법정에서의 구술심리 현황과 활성화 방안

Abstract

According to a lawyer survey conducted by the author, it was possible to divide the different opinions of the lawyers regarding in-court oral argument into two categories. One group of lawyers said that although they want to make oral argument actively in court, the court is not awarding enough opportunity. The other group said that the court is forcing them to make oral argument when they do not want to make them. The lawyers have different thoughts about oral argument because their personalities, the circumstances they work in, and the cases they handle are different. The important thing is that the court should provide the lawyers who want to make oral argument enough opportunity. If it is true that oral argument provides positive effect in trial proceedings, the lawyers who make good oral arguments will succeed in legal society, but the lawyers who cannot make good oral arguments will not be able to play leading roles. It is up to the lawyers to choose to make oral argument, and the court should give enough opportunity to the lawyers who choose to make oral argument. Since each court has its own way of leading oral argument at present, the court should provide guide to the parties on how to prepare their oral arguments. Moreover, there are things to be changed or improved in Korean trial practice in order to encourage oral argument. Trial must be concentrated into one to two days, leading questions in witness examination should be limited, and court record should contain exact content of the oral argument. Also, more time for each trial hearing should be provided by increasing number of judges and court employees. Oral argument provides procedural satisfaction to the parties and helps to reach a conclusion through finding of facts. In order to achieve these objectives through oral argument, prosecutors, attorneys, judges and court staff must cooperate and work together. The author hopes that the new law school system in Korea helps the future lawyers to improve their oral presentation skills and to have positive attitude about making oral argument in court.