국민참여재판 최종형태에 대한 비판적 고찰

In 2008, the new trial system that is called "The Peoples Participation Trial" was introduced. It has gone through a pilot implementation over the five-year period. Finally, in 2013, the National Judicial Participation Commission and Justice Department released a draft on the final form of Peoples Participation Trial System. This final draft contains the contents following. (1) to grant Prosecutor with the right to an offer of trial and public participation, (2) to exclude Article 32 paragraph 6 of article 1 in Court Organization Act from the scope of application of Peoples Participation in Criminal Trial Act, (3) to add Article 46 paragraph 5 and 6 as the reasons for exclusion of the new verdict, (4) to impose a duty to respect the verdict on the courts. But the final draft's contains are too poor and too passive as results of a pilot implementation over the five-year. The poor results come from a idea that it is unconstitutional that the people participate in the trial. This final draft isn't enough to implement the integrity of the system. Therefore, the now is not the time to part with the final version but the time to listen to criticism and alternatives based on the proposed for five years.