국민참여재판 배심원의 공정한 평결을 위한 제안

Abstract

More than 10 years have been elapsed since implementation of participatory trial. Since the implementation, participatory trial have been significantly expanded quantitatively. However, recently, there are many comments that participatory trial have been facing a crisis due to COVID-19 pandemic and other reasons. The crucial difference between participatory trial and general trials is jury. Therefore, the development․regression of participatory trial do not differ from those of jury. Making an environment where jury can make a right and fair decision according to their convictions may be the most important duty that lawmakers and people related to participatory trial should perform. Currently, participatory trial is largely performed in the following order: Jury selection, Preparatory Proceedings, Evidence Investigation, and Jury Deliberation. At each stage, there is no lack of factors to have an influence on decisions of jury. At the process of jury selection, regional bias of jury candidates, press report that could give prejudice to the criminal case, court's extensive authority over jury selection, and inappropriateness of an avoidance method for jury become issues. After starting the trial, arrangement of the court, progress order of the trial, lengthy investigation of documentary evidence without particular restrictions, and possibility to be exposed to evidences without admissibility of evidence should be reviewed. Lastly, at the stage of trial's conclusion and deliberation, it is necessary to critically examine the anchoring effects caused by the prosecutor's request, the adequacy of the jury's explanation, effects of judges on jury in the process of deliberation. The Act on Citizen Participation in Criminal Trial and the System repeat drifting without reaching the completion. However, it is obvious that participatory trial accounts for the proportion that cannot be considered lightly in our criminal trials. Therefore, it is desirable to increase jury's ability to make a right decision through continuous researches and improvement legislation in the future and furthermore, to make participatory trial a driving force of judicial trust and judicial development.