법적 논의와 판결의 합리성 - 대화이론과 절차보장론을 중심으로 -

The purpose of this article is to explore the rationality of the judgment, focusing on the Communicative rationality and procedural justification. As active court arguments develop in increasing modern lawsuits, interest and expectations for trials as a public forum for principle discussions surrounding justice and rights are growing. Thus, the function of the trial expanded not only to resolve disputes but also to the process of policy formation, and the possibility that legal discourse or trial procedures will be the subject of political and moral considerations is also widening. In addition, discourse have expanded on the function of judgment made by judges and procedures for reaching a decision. The issue of guaranteeing parties' participation in the trial process has come up. According to this phenomenon, the possibility and limitations of realizing justice by law in legal methodology, have become an important issue. The main problem is how to secure the rationality and where to obtain the justification, This paper examines legal discourse to ensure the rationality of judgment with this interest and discussions in law. I proved the legal rationality issue with the rationality of discourse and procedure justice of trial to the direction of the practical philosophical interest, representing the possibility of reinstatement of practical reason and explaining limitations in legal discourse and trial proceedings. Through this, I intended to find the probability of contributing to the explanation of tasks common to the philosophy of practice while focusing on the tasks facing legal practice.