국민참여재판에 관한 헌법적 논의

The civil participation in criminal jury trial(below, the jury) started to guarantee the fairness and the clearness of the judicial system and to secure democracy and democratical legitimacy by civil participation. However the demonstration period till 2012 made up for problems of the jury due to no experience of the civil participation progress in the judical system. Nonetheless the fundamental problems was not resolved during demonstration period. Therefore the paper will find fundamental problems of the jury which has been implemented in earnest since 2013, and suggest the activation plan of the jury. The jury has been proceeding through the law of the civil participation in criminal jury trial. However the jury has conflicting parts with the people’s basic human rights which is stated by the constitutional law. First, whether a judge can be included as a juror Second, whether it is to violate the right of access to courts which is stated by the constitutional law Third, whether it is to violate trial system Forth, The case centralized by public opinion prior to the jury and freedom of expression To define the problems of the jury in the constitutional law is important to activate the jury henceforth. Thus, the paper discusses the activation plan of the jury based on the constitutional discourse of the jury. The jury will be significant to secure democracy and democratical legitimacy through civil participation, and be applied as the foundation to complete citizenry jurisdiction.