국민이 공감하는 법치주의 실현방안

The rule of law embraces substantive and not merely procedural justice. The rule of law can earn the national consensus when it secures the fundamental rights of the people and protection from any infringement of rights through the judiciary branch by granting and controlling state power by law. All provisions of law must be fair and applied impartially in order to encourage the people to keep it. Also, it is necessary to guarantee people's participation in the process of legislation and application. However, the rule of law is damaged if the people's input is ignored in the process of enactment of law and the law is enacted solely for the interests of the National Assembly members or other certain groups or if the law is enacted in a hurry without sufficient observation and discussion. It is also damaged if the people cannot trust the arbitration of the judiciary branch in any disputes concerning the violation of basic rights by the state power as in this case the resolution would not be within the boundaries of law, but arbitrary. This study was conducted to discuss the issues of the rule of law in Korea in terms of legislative and judiciary areas. It particularly discussed the problems with the Increasing legislation by National Assembly members, unfair sentencing, or excessive limitations of appeals. It specifically discusses the problems with legislation notification system, public hearing system, and citizen participation trials system that are executed to increase civil participation in the legislative and judiciary areas. The rule of law should reflect the voices of the people, who build the foundation of state power, should be realized for the people. Now is the time to look for the right ways and make active efforts realize this.