우리나라 국민참여재판제도의 문제점과 개선과제

Civil Participation in Criminal Trials System started on January 2008, judicial historically for the first time in Korea. Our Korean system is mixed, between jury system and lay-man judge system. Civil Participation in Criminal Trials adopted in order to cure the old disease of judicial bureaucratism in Korea in other words to improve democratic justice, transparency and trust in judicial procedures thorough ordinary thought of civil can be reflected in the judicial process. but korean system has some problems. The jury decides guilty or not guilty in order to recommend its opinion to the court. That is to say, The verdict of the jury is non-binding. on occasion, jury must consult the court before deciding, furthermore critical problem is that verdict by simple majority is allowed. We have determine which system is appropriate for the Korean culture and regal background. these problems are should be improved. so as to cure the old disease of judicial bureaucratism in Korea, I think that jury system from the Anglo-American tradition is more desirable than lay-man judge system at the criminal court in Korea. Therefore, our Korean Civil Participation in Criminal Trials should be managed like a jury system. lastly, we have to make all our efforts to prepare for the substantial, successful and active Civil Participation in Criminal Trials.