「국민의 형사재판 참여에 관한 법률 개정안」에 대한 비판적 검토

This paper reviews legal issues regarding the proposed bill of the Act on the Civil Participation in Criminal Trials(hereinafter the Bill) which was submitted to the Nation Assembly by the government in June of 2014, through the empirical research analysis. The research was done on randomly selected five hundred people who were asked about their perception on the civil participation trial(hereinafter the participation trial), Korean type jury trial, and on the proper scope of criminal cases to be tried in the participation trial. Based on the research results, this paper discussed the legality of the proposed Bill. This paper analysed people’s perception on the credibility of the participation trial as follows. First, people trust more participation trial than other legal institutions (e.g., police, prosecutor, and court). Second, people considered that violent and corruption crimes are more proper to be tried in the participation trial than other crimes (e.g., election and corporate crimes). Individuals, however, thought that election crimes are also proper to the participation trial. Third, the more liberal people are, the more they are likely to support the election crime to be tried in the participation trial. Based on the findings, this paper argues that the proposed bill fails to meet the general perception of public and that, therefore, the bill needs revision.