근대 사법제도에 관한 연구 – 헌법상 재판청구권과 사법권 독립을 중심으로 –

Korea's judicial system was a process of implementing the independence of courts and trials according to the circumstances of the times. From the modern judicial system at the end of the Joseon Dynasty and the Japanese colonial period to the modern judicial system, the origins of the current judicial system are traced through the process of acceptance and spread of the principle of independence of judicial authority in Korea in the modern judicial system and the process of actually realizing judicial independence. Through this, we can recognize its historical and cultural significance. Judicial power refers to the power of the government to exercise judicial action. A country ruled by law requires national consensus to exercise state power to protect the rights of the people, and this functions only within the constitution and laws stipulated by democratic procedures. Judiciary is one of the functions of state governance, along with legislation and administration. When a lawsuit is filed due to a dispute regarding the legal relationship between individuals or between the state and individuals, the judiciary maintains legal order by determining what is legal and declaring it. A country ruled by law has the obligation to guarantee justice in order to guarantee the rights of its citizens, and at the same time, citizens have the right to claim judicial guarantees. Afterwards, efforts were continued to secure the autonomy of the judiciary, but it is evaluated that the actual independence of the judiciary was finally guaranteed after democratization. In this paper, we will examine both the traditional judicial system and the modern judicial system. In addition, we will look at the modern judicial system and Korean constitutional history, and examine the process by which the principle of judicial independence was accepted and spread after the establishment of the Korean government, as well as the formation and development of early courts.