국민의 형사재판 참여

• 영문명: A Study on the Citizen"s Participation in Korean Criminal Trial
• 발행기관: 충북대학교 법학연구소
• 저자명: 김대성(Kim Dae-Seong)
• 간행물 정보: 『법학연구』第19卷 第1號 (2008), 409~441쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  The national assembly of the Republic of Korea legislated for the citizen"s participation system in criminal trial for the first time in 2007. The system was enforced from January 2008 and is mingled with the factors of jury system and the factors of mixed court system [Sch？ffengerichtsbarkeit]. And the system"s destiny will be decided after it"s experimental operation for five years. First, this paper examines the history of the arguments about the adoption of the citizen"s participation system in judicial decision making in Korea. During the late 1920"s, there was an argument about the adoption of the citizen"s participation system in judicial decision making for the first time in Korea. However, it did not come true mainly because Korea was put under Japanese"s colonial rule at the time. Indeed the argument in Korea was caused by the fact that the Japanese Diet passed the Jury Act in 1923. And then it was debated again during the late 1940"s in Korea, but it did not come true similarly. At that time, it was the post-colonial period, thus Korea was in condition that was difficult to adopt the citizen"s participation system in judicial decision making. Subsequently, the government, the justice authorities and civil society have taken interest in the matter since the late 1990"s in Korea. I understand that it stands on the series of democratization having been evolved since the late 1980"s in Korea. In the event, Korea adopted the citizen"s participation system in criminal trial for the first time by legislation in 2007. And then, after examining the contents of the current system, this paper proposes some improvements that can develop the system successfully in Korea.

목차

Ⅰ. 머리말
Ⅱ. 국민참여 재판제도의 도입논의 및 입법의 경과
Ⅲ. 국민참여 형사재판제도의 주요 내용
Ⅳ. 국민참여 형사재판제도의 정착과 발전을 위한 몇 가지 제언
Ⅴ. 맺음말
참고문헌
【Abstract】

키워드

국민의 사법참여 배심제도 참심제도 사법의 민주화 the citizen" s participation in judicial decision making jury system mixed court system democratization in the administration of justice