국민참여재판에서 '작은 국민'으로서 배심원

The Civil Participation in Criminal Jury Trial has been implemented as a method to realize popular sovereignty within criminal law. People’s participation indicates the participation as a juror and in this sense juror is the representative of the citizens. It will be the representative of the citizens whom will build up consent to the judgment following the jury’s verdict and the trust in the legal system. This thesis will give thought to the method of determining the number of jurors through the weight of the crime, analyze whether there is any problemrelated to the quorum for jury verdict, and examine the issues involving the non-bindingnature of the verdicts. In furtherance, this thesis will examine foreign legislations for any improvements. One need to bear in mind that the presupposition is that the number of jurors needs to be maintained to sustain the representative nature of the jury system and the implementation of unanimous verdict. Similar to other countries, the Civil Participation in Criminal Jury Trial system demand economical and social high cost. Generally the success of a project depends on where one concentrates the samecost. In this sense, it is important to determine how and where to concentrate the high cost investment of Civil Participation in Criminal Jury Trial. The parts that do not need the Civil Participation in Criminal Jury Trial need to be boldly omitted. There is a need to have a method to boldly move to a regular trial if the defendant accepts major issues. Furthermore, adoption of plea bargaining or similar system could be considered.