국민의 형사재판 참여에 관한 법률 개정논의에 대한 고찰

The Civil Participation in Criminal Jury Trial that people firstly participate in criminal trial in history of Korea starts With expectation for securing the finding of substantial truth and for strengthening of the democratic legitimacy and the confidence of general people about criminal justice. But, there are concerns as the credibility of jury verdict, the unfair selection of juror, the increase of expense, the non-binding nature of the verdicts. We should watch the development of the Civil Participation in Criminal Jury Trial about the finding of substantial truth, the strengthening of the democratic legitimacy and the confidence of general people about criminal justice and the increase of expense. But, it is positive that ‘the Privileges of Former Post’ and ‘All mighty is the dollar’ do not exist in the Civil Participation in Criminal Jury Trial. Concerns for the credibility of juror verdict and the unfair selection of juror proved to be unfounded. But the biggest problems are low-end receipt ratio and a high withdrawal and exclusion ratio. Due to high appeal ratio and advice effect of the jury verdict, the effectiveness of the Civil Participation in Criminal Jury Trial is being intensively criticized. The passive participation is discussed with directly-opposed judging the attendance rate of juror. To improve these problems, first of all, we should expand to White-Collar Crime that become the cause of the distrust of jurisdiction and White-Collar Crime be brought to compulsory Civil Participation in Criminal Jury Trial. Secondly, to lower exclusion rate of the Civil Participation in Criminal Jury Trial, the causes of exclusion be materialized. Thirdly, the jury verdict be given binding effect in the end. Fourthly, the Appeal Court be limited. Fifthly, the government should start a nationwide campaign to foster the public participation in the jury trials. Lastly, the juror be considered with ‘Easy and Fast Trial’.