합리적인 사법제도 구현방안

Abstract

A judiciary in the order of rule of law country shall be responsible for judging what the law is and declaring it, and a national agency of power shall be justified by the people's support and trust in a democratic country. In this respect, the judiciary compared to the parliament and administration cannot ensure a democratic legitimacy through the people' election, so we can tell that the legitimacy of judicial power is more likely to rely on the people's trust. Thus, in order to ensure the legitimacy and receive the people's trust, the judiciary should maintain the independence and neutrality which are not subject to the political majority, and it also should only be restrained by the law without being influenced by the political and economic power. The core of judicial trust is the people' trust that everyone receives a fair opportunity and is equal before the law regardless of political, economic, and social winner or loser. The fact that the judicial reform is still an important ongoing task proves that the people's distrust on the judiciary and also means that it is hard to obtain the people's trust by the current judicial system and its operation. However, when they have any conflict or dispute, people still rush to the court because they still believe that the judiciary is the last bastion for realizing the justice and revealing the trust despite the fact that the distrust of judiciary is still high. Although the situation that the reality of judicial excess and surplus of judicial proceedings still exists despite the distrust of judiciary is indeed ironic, the qualitative diversification and quantitative increase of disputes and conflicts request changes and increase the judiciary's roles and duties. Accordingly, the trial does not only stay in the relief of individual rights but also the result of trial affects the entire community and our country. To provide true judicial services to the people, the consumers of judicial services, what kinds of plans are necessary for fairly and faithfully handling the cases that truly needs the trial should be agonized all the time. Accessibility to the court is superior than any other country in the aspects of cost and time, so making the system which can expand the opportunity of judicial service should no longer be considered. Instead, for the realization of the rational judicial system for the people, the plan should be designed to make an alternative dispute resolution possible and to allow the lawsuit to be completely done through the first trial in faithful progress. Ensuring the right to have trial by appealing to the supreme court, the highest judicial institution, shall cause an enormous social cost and lead to the distrust of judiciary. Thus, a democratization of the judiciary and the people's judicial participation should be expanded, and the subjects using the judicial system like litigant party, political community, media, etc. should be able to use it rationally. In addition, the rationally designed judicial system shall be able to function well as the plan which can prevent the judicial system from being abused in the name of the fundamental rights for the people.