한국의 전통적 사법체계와 그 변형

Abstract

Nowadays in S. Korea, judicial discredit meaning that people believe the process of judiciary is not necessarily fair is to be said one of social trends. Accordingly there are many people they say judicial victims, so to speak they were allegedly victimized by unfair investigations or trials. Certainly some part of their claims might be true, I believe. Not a little examples of judicial injustices has been reported by far. But some of their claims are based on misunderstanding on the judicial system now. The traditional judiciary stands on the integrity of authority on administration and trial. At the time, all people had to do was to petition a magistrate of the provincial ares-called in Korea 'Won-Nim'-something causing them damages or disadvantages. After that the 'Won-Nim' sought a resolution under his authority, which was the most suitable to the case without regard to the petition. The Won-Nim could mix his authority on administration and trial. This is the famous 'Won-Nim trial' in Korean society in the past. But under the modern judicial system, in principal it is up to complainers to gather evidences and convince police, prosecutors and judges to resolve one's grievances. If he neglects it, it comes to be his own burden. The differences between two systems often cause the misunderstanding of the so-called judicial victims. They might haven't done enough to get favorable results, but they think the authority haven't done enough to solve their problems or unfairly have dealt with their cases intentionally. In this thesis, I wrote about overall-look into the traditional judiciary in Korea. And I tried to suggest some resolutions to deal with the misunderstanding of the so-called judicial victims including strengthening the authority-preferred system in trials, which means judges have more power or discretion to proceed trials, and are not always limited in the hemisphere of claims by participants in treating cases.