國民參與裁判에 있어서 陪審員 評決의 效力

It is right that the juror' verdict have not binding force in the citizen participation criminal trial system because the korean history, tradition, culture and social environments are different from other countries. But in some case a de facto binding force is accepted by the supreme court and the ruling is also right and desirable. Besides, in the U.S.A the judge can enter a judgement notwithstanding the verdict and there are many differences and various characteristics of other countries' jury or civil participating systems. It is reasonable, fair and proper that the plea bargaining system should be adopted if the juror's verdict would be final or have binding force. It could be discussed that making a partial amendment of the citizen participation criminal trial system code that the jurors' verdict should be final or have a binding force when the jurors decide unanimously the defendant is not guilty.