Improvement of the Citizen Participation in CRIMINAL Trial in KOREA
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참고문헌
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초록
According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Participation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punishment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.
Abstract
According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Participation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punishment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.
참고문헌 (9)
- 김병수, "국민참여재판의 중간평가", 형사정책연구, 21(3), pp.311~348 (2010), 한국형사정책연구원
- Cho IH, "Die Untersuchung uber das koreanische Geschworenensystem und die Befugniss des koreanischen Geschworenen -Besonders die Moglicherweise Grunde fehlerhafter Entscheidungen", Korean Journal of Comparative Criminal Law, 15(1), pp.259~290 (2013)
- 이성기, "「국민의 형사재판 참여에 관한 법률 개정안」에 대한 비판적 검토", 형사법연구, 26(3), pp.255~280 (2014), 한국형사법학회[DOI]
- 김병수, "국민참여재판 최종형태에 관한 비교법적 고찰", 형사법연구, 26(3), pp.229~253 (2014), 한국형사법학회[DOI]
- 2008-2011 Analysis of the Citizen Participation Trial Performance, "Court Administrative Office", ~ (2012)
- "DOJ, Notice No.2013-221" (2013)[URL]
- "DOJ, Notice No.2013-288" (2013)[URL]
- 김봉수, "국민참여재판 최종형태에 대한 비판적 고찰", 형사법연구, 26(4), pp.165~180 (2014), 한국형사법학회[DOI]