국민참여재판의 위기와 개선방안

It has been over a decade since the citizen participatory trial by jury was introduced into criminal proceedings. However, given a lot of indicators regarding the citizen participatory trial, it is a little hard to conclude that this system has accomplished a completely stable establishment. The decrease in the number of cases and the proportion of serious affairs shows the crisis of the citizen participatory trial clearly. This paper aims to examine the present status of the citizen participatory trial and point out that the fundamental cause for relevant issues comes from application-centered factors of the citizen participatory trial and court’s right to decide exclusion. It is hard to expect a dramatic change of the current citizen participatory trial as long as these two factors exist. But considering that it is too early to abolish these two entirely, this paper suggests that there is a need to adjust cases subject to the citizen participatory trial rationally, progress trials more swiftly and operate the accused-friendly judicial procedures for relieving issues, on the premise that the current system is maintained as a substitute. But it is thought that it is required to look through the citizen participatory trial all over again to operate and establish the citizen participatory trial properly.