징벌적손해배상제도 시행 확대를 통한 국민참여재판의 활성화 방안

The National Participation Tribunal System aims to establish a system trusted by the people by realizing national sovereignty and participatory democracy in judicial justice through direct participation of the people as judicial subjects, and enhancing the democratic legitimacy and transparency of the judicial law. This system has been introduced and is in effect on January 1, 2008. Currently, more than 60 countries around the world have introduced and implemented the citizen participation system for criminal trials. In this situation, it can be assessed that the system for people's participation in criminal justice is expanding globally. Meanwhile, Korea has made attempts to expand public participation trials to civil trials. In other words, in the Ulsan District Act in 2013, three civil cases were piloted as public participation trials, and for the same purpose, the Chuncheon District Court also operated a jury mediation system. However, the motive for the expansion of public participation trials to civil trials was discussed in earnest at the'Judicial Development Committee with Citizens' in 2018. This committee acknowledged the feasibility of accepting a jury trial to compensate for the shortcomings of relatively low public trust despite the evaluation that the Korean civil trial system is fast and efficient. The jury system has served as a key institution for realizing democratic values in the political history of the United States, which is also important because this fact fits with our democratic values. Therefore, in this study, the jury system of the United States was reviewed in a comparative manner, and a few proposals were made along with a review of the feasibility of the public participation trial in civil trials according to the expansion of the application of the punitive damages compensation system. In short, this study considered the following items. ⅰ) The necessity and degree of reorganization of related systems in the proceedings for the expansion of civil trials, ii) gradual expansion of trials subject to civil participatory trials, iii) utilization of jury mediation in civil mediation procedures, iv) As other suggestions, the generalization of public participation trial education was reviewed and suggested.