배심원 보호에 관한 몇 가지 제언

Jurors are the key element to distinguish Citizen Participation Trials from general criminal trials. Although the decisions presented by the jurors do not have direct binding force on the court judgment, if the court ignores the opinions of the jurors, it causes significant legal and systematic burdens on the court of justice. While jurors hold powerful rights, the system is insufficient to support the jurors to make the right judgment. Jurors are private persons, not a part of the judiciary group, so they are not subject to official protection. The jurors in Citizens Participation Trials have to protect themselves or depend on the beneficial protection of the court at most. On the contrary, the party interested in litigation will always be tempted into suppressing the jurors physically or mentally to control the results of the participation trials. Fortunately, there has not been any evidence of attempts made by the party interested in litigation causing direct harm to the Citizen Participation Trial jurors or their families or relatives. However, the face and personal information of the jurors are all displayed to the parties interested in litigation and there are no restrictions on the physical encounters of the jurors and the parties interested in the litigation. If special guard service is not provided for the jurors, there may be regrets after it's too late. This study will examine the forms of pressure that could be inflicted on the jurors and investigate how the current law in force takes defensive measures against the pressure and perform a critical analysis of the limitations. This will be followed by suggesting additional measures that should be provided for the jurors.