국민참여재판 배심원 평결의 효력에 대한 고찰

Korea adopted the citizen participation system in criminal trial for the first time by legislation in 2007 and it has operated since 2008. In the driving force’s early plans, it was supposed to operate in earnest with it’s final form after it’s experimental operation for five years. Now, it is time that we have to seek and decide it’s final form. This paper aims to get the answer what should be the effect of jury verdict among a recommendatory effect, de facto binding power and a binding power by examining about the effect of jury verdict in the citizen participation trial. It is stated that the Act on Citizen Participation in Criminal Trials and it’s amendment from the government don’t give a binding power to jury verdict because it possibly violates the constitution and may cause unequal criminal justice and legal instability, and a bond of sympathy has not developed about the adoption of American jury model between Korean people. This paper examines about these reasons. And to conclude, it is reasonable and logical that a binding power should be given to jury verdict.