국민참여재판의 문제점과 개선방안

• 영문명: The Problems of Jury Trial and Its Remedies in Korea
• 발행기관: 충북대학교 법학연구소
• 저자명: 박강우(Park, Kang-Woo)
• 간행물 정보: 『법학연구』第20卷 第2號 (2009), 1~20쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

Since last year (2008) the jury trial has been enforced in Korea. Jury trial was originally invented and developed in English and American law. But, nowadays jury trial is very popular throughout the world, because all the people want to involve in the trial. A jury trial is a legal proceeding in which a jury either makes a decision or makes finding of fact which are then applied by a judge. In Korea the jury does make a decision, but the decision does not bind judge which is very unique form of jury trial in the world. In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law. English common law and the United Sates Constitution recognize the right to a jury trial to be fundamental civil right. In countries where jury trials are common, juries are often seen as an important check against state power. Other benefits of trial by jury is that it provides means of interjecting community norms and values into judicial proceedings. Alexis de Tocqueville also claimed that jury trials educate citizens about self-government. To establish jury trial in Korea it should be well arranged the evidence testimony and the accused hearing system in a trial. In systems of proof, all evidence must be sponsored by a witness, who has sworn and the interrogation of witness which is conducted during direct examination and cross-examination. And other problems can be pointed out followings in Korea. 1. The opening of jury trial is being decided by the defendant. It is not advisable to activate the jury trial. 2. The jury verdict should bind the judge in the determination of the fact. 3. The number of jury should be unified by 12 in all cases. 4. The appeal against the verdict of “not guilty” should not be allowed to guarantee the priority of the verdict over the judge-oriented decision. 5. The peremptory challenge by the defense should be well administrated not to disturb the impartialness of the jury.

키워드

국민참여재판 증거조사 피고인신문 jury trial evidence examination the dependent question