배심원 교육을 통한 공정한 국민참여재판의 실현

There is a risk that jury will not be able to make a reasonable judgment due to irrational prejudice or involvement in emotional or negative aspects. In particular, there is a risk that the prejudicial bias caused by media reports of crime can not make a reasonable judgment. This is because ordinary citizens who participated as jury members are more likely to be affected emotionally and emotionally than professionally trained judges, and are likely to be confused by the press and the public opinion, which can impede their cold and logical judgments. Concerns about these emotional trials and public opinion trials can undermine the purpose of participatory trials, such as enhancing the democratic legitimacy and credibility of the judiciary. In order to solve this problem, it is necessary for jury members to be able to derive results of verdicts that are consistent with common sense and legal mind of general public, without being disturbed by emotion or public opinion. There is a tendency to increase citizen's participation and activation of Participatory trials. It is time to consider ways to improve quality and judgment ability of jury, which is the subject of participation trial system, in preparation for the modernization, specialization and complexity of trial cases. To solve this problems, it is necessary to educate jury. As for the subjects and objects of jury education, the court is in charge of education for adults who are preliminary jurors in the jury selection procedure. And judges are responsible for teaching the procedures and principles of participatory trials to the those selected as jurors. The government is responsible for training the public which is a potential jury and it needs to be strengthened by civil law education. A standardized jury instruction manual should be enacted that specifies the content and timing of the judge's explanation. The party must be able to ask the chairman to give the jury a necessary explanation. And the parties must be able to appeal the content of the jury instruction manual and request the change. There is a need for control over the judge's violation of the obligation to explain the jury to infringe the fairness of the trial. The jury should have the right to ask questions about the judge and the judge's explanation should be disclosed in the chamber of evaluation. The sentencing should be conducted separately from the facts of the trial.