국민참여재판 시행 과정상 제기된 문제점 및 개선 방안

Abstract

The jury trial system has been introduced to and established as a part of Korean legal and judicial system namely the Citizen Participation Criminal Trial System in an effort to gain support and understanding among the citizenry. There are many differences between the Citizen Participation Criminal Trial (or the Participatory Trial System by Public) and the original American jury trial system. For about two and half years, many but not sufficient Citizen Participation Trials has been processed and lots of problems floated and discussed, various opinions of the methods for improvement of the system suggested. The prior issue is the binding force of the jury’s decision. In our country, the judge is not bound to the jury’s decision but merely recommended how to decide. But I don’t think it’s a serious problem, because the court actually has been trying to be accord with the jury’s decision. I believe the prosecution is also positive to this court’s tendency except some cases. Empirical and experimental research as well as academical approach seems to be useful for the implement of the system, The court, the prosecution and the bar association should join forces with together in order to improve and settle this democratic form of judicial system. I suggest that we should adopt transitionally all the democratic judicial systems like the original American jury trial system, the German lay jury system and the Japanese lay judge system. After the real practice, we could choice and settle the appropriate judicial system without much undergoing trial and error.