국민참여재판의 민주적 정당성에 관한 연구

Up to now, The judicature in Korea has been treated the special and professional possession of judicial officer. The people have not subjectively participated in trial and handled as the object of judicial process. Civil participation in judicature, not like the Legislation and the Administration, has not been good in demand of democratic justification. Therefore our government will put People’s Participation Law in Criminal Trial in operation to win back public confidence in judicial trial and to strengthen democratic principles in organizing the judicial bench. The Civil Participation in Criminal Jury Trial that people firstly participate in criminal trial in history of Korea starts With expectation for strengthening of the democratic legitimacy and the confidence of general people about criminal justice. It is necessary to value the Democratic Legitimacy of Civil Participation in Criminal Jury Trial in operation. For the assessment of democratic policies 2 criterions are suggested according to Lincoln’s formula :governed by the people as input aspect and correctness of the substance as output side. In aspect of input, Civil Participation in Criminal Jury has not substantially been governed by the people for not-Binding nature of the verdicts regardless of equal participation. And in aspect of output, the economical efficiency and the speed in Civil Participation in Criminal Jury have been valued some time later. Jurors and peoples were satisfied with Civil Participation in Criminal Jury. But prosecutors were not satisfied with and appealed in the high rate. To solve the these problems :The Right to get People’s Participation in Criminal Trial be a constitutional right. The jury verdict be given binding effect. The Appeal of prosecution be limited. And White-Collar Crime be brought to compulsory Civil Participation in Criminal Jury Trial.