법관인사제도의 바람직한 개선방안 - 관련 법원조직법 개정안들에 대한 분석을 중심으로 -

Many people think that the judicial personnel system is a matter of internal affairs of the judiciary separate from the daily lives of ordinary persons. However, the judicial personnel system is really important for the realization of the right to a trial prescribed in Art.27 Sec.3 of Korean Constitutional Law. This paper aims at analyzing the present conditions and the problems of the current judicial personnel system and suggesting the short-term and long-term reform measures to maximize the realization of the right to a trial. To achieve the aim, this paper will overview the concerned constitutional principles including judicial accountability, judicial independence, separation of powers and judicial activism at first, and analyze the present conditions and the problems of the current judicial personnel system in the perspective of the constitutional principles. Based on the analyses, this paper will examine the revised bills of Judicial Organic Act on the Judicial Personnel Committee introduced by the Congressman Ki-sang Choi as a short-term reform measure, and the revised bill of Judicial Organic Act on the Judicial Council introduced by the Congressman Tan-hee Lee as a long-term reform measure.