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Regulation against Peace Breaking Behaviors within the Court Room and Court House focusing on the Contempt of Court

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(1), pp.203-240
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Jongho Kim 1

1호서대학교

ABSTRACT

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Contempt of court is essentially seen as a form of disturbance that may impede the functionality of the court. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon his agreement to fulfill the wishes of the court. A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. The contempt of court may classified as different standards. (i) Criminal contempt includes anything that could be called a disturbance such as repeatedly talking out of turn, bringing forth previously banned evidence, or harassment of any other party in the courtroom. (ii) Civil contempt can involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge. (iii) Constructive contempt, also called consequential contempt is when a person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt because of its passive nature. (iv) Direct contempt is an unacceptable act in the presence of the judge (in facie curiae), and generally begins with a warning, and may be accompanied by an immediate imposition of punishment. (v) Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he or she will be punished. In civil cases involving disputes between private citizens, the behavior resulting in the ruling is often directed at one of the parties involved rather than at the court directly. A person found in contempt of court is called a “contemnor.”To prove contempt, the prosecutor or complainant must prove the four elements of contempt: (i) Existence of a lawful order, (ii) The potential contemnor's knowledge of the order, (iii) The potential contemnor's ability to comply, (iv) The potential contemnor's failure to comply. Ringtone or yawning in some cases can be considered contempt of court. The contempt of court has a significant impact on journalism in the form of restrictions on court reporting which are set out in statute in the UK and U.S. In Korea, a peace in the court room and court house is broke very often by the person who has case or petition. However, the Korean court and judges have been reluctant to apply contempt of court because no statute prepared so far. Therefore, this works argued whether Korean judicial government may adopt contempt of court as a protection scheme for the court house as well as court room and judges. Hopefully, follow-up study in favorable opinion should be add on my argument.

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