헌법과 사법개혁

• 영문명: Constitutional Law and Judicial Reform
• 발행기관: 충북대학교 법학연구소
• 저자명: 김웅규(Kim, Woongkyu) 김건호(Kim, Keonho)
• 간행물 정보: 『법학연구』第28卷 第1號, 143~167쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

In the view of the judiciary reform, The realm of that contains the Constitutional Court, Court, Prosecution. The standards of the judiciary reform need to be based and made on the Constitutional principles like sovereignty of the people, liberal democracy, separation of power, legalism, etc. Furthermore, the decentralization of power should be emphasized in the 21st centry. In the part of the reform of Prosecution, the foundation of a special agency to investigate politicians, lawmakers, bureaucrats, prosecutors and judges suspected of engaging in bribery and other corruption can be mentioned first of all. In addition, the political neutrality of the Public Prosecutor General, direct election of the director of the local public prosecution, control of Prosecutor s power should be reformed. Since its creation under the 1987 Constitution, the Korean Constitutional Court has become a major player in Korean societies. By the way, in Constitutional Court, we need to reform the problems of the term of the judge, diversity of judges, the power of nomination of constitutional judge by the Chief Justice of the Supreme Court and prompt mandatory supplement of judge s vacancy. The judge s personnel system, abolition of the privileges of one s former post, a hearing of final appeal, expansion of a public defender,transparency of judicial procedure are also considered in the part of the reform of court system. The judiciary reform in Korea is currently the key subject performed by new government and should not be suspended any more.

목차

Ⅰ. 사법개혁의 의미

Ⅱ. 검찰 개혁

Ⅲ. 헌법재판소 개혁

Ⅳ. 법원 개혁

Ⅴ. 결론

키워드

사법개혁(judiciary reform) 검찰개혁(Constitutional Court) 법원개혁(Court) 헌법재판소개혁(Prosecution) 지역분권(decentralization of power)