재판에 대한 방송의 허용 여부에 관하여

The release of a movie ‘Unbowed’ - based on a ‘crossbow’ terror - is causing controversy within judiciary in determining the facts and fiction of the content. The movie gave a negative impression on the judiciary or the judges to the public, a majority of whom had never faced trials in their lifetime. Such a perception, if accumulated, could lead to distrust of the judicial system. If the trial on the case was aired in real time, it must have been clear that the court made a decision based on appropriate fact finding procedures. This paper provides reasons to support televising court trials by reviewing relevant domestic regulations that restrict broadcasting of trials, analyzing judges' perspectives through surveys and investigating perceptions and changes in attitude regarding trial broadcast of each state court and federal court in the U.S. This paper introduces “approval and disapproval scenarios” of trial broadcast and explores basis of these scenarios that could be generated from different views with respect to potential problems and benefits of trial broadcast in Korea. Ultimately, the paper examines whether trial broadcast could cater to promote public trust in the judiciary, one of a goals of the judicial system.