국민참여재판제도의 효과적 정착을 위한 입법적 제언

Abstract

Since the citizen participation trial was enforced in 2008, problems ofthis system such as scope of case, jury selection, methods andeffectiveness of juries’ discussion and decision permission of appeals aboutcitizen participation trials were consistently pointed out. Thus, civicparticipation in criminals trials act took these matters into account andprescribed “To decide the final form of citizen participation trials system,national judicial participation committee is set in the supreme court” into1stclause of 55th article. As are sult, Supreme Courtprovided fina lf ormthrough national judicial participation committee and held pub lichearing inFeb 18, 2013. Considering these points, this research paper examined aboutconstitutional discussion if the foreign countries’ legislation case and citizenparticipation trials which are similar to ours violate the right to receivetrials from the judge according to Article 27 of the Constitution (II. citizenparticipation trials system’s meaning and constitutional discussion). Also,this paper has overviewed the citizen participation trials’ target cases,constituting juries, procedure in public trial, discussion and decision, andefficacy which are prescribed by the current citizen participation trials act(III. citizen participation trials system’s overview). Moreover, operational problems which were pointed out since theintroduction of citizen participation trials system was analyzed and legalinstitutional ways are suggested for the improvement (IV. current citizenparticipation trial system and its solution task). Finally, after analyzing andevaluating national judicial participation committee’s final form and itspublic hearing (V. national judicial participation committee’s final form),conclusion was drawn.