국민참여재판의 13년의 성과와 향후 대책- 배심원 평의와․평결을 중심으로 -

Abstract

The public participation trial system, which allows the people to participate in the trial, aim to establish a reliable juridical system thereby improving the democratic legitimacy and juridical transparency. This juridical System has been applied since 1. Jan. 2008 and 13 years have already passed, but some of pointed problems at the beginning are still unsolved. For the purpose of solving the problem the final form of the public participation trial system is submitted, but sadly in my opinion it is not enough. Fortunately, however, the government proposal is not in final form but in a tentative form. We still have time to point out and improve the problems that the participatory trial system has shown. Among the many problems that have yet to be scattered, this paper has noted the method and effectiveness of jury verdicts. The point is that the system should remove the rules for obligatory listening to judges' opinions and reasons for excluding verdicts from the jury review process, and also give legal binding force to jury verdicts. For the practical function of the participation trial, the jury verdict must be secured with practical meaning, not formal meaning, and for this purpose, the authority and responsibility of the jury must be clearly established. This will allow the public participation trial system to pass through the settlement and stage to enter the revitalization phase.