독일에서의 법관에 대한 직무감독권의 내용과 한계

Abstract

Ensuring the independence of judges is a prerequisite for the judiciary to realize the freedom and rights of the people based on the trust of the people. The independence of judges should be guaranteed within the judiciary. Therefore, the duties supervisory authority of the judicial administrator should be exercised to the extent that it does not infringe on the independence of judges. Currently, there is little comprehensive and systematic research on the contents and limitations of the duties supervisory authority of the judicial administrator for judges in Korea. On the other hand, Article 26 (1) of the German Judiciary Act stipulates that “a judge is only supervised within the limits of his independence,” explicitly defining the independence of judges as a limitation of duties supervisory authority. As a result, research and precedents related to the content and limitations of duties supervisory authority are accumulated in Germany. Therefore, it is necessary to look at discussions on the contents and limitations of duties supervisory authority for judges in Germany. First of all, this paper(II) describes the significance of the duties supervisory authority in the German Judiciary Act and the independence of judges as a means and limitation of the duties supervisory authority. Based on this, the paper(Ⅲ) studies the basic position of the Federal Court of Germany on the limitations of the duties supervisory authority and the range and limitations of the duties supervisory authority through individual cases. In the paper(Ⅳ), the limitations of Evaluation of judicial performance based on the duties supervisory authority are studied. Finally, the paper(Ⅴ) looked at the redemption of judges’ rights to the disposition of the duties supervisory authority under the German Judiciary Act. In order to secure judicial trust and realize a good trial through guaranteeing the independence of judges from within the judiciary, the independence of judges should not be violated from duties supervisory authority. Germany not only defines the independence of judges as a legal statement as a limitation of the exercise of job supervision, but also expands the scope of judicial relief against illegal exercise of duties supervisory authority. In Korea, there are no established precedents or theories on the specific scope and limitations of which duties supervisory authority are allowed. Therefore, it is necessary to establish specific criteria for the exercise of duties supervisory authority by referring to the relevant discussions in Germany. Furthermore, there is a need for discussions on official remedies related to the infringement of judges’ independence due to duties supervisory authority, referring to the case in Germany.