배심원의 선정절차와 그 타당성에 관한 연구

Korean jury trial system that has been implemented since 2008 intended to embody various important values in the criminal trial by having the general public sit on the jury in criminal courts is regarded, in a sence, largely experimental and provisional. At this time when the system has put into effect for one year, it seems that numerous problems are exposed and that many a issue must be settled for the institution concerned to be successfully established. With respect to how to select the jurors, the most crucial aspect of the jury system, it has been indicated that there remains much to be desired and solved from a procedural perspective, while many opinions has been raised to get such problems solved. This paper, in the first hand, has a brief look at the procedures with which to select the jurors in the United States and Korea as well under the presupposition that the jurors be selected in the most fair and appropriate way if the nation's jury trial are to be successful, and goes on to come up with the most desirable procedure of selecting the jurors. Finally, the author concludes that the jury system that has been in force is to succeed, it seems essential to have a thoroughgoing review of studies on, and experiences from, overseas jury systems and introduce a desirable procedure tailored to the nation and help it settle down.