대법관 증원을 통한 상고심 개편 방향

Abstract

The Supreme Court of Korea plans to establish new higher court to reduce caseswhich come to it. It is going to substitute its function with new court for most appeal cases. According to the plan, new court will handle appeal cases from appellant courts. Even if new courtis principally functioned as final court, the losing party in new court is allowed to appeal to theSupreme Court where he or she believes significant constitutional issues are still unresolved or below courts󰡑opinions are in conflict with the Supreme Court󰡑s decisions. By reformation ofappeal system in this way, the Supreme Court expects that it focuses its limited abilities on only afew cases involving socially controversial issues or big constitutional disputes and enhances notonly its policy-making function but also relief function of important individual rights. However, the plan is undesirable because it restricts people󰡑s rights to appeal to the Supreme Courtguaranteed by Korean Constitution and it focuses on simply reducing burden of Justices󰡑work. It isnecessary to cut down a number of cases in the Supreme Court. Most of all, we need to find reasonwhy many losing parties want to appeal to the Supreme Court. That is because they don󰡑t trustlower courts󰡑decisions and trial process by career judge system. Alternatively, this paper suggests that the highest court󰡑s function can be improved by adding 12to present 14 Justices. Grand Civil Panel which consists of 17 Justices and Grand Criminal Panelwhich consists of 9 Justices makes En Banc for important civil or criminal cases. All of 25 Justicesmay constitute United Grand Panel and decide exceptionally necessary cases. Increasing Justices willreduce burden of Justices who have to deal with too many cases and the Supreme Court󰡑s desirablefunction to implement reasonable policy-making function and to resolve disputes based on each caseexpects to be improved. At the same time, below courts󰡑system should be changed. In order todecrease appeal cases, many attorneys with various experiences and backgrounds must be appointedfor judges including Justices. Instead of creating new court, increasing a number of Justices is a wayto ensure people󰡑s rights to appeal to the Supreme Court guaranteed by Constitution and expect itsdesirable role as court of a last resort.