日本의 檢察審査會制度에 관한 考察

Abstract

The Prosecution Review Commission system is a system that was made in Japan where prosecution monopolism and prosecution opportunism are acknowledged for prosecutors' exercise of the right of arraignment in the fear of occurrences of problems in connection with the people's trust in the criminal judicial system such as the problem of infringement of victims' basic legal rights resulting from the extensive right of discretion of prosecution in Japan and the issue of the fairness and equity of the prosecutory authorities in order to have general people participate firsthand in the criminal judicial system and recognize legal binding power of the people's participation. Unlike the system for applications for adjudication in our country that allows stakeholders to request the court to judge on the possible illegality or unjustice of prosecutors' non-prosecution dispositions, this can be seen to be a unique control system that allows general citizens to judge on the possible illegality or unjustice of prosecutors' non-prosecution dispositions. Since it seems very irrational to introduce the Prosecution Review Commission system that gives legal binding power to general citizens' opinions as it is into our country's criminal action procedure, it will be desirable to introduce the system itself after customizing it to suit our country's reality. If the court and the Prosecution Review Commission for cases of application for adjudication are appropriately operated together in cases of application for adjudication among the systems for the citizens' participation in the judicial system that are currently tested by the prosecutory authorities, it seems like that the transparency of the prosecutory authorities will be secured as citizens will participate firsthand in judicial making and thus the distrust in the prosecutory authorities to date will be converted into trust.