The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.

1. We examine ex officio the infringement of the right to a national participatory trial.

A. A. The citizen participatory trial implemented under the Act on Citizen Participation in Criminal Trials (hereinafter “Act”) is a system introduced to enhance democratic legitimacy and trust of justice (Article 1 of the Act). Any person has the right to a citizen participatory trial under the conditions as prescribed by the Act (Article 3(1) of the Act). In principle, a case subject to citizen participatory trial under the Act shall proceed according to the citizen participatory trial procedure. However, if the defendant does not want participatory trial or the court makes a decision of exclusion due to a reason as prescribed in subparagraphs of Article 9(1) of the Act, the citizen participatory trial shall not be held exceptionally (Articles 5(1) and 5(2) of the Act). If a case subject to citizen participatory trial is instituted, the court must confirm the defendant's participatory trial by way of document, etc. (Article 8(1) of the Act). The court shall also reverse the citizen participatory trial procedure's ordinary participatory trial without notifying the defendant of his/her desire to participatory trial (Article 8(1) of the Act) of the Act).