국민참여재판에서 배심원후보자 기피신청절차 개선방안 연구

• 영문명: A Study on jury selection process for challenging of jurors in Korea's Jury Trial System
• 발행기관: 한국형사정책학회
• 저자명: 조인현(Cho In Hyun)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第1號, 219~260쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.04.30

영문 초록

Historically the evolution of the English jury from the middle ages to the french revolution caused the jury trial right to become the antimonarchist movements on the world. In Europe the jury trial was replaced by other models of lay adjudication. Especially Germany utilized a mixed court comprising a panel of one professional judge and two lay assessors collegially deciding all matters of law. In America the current jury selection procedures are guaranted by the amendments to the constitution and producing jury panels by the vior dire process. The prospective jurors without impartiality may be challenged for the cause or peremptory. The use of peremptory challenges is scrutinized to result in decreased legitimacy for the criminal justice system. From ancient times the court has been involved in the Jury Selection Procedure. It is quite right for the judge to controll the process of the jury selection. However it happens frequently that the judge would erroneously decide the use of challenge for cause or a peremptory challenge. Nevertheless during the Korean National Participation in Criminal Judicial Process it is insufficient or lack of appeal procedures in the challenging system. Therefore in Korea's Jury Trial System it might be proper to strengthen the appeal procedure for the litigants. Thus the procedure should be reformed if the judge's erroneous decision about the use of a challenge for cause or a defendant fails to cure a cause error with an available peremptory challenge. As a result it is important to increase the effectiveness of questioning in exposing prejudiced jurors. Then that kinds of reformation ways would serve for securing the impartiality of the Korean jury selection system and acquiring a more credibility of the Korean lay participation system.

목차

Ⅰ. 서론

Ⅱ. 외국의 시민참여 재판제도에 있어서 기피신청 제도 운영 실제

Ⅲ. 참여재판에 있어서 배심원 기피절차 운영 개선방안 고찰

Ⅳ. 결론

참고문헌

Abstract

키워드

국민참여재판 배심원 참심원 기피제도 이유부 기피 무이유부 기피 준항고 이의신청 Korean National Participation in Criminal Judicial Process jury trial Jury Selection Procedure challenge for cause peremptory challenge