국민참여형 형사재판의 개선방안 - 일본 운용에서의 문제점을 근거로 -

The participation to a procedure of the detective judiciary of the democracy was the subject which even an argument was hard to be made before. Only aconstant person with a constant qualification can participate, and the participation to a procedure of the detective judiciary progresses only by a constant person⋅It was to judge it. Furthermore, it will not be exaggeration that the pleas of the Crown of the same continental law system nation such as Korea interrupted participation of the democracy for enforcement even if I say. However, not only Korea but also Japan gropes for a bill to participation of the democracy in pleas of the crown to perform thoughts of legitimacy or transparency of the detective judicial proceeding and will be taken effect for apolicy. Law ‘about the criminal trial that’ citizen judge participates in as consistency of the detective judicial reform in May, 2009 is enforced, and Japan reaches it at the present. Around six Problem was pointed out in current time where enforcement five years passed and, in this report, examined it mainly on such apart. Korea swell, and it may be said that the enforcement of this system beganin earnest now including exemplary management from 2008. However, various problems were pointed out in the enforcement of this system, and a revised draft of a proposed law would be given. Therefore I examined given problemsfrom real use of Japan and examined a improvement plan of Korea.