행정소송에서의 국민참여재판 도입에 관한 전망과 법적 쟁점 - 미국의 배심제도를 중심으로 -

Abstract

Alexei Tocqueville expressed that the American jury system has a republican nature in that it gives the real initiative of society to the pitcher, not to the ruler. Through the jury, the United States has secured judicial transparency by preventing judicial corruption and external pressure, and has increased democratic legitimacy and public confidence in judicial decisions. However, our judiciary has been excluded from citizens' participation, unlike legislation or administration. However, it has been operating for 10 years by introducing the people participation trial system in the criminal trial. However, the jury trial of the United States is different from ours because it is also conducted in criminal trials and civil trials(including administrative trials). The court had previously operated citizens' participation trials in administrative cases. And the "Judicial Development Committee with the People" has decided at the fifth meeting to extend the people participation trial system to civil trial and administrative trial. However, the reference to the introduction of the system of national participation in administrative litigation is very weak. However, in order for the people participation system to function faithfully as a barrier against the abuse of power by the administration, it is necessary to be introduced into administrative trials. Because it is necessary to conduct the people participation trials in administrative trials that relieve the public authorities of the rights or interests of the public due to deviations from the administrative authority's discretion and the illegal disposition by abuse and other acts of public power and other unauthorized activities, It enhances the transparency of recovery and administrative litigation, securing the democratic legitimacy of administrative litigation and raising the credibility of the judiciary.