, explains the difference when he sat down with the Korean Law Times.
Generally, U.S. courts acknowledge that the disclosure of litigation records provides an effective constraint on the abuse of judicial power, Mr. Lee explains, as well as promotes an accurate accounting of facts to the public. He adds that transparency can also help expand the public’s understanding and increase trust in the legal system.
While copious amounts of court documents are generally publicly available in the U.S., certain documents are sealed by court order, include details on grand juries and juvenile crimes, or when information is related to national security, trade secrets or ongoing investigations. Courts will maintain a balance between legal transparency and privacy protection, Mr. Lee says.