The 22nd Exchange Conference between the Korean Bar Association (KBA) and the Japan Federation of Bar Associations (JFBA) was held in Tokyo on September 20, 2008. The exchange conference has been held annually since 1987.

The main theme of this exchange conference was the National Participatory Trial System which started this January in Korea and the Saiban-in (lay judge) System to be implemented next May in Japan. Representatives from both organizations shared information and exchanged views on these systems, trial advocacy for the systems, and the duty of confidentiality of jurors/lay judges.

There are some differences between the National Participatory Trials System and the Saiban-in System. Under the Korean system:
1) a defendant may chose whether his/her case is to be examined by this new system or the conventional trail system without a jury, and
2) jurors will deliver a verdict whether the defendant is guilty or not and, if they find the defendant guilty, make a recommendation on sentencing, but their verdict and recommendation will not carry legal biding force.
However, they have an important common ground that citizens randomly selected will participate in deliberations to decide whether a defendant is guilty or not and sentencing.

A survey for those who have served as jurors in Korea showed that 97% were positive for the new system and 87% replied that they concentrated during the trials, actively raised questions, and delivered opinions while they complained about long trials (46%) and the difficulty of understanding legal terms (24%). During a media interview, they also said: "I understood the difference between public prosecutors and defense counsel," "The trial was interesting and I could concentrate and participate," and "We reached a more rational decision than one that would have been reached by just one person."

The KBA conducted a training program aiming to ensure that attorneys obtained skills for appealing to jurors, i.e., "performance skills". The exchange conference also addressed securing sufficient fees for court-appointed attorneys, the appointment of plural attorneys for participatory trials, and the establishment of an attorney system specializing in participatory trials.

Korea, like Japan, is reforming its justice system and we are facing many common issues. Participation of citizens in criminal procedures and increases in the number of legal professionals are especially pressing issues for attorneys in both countries. The JFBA believes that it is beneficial for Korea and Japan, as close neighboring countries, to continue to exchange information and views and cooperate in tackling common issues.