'Nam Kyung-joo faces jury trial over alleged sexual assault of student' — "Musical defense" allowed

Fighting charge of sexual intercourse with a person under his supervision while suspended as a Hongik University associate professor

Unusual courtroom defense anticipated — Which way will jurors vote?

Musical theater actor Nam Kyung-joo, indicted on charges of sexually assaulting a student, will appear in the defendant's seat at a "citizen-participation trial" in November. The court has indicated that it will broadly guarantee both the defendant's and the alleged victim's rights to defend themselves and present testimony, even allowing a "musical defense" drawing on their professional background. The unusual prospect has drawn attention both inside and outside legal circles.

The Seoul Central District Court's Criminal Division 29, headed by Chief Judge Eom Ki-pyo, decided during the first preparatory hearing in Nam's case on the charge of "sexual intercourse with a person under supervision" on the 26th to hold the citizen-participation trial over two days, Nov. 27 and 30. The decision came after Nam's side strongly requested that jurors directly determine whether a teacher-student relationship involving protection and supervision existed.

The alleged victim's attorney objected to the citizen-participation trial, citing the vulnerability of victims in sexual violence cases. But the court overruled the objection, acknowledging the system's structural limitations while taking into account that the case involves a decision with potentially lifelong consequences for the defendant.

The trial's biggest point of interest will be the unconventional methods used to persuade the jurors. The court plans to allow a range of defenses as long as they do not involve insults or threats directed at the opposing party. In an extreme example, it left open the possibility that either the defendant or the alleged victim could give testimony in musical form, drawing on their professional expertise. The jury's verdict will not be legally binding but will carry "advisory effect" and influence the court's decision.

The first day of the main trial, Nov. 27, will move swiftly from identification of the defendant to opening statements, examination of documentary evidence and questioning of five witnesses. On Nov. 30, the court is expected to hear testimony from the alleged victim, question the defendant, hear the prosecution's sentencing recommendation and issue its final verdict.

Nam is accused of sexually assaulting a female student in December last year in the Seocho district of Seoul, allegedly exploiting his social status. Shortly after the incident, Nam's side sought a settlement through criminal mediation, but the effort collapsed after the alleged victim firmly rejected it. Hongik University previously took the decisive step of relieving Nam of his position in March while he was serving as an associate professor in the School of Performing Arts.