국민참여재판 도입에 따른 형사공판 절차의 변화

Abstract

The alteration of crimimal trial procedure by adopting civil participation trial Park, Soo Hee Understanding and confidence of people about criminal justice could be enhanced as a result of adopting civil participation criminal trial in which layman as a juror participate in trial and sentencing processes. This civil participation criminal trial is the Korean jury system that combined and amended jury system and lay judge system. The criminal procedure altered by adopting civil participation criminal trial could be summarized in five great changes. First, concentrated trial principle was declared directly in the clause 2 of the article 267 2 of criminal procedure law. Second, the pretrial procedure was adopted. The purpose of this procedure should be to enable each parties to prepare issues of case and evidence and to plan for proving evidence in advance, in order to try intensively and promptly in trial. Third, beginning procedure in trial is strengthened in order to enable jury to understand the charge, the issues of case, the plan for proving evidence definitely at the opening procedure. Forth, because rather than factual report that produced at the investigation level evidentiary discovery must be focused on the goal of anticipated testimonies of witness at the trial stage, testimonies of witness became more important evidence method. As the jury bring in a verdict by means of witness interrogation within the court, the implementation summons and compulsory attendance of witnesses must be adequately enforced and fair and efficient witness interrogation should be promoted. Fifth, there were many changes in method of contentions and arguments, particularly the system of contention and arguments projected toward the bench was changed to a system where the parties are presenting their cases to the jury in a lucid way that is easy for the jurors to comprehend. To persuade the jury, usage of legalese that a lay person could understand must be implemented, and multimedia and various communication devices and mechanisms must also be put in place in court for the jury.