전관예우 해결 방안에 관한 입법적 고찰 -개업제한과 취업심사확대, 변호사단체의 역할 강화를 중심으로-

Abstract

In the meantime, ‘the privilege of ex-judge or ex-prosecutor problem’ was criticized as the fundamental cause in hindering the fairness of the judicial system, possession of the state power, principle violation of the constitutionalism and democracy, distortion in judicial service market, incurring of unreasonable large amount of legal fee and the other problems. Above all, it has received a lot of criticism because it was the fundamental cause of the general public mistrusting the judicial system. In attempt to solve the problem, for more than a decade, many counterplans have been suggested, such as improvement of human resource system in the court and the prosecution, restriction on case accepting, increasement of the participation of the public in judiciary matters while decreasing the discretionary authority of judge and prosecutor, fundamental improvement of judicial personnel administration system through unification of judicial officers and introduction of competition system by reinforcement of lawyers. However, these suggestions were indirect and as a result, not many changes were expected by them. Therefore, fundamental remedy needs to be considered, such as restricting the opening of law offices by senior law officers/prosecutors including supreme court judge, chief justice and the public prosecutor general as well as expanding the application of the public servant’s ethics on the employment screening system is required. Also, it is necessary to establish a systematical basis for lawyer groups to keep in check the privileged judge or prosecutor turned lawyer problem. For the general public to recover the trust of the judiciary system, ‘strong’ legal sanction is inevitable.