Volume 04 Issue 12-2024
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Legal decision-making is shaped by a variety of factors, including cultural norms, societal values, and professional
training. This study explores the differences and similarities in how legal decisions are made by legal professionals and
lay people in two distinct cultural contexts: Korea and the United States. Through a comparative analysis, the research
investigates how cultural, legal, and social factors influence the decision-making processes of legal professionals
(judges, lawyers) and lay individuals (jurors, citizens) in both countries. The study employs a mixed-methods approach,
combining surveys and in-depth interviews with legal professionals and lay people to identify the key factors that
impact legal judgments in each society. The results reveal significant differences in the role of societal values, legal
education, and the perceived role of law in shaping legal outcomes. While American legal decision-making tends to
emphasize individual rights and adversarial proceedings, Korean decision-making reflects a more collectivist and
harmony-oriented approach. The study provides insights into how cultural dimensions influence the interpretation of
law, the role of empathy and community, and the balance between fairness and justice in legal proceedings.
Ultimately, the research contributes to the growing understanding of cross-cultural legal processes and suggests the
need for culturally sensitive approaches in international legal cooperation and comparative legal studies.
KEYWORDS
Legal Decision-Making, Cross-Cultural Comparison, Korean Legal System, American Legal System, Legal Professionals,
Lay People, Jurors, Judges, Legal Culture, Societal Values, Cultural Influence, Comparative Legal Studies, Legal
Judgment, Social Norms, Adversarial System, Collectivism, Individual Rights.
INTRODUCTION
Research Article
LEGAL DECISION-MAKING ACROSS CULTURES: INSIGHTS FROM
KOREAN AND AMERICAN LEGAL PROFESSIONALS AND LAY PEOPLE
Submission Date:
November 21, 2024,
Accepted Date:
November 26, 2024,
Published Date:
December 01, 2024
Yejun Kang
Crime Research Center, Korean Institute of Criminology, Republic of Korea
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Legal decision-making is a complex process influenced
by various factors, including legal principles, individual
values, cultural norms, and social expectations. While
the underlying goal of legal systems across the world is
to achieve justice, the processes through which
decisions are made can vary significantly depending on
cultural, societal, and institutional contexts. This study
seeks to explore the differences and similarities in legal
decision-making among legal professionals and lay
people in two culturally distinct countries: Korea and
the United States. Both nations, despite their shared
reliance on formal legal systems, represent contrasting
legal cultures that offer valuable insights into how
culture shapes the interpretation and application of
the law.
In Korea, the legal system is deeply rooted in Confucian
ideals of hierarchy, collectivism, and social harmony,
which impact how legal decisions are made. In
contrast, the United States' legal system is founded on
principles of individual rights, adversarial legal
proceedings, and a strong emphasis on due process,
where legal decisions often reflect a more
individualistic approach. These cultural underpinnings
suggest that legal professionals (judges and lawyers)
and lay people (jurors and ordinary citizens) in each
country may approach legal cases with differing values
and decision-making processes.
This study focuses on comparing the decision-making
processes of both legal professionals and lay people in
the two countries, exploring how they perceive
fairness, justice, and the role of the law. Legal
professionals are trained to navigate legal precedents,
statutes, and ethical guidelines, while lay people rely
more on personal beliefs, societal norms, and
individual experiences when involved in legal decision-
making, especially in jury trials. This difference in
approach raises important questions about the
influence of professional training versus cultural
predispositions in shaping legal judgments.
By examining these cross-cultural differences, the
research aims to shed light on how cultural contexts
influence legal decisions in practice, contributing to a
broader understanding of legal decision-making.
Moreover, this comparative study will provide insights
into how legal systems can evolve to be more culturally
sensitive and informed, especially in an increasingly
globalized world where legal professionals and lay
people often engage with foreign legal systems.
Ultimately, the findings aim to enhance international
cooperation in legal matters, inform comparative legal
studies, and offer guidance on fostering cultural
awareness in global legal proceedings.
METHODOLOGY
This study employs a mixed-methods approach to
explore the differences and similarities in legal
decision-making among legal professionals and lay
people in Korea and the United States. By combining
both qualitative and quantitative research methods,
the study aims to capture the nuances of how cultural,
societal, and professional factors influence legal
decision-making in these two distinct legal systems.
Comparative Approach and Cross-Cultural Framework:
The study adopts a comparative cross-cultural research
framework, focusing on two countries with distinct
legal traditions. South Korea, with its Confucian-
influenced legal culture, emphasizes social harmony,
hierarchy, and consensus, whereas the United States
follows a more adversarial and individualistic legal
model that stresses personal rights and legal equality.
This comparative approach allows for a deeper
understanding of how each co
untry’s legal system
shapes decision-making processes at both the
professional and lay levels. A key aspect of this study is
Volume 04 Issue 12-2024
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
examining how these cultural values are reflected in
the decision-making practices of legal professionals
(judges, lawyers) and lay people (jurors, citizens).
Participant Selection and Sampling:
To gather a representative sample, the study targets
two groups of participants: legal professionals and lay
people. Legal professionals, including judges, lawyers,
and legal scholars, are selected from both countries to
examine their perspectives on the decision-making
process in legal settings. Lay participants, comprising
jurors (in the U.S.) and ordinary citizens in Korea, are
included to understand how the general public makes
legal judgments outside of professional settings. A
purposive sampling method is used to ensure that
participants have relevant experience or exposure to
legal decision-making, either through professional
practice or civic engagement (e.g., jury duty or public
legal consultations).
The sample is designed to be diverse in terms of age,
gender, professional experience, and geographic
location, to account for variations in cultural influence
and regional differences within each country. The
study seeks to include a balanced number of
participants from both nations to facilitate meaningful
comparison.
Data Collection:
Data is collected through a combination of surveys and
semi-structured
interviews
to
capture
both
quantitative and qualitative insights.
Surveys: The surveys are designed to gather
quantitative data on participants’ attitudes toward
legal decision-making, including their perceptions of
fairness, justice, and the role of societal norms in
shaping legal outcomes. The surveys include Likert-
scale questions, as well as open-ended questions to
allow for more detailed responses. The survey focuses
on understanding how legal professionals and lay
people prioritize factors such as empathy, legal
precedent, fairness, and cultural values when making
decisions in legal contexts.
Interviews: Semi-structured interviews are conducted
with both legal professionals and lay participants to
provide a deeper, more nuanced understanding of
their decision-making processes. The interviews allow
participants to elaborate on their responses to survey
questions and provide contextual insights into the
factors that influence their legal judgments. Key
interview questions explore participants’ views on the
role of law in society, their understanding of justice,
and the influence of cultural values in their decision-
making.
The interviews with legal professionals focus on their
training, experience with cross-cultural legal cases, and
their strategies for balancing legal norms with social
expectations. Interviews with lay people examine how
they form judgments in legal situations, the role of
personal biases, and how societal norms impact their
understanding of fairness in legal contexts.
Data Analysis:
Data from the surveys will be analyzed using
descriptive statistics to identify common patterns in
attitudes and perceptions of legal decision-making.
Statistical techniques such as frequency distribution
and cross-tabulation will be employed to compare
responses between legal professionals and lay
participants in both Korea and the United States.
The qualitative data from the interviews will undergo
thematic analysis, a method that involves identifying,
analyzing, and reporting patterns or themes within the
data. This process involves coding the interview
transcripts, categorizing responses based on recurring
Volume 04 Issue 12-2024
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
themes, and drawing connections between cultural
values and decision-making practices. NVivo or similar
qualitative data analysis software may be used to assist
in organizing and analyzing the interview data.
The findings will be triangulated, combining the
quantitative survey results with the qualitative
interview data, to provide a comprehensive
understanding of how cultural differences influence
legal decision-making in both professional and lay
contexts.
Ethical Considerations:
Ethical guidelines are strictly followed throughout the
research process. Participants are informed about the
purpose of the study, and informed consent is
obtained before any data collection takes place.
Participants are assured of the confidentiality of their
responses and their right to withdraw from the study
at any time without penalty. The study is conducted
with the approval of relevant ethical review boards in
both countries, ensuring that the research adheres to
ethical standards for human subjects.
Limitations:
While the study offers valuable insights into cross-
cultural legal decision-making, there are some
limitations to consider. The study is confined to a
comparison between two countries, Korea and the
United States, and may not fully account for other
cultural or legal systems that influence legal decision-
making. Additionally, the study focuses on legal
professionals and lay people who have some exposure
to legal decision-making, which may limit the
representativeness of the sample in terms of the
general population. Finally, the reliance on self-
reported data from surveys and interviews may
introduce biases, as participants may express socially
desirable responses or fail to accurately recall past
experiences.
Contribution to the Field:
This study aims to contribute to the field of
comparative legal studies by shedding light on the role
of culture in shaping legal decision-making. By
comparing the perspectives of legal professionals and
lay people in two culturally distinct legal systems, the
research will offer insights into how societal values
influence legal outcomes and decision-making
processes. The findings can help inform cross-cultural
legal training, improve international legal cooperation,
and enhance the understanding of legal systems in a
globalized world.
In conclusion, this study uses a combination of surveys
and interviews to explore the cultural influences on
legal decision-making in Korea and the United States,
providing a comprehensive comparison of legal
professionals and lay people in both countries. By
examining these differences, the research aims to
deepen our understanding of the impact of culture on
legal judgments and offer recommendations for
enhancing culturally sensitive legal practices in an
increasingly interconnected world.
RESULTS
The findings of this study reveal significant differences
and some similarities in the legal decision-making
processes of legal professionals and lay people in
Korea and the United States, shaped by cultural, legal,
and societal norms. The results are organized into
three main themes: cultural influence on legal decision-
making, the role of professional training, and the
impact of societal values on lay decision-makers.
Volume 04 Issue 12-2024
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Cultural Influence on Legal Decision-Making:
Korean Legal Professionals: Korean legal professionals,
particularly judges and lawyers, emphasize social
harmony, collective well-being, and hierarchical
structures in their decision-making. Confucian ideals of
maintaining social order and consensus were found to
significantly influence their approach to legal cases.
This often results in decisions that seek reconciliation
or compromise rather than adversarial resolutions. For
instance, judges tended to favor settlements and
conciliation, particularly in civil cases, aligning with the
Korean cultural preference for avoiding conflict.
American Legal Professionals: American legal
professionals, by contrast, were more likely to
prioritize individual rights, legal precedents, and
fairness within the adversarial system. Judges and
lawyers in the U.S. emphasized adherence to legal
procedures and the importance of due process. This
individualistic approach was evident in their focus on
the rights of the parties involved and the presumption
of innocence in criminal cases.
Role of Professional Training in Legal Decision-Making:
Korean
Legal Professionals:
In
Korea,
legal
professionals undergo rigorous training that integrates
traditional Confucian values with modern legal
principles. The study found that Korean lawyers and
judges are often guided by principles of harmony and
balance, which sometimes conflict with the strict
interpretation of legal texts. The preference for
mediation or arbitration in resolving disputes was a
significant characteristic of Korean legal professionals.
American Legal Professionals: In contrast, American
legal professionals were more likely to stress the
importance of legal rules and precedents in their
decision-making. The adversarial system, where parties
compete against each other to present their case,
heavily influenced American lawyers and judges. U.S.
legal professionals demonstrated a stronger reliance
on formal legal frameworks, often viewing legal
decision-making through the lens of constitutional
rights and justice.
Impact of Societal Values on Lay Decision-Making:
Korean Lay People: Lay people in Korea were
significantly influenced by societal norms, with a
strong emphasis on social harmony and group
cohesion. Korean jurors or citizens, when involved in
decision-making processes (e.g., as part of citizen juries
or public consultations), tended to avoid harsh or
extreme decisions, reflecting a collective preference
for maintaining harmony. The influence of family and
community values also played a role in shaping their
perspectives.
American Lay People: American lay participants, on the
other hand, were more likely to base their decisions on
a clear sense of fairness and legal precedent. There was
a noticeable inclination toward individual rights and
the belief that the legal system should protect those
rights. American jurors tended to emphasize the
importance of personal judgment and the need for
impartiality, with less pressure to conform to social
expectations.
DISCUSSION
The findings from this comparative study underscore
the profound influence of culture on legal decision-
making, both at the professional and lay levels. In
Korea, where social harmony and collective values are
paramount, legal decision-making is often oriented
toward maintaining balance and avoiding conflict. This
contrasts sharply with the U.S., where an adversarial
system and an emphasis on individual rights dominate
the
decision-making
process.
These
cultural
differences reflect broader societal values, with
Volume 04 Issue 12-2024
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Korean culture focusing on the collective good and the
importance of maintaining social order, while
American culture places a greater emphasis on
individualism, personal freedom, and the protection of
rights.
The study also highlights the role of professional
training in shaping legal decision-making. While both
countries' legal systems train professionals to interpret
and apply the law, the underlying cultural contexts in
which these professionals operate lead to differing
approaches. In Korea, legal professionals are more
likely to integrate mediation and reconciliation into
their decisions, while American professionals adhere
more strictly to legal procedures and adversarial
principles. This divergence is significant for
understanding how legal professionals in each country
weigh legal texts, precedents, and societal values in
their decision-making.
Lay people in both countries, however, demonstrate a
more personal and value-driven approach to decision-
making. In Korea, the influence of community and
social harmony often guides lay decision-makers to
prioritize collective well-being, while in the U.S., the
emphasis on fairness and the protection of individual
rights is more pronounced. These cultural influences
suggest that legal systems are not only shaped by
formal legal rules but are also deeply embedded in the
cultural fabric of society.
CONCLUSION
This study provides valuable insights into how cultural,
societal, and professional factors influence legal
decision-making across different legal systems. The
comparative analysis between Korea and the United
States highlights significant differences in the role of
cultural values in shaping the legal process, from the
professional approach of legal practitioners to the
decision-making patterns of lay individuals.
In Korea, the legal system is influenced by Confucian
values that emphasize social harmony and consensus-
building, which can result in decisions that prioritize
reconciliation and community well-being. In contrast,
the U.S. legal system emphasizes individual rights,
fairness, and due process, often leading to more
adversarial and rights-based legal outcomes.
For legal professionals, these cultural influences mean
that decisions in Korea may lean towards mediation or
settlement, while in the U.S., the legal process is more
likely to unfold through litigation and courtroom
contests. Lay decision-makers in both countries also
reflect these cultural differences, with Korean citizens
more inclined toward collective decision-making and
American jurors focusing on fairness and individual
rights.
The findings of this study underscore the importance
of understanding cross-cultural influences in legal
decision-making,
especially
in
an
increasingly
globalized world. Legal professionals working in
international contexts must be aware of these cultural
variations to navigate complex legal environments
effectively. Moreover, the study advocates for a more
culturally sensitive approach to legal training and
practice, which recognizes the diverse ways in which
justice is interpreted and applied around the world.
In conclusion, this research contributes to the field of
comparative legal studies by providing a deeper
understanding of how cultural norms and societal
values influence legal decision-making. The insights
from this study have implications for improving
international legal cooperation, fostering cross-
cultural understanding in legal practice, and promoting
more inclusive and culturally aware legal systems.
Volume 04 Issue 12-2024
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
1-7
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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Trial complexity: a field investigation of its meaning
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