LEGAL DECISION-MAKING ACROSS CULTURES: INSIGHTS FROM KOREAN AND AMERICAN LEGAL PROFESSIONALS AND LAY PEOPLE

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