국민참여재판제도의 정착화 방안에 관한 연구 -개시요건의 검토를 중심으로-

Analysis of the problems relating to the starting point to said first gate and starting requirements of the participating trial so far, thus offering an improvement. Furthermore looked critically review the final form was created a committee commence requirements for public participation in law (draft) through a multi-faceted research and analysis on the issue of commence requirements indicated by the pilot in the last five years. Various problems have been caused during the pilot trial period of five years public participation scheme. Among these were particularly pointed out as the biggest problem, a high withdrawal rate, a low application rate and rejection rate. I think it needs to be amended so as to apply caution in Opt-out methods in order to solve this problem. The trial by force so that the people involved in the decision in accordance with the application of the authority of the court or examination if deemed necessary to improve the democratic legitimacy and transparency of the judiciary in the application of the defendant, even if people do not participate in the judicial committee may refer the introduction of some liberal elements. I think that decision is consistent with the purpose of introducing the spirit of the people involved and the decision of the national court system Judicial Council is involved. But at some point regret leaving. In the final form of the first requirements of the practice of public participation in the trial was amended to be brought to trial by the people involved in the application of the authority of the judge to examine in order to overcome the problems arising from the application of the existing defendants note (not) a part of the current and This is because the room for the same problem occurs such. It is also believed that the placement of the people involved and how they judge 'conduct involved in the criminal justice system in order to enhance the democratic legitimacy and public confidence in the judiciary' objectives and ensures the jurisdiction of the National Constitution. The form can be called a provisional draft of the final form of criminal participation model, but now Korea National Judicial Council participating final form (eyes). Therefore continue to be developed so that it can be operated together to meet the legal reality of our ongoing efforts to confirm that you can implement more faithfully than the purpose of the public participation Korean court system and judicial participation model complements. Join the fruitful results, and I expect the settlement to make the people involved in the justice system worthy of our efforts is the next country.