사회적 영향을 고려하는 법원에서 법정 조언자의 역할

The evaluation of the court is considered to mean the evaluation of the trial, which is the essential role of the court. In other words, the evaluation of trials based on fairness, speed, and economy is to evaluate the degree of public trust in the judiciary. According to the OECD's Government at a Glance 2021, it is ranked 34th out of 36 countries in terms of citizen confidence in the judiciary system and the courts. The court needs to be able to resolve such distrust and receive positive evaluation, which will be accessible from various perspectives. Amicus curiae brings about changes in legal discourse in court trials and make them pay attention to the role of courts in society. The court responds by reflecting judges' perception of the social role to the desire of a third party who is not a party to the lawsuit to participate in the trial proceedings as amicus curiae. There is a direct correlation between judges' perception of the judicial role and the increasing use of amicus curiae. From a formalistic point of view, amicus curiae is merely legal tool in the trial process after the proceedings have begun. However, if you look closely at this system, the use of amicus curiae has actually been embodied in the perception of judges' social roles and responsibilities in recent years. The interests, perspectives, insights, and information presented by amicus curiae to the court help judges judge complex legal issues by allowing them to be exposed to a wide range of information and social discipline. In conclusion, by allowing amicus curiae, the role of courts in society will widen and deepen, and the voices of society will be easier to convey to courts through amicus curiae. If the Supreme Court shows a more open attitude toward the use of amicus curiae in the future, it will receive citizen confidence in the judiciary system.