산업안전보건법 관련 형사재판에서 판결 이유 기재의 충실화에 대한 제언

The trial court's judgment informs the parties precisely of the content of the judgment rendered, enabling them to decide whether to accept it. In the event of an appeal against the original judgment, The trial court's judgment serves as the basis for the higher court to adjudicate the merits by indicating the factual and legal grounds upon which the trial court rendered its decision. It also clarifies the scope of res judicata and enforceability resulting from the final judgment. Furthermore, it contributes to ensuring the fairness of the conclusion in the judgment and accuracy of the judgment's conclusion. In relation to the general public, the judgment in a specific case also serves to publicize the court's position on the fair administration of law and the interpretation and application of law. For legal scholars, practitioners, and other legal professionals, it functions as the most important and effective learning material, known as ‘case law,’ enabling them to follow existing unified interpretive perspectives or gain insight into new legal interpretations. Ultimately, the reasoning contained in court decisions prevents arbitrary judgments by judges in their findings of fact and application of legal interpretation, ensuring the principle of free evaluation of evidence and guaranteeing the legitimacy of the ruling. While countries with jury systems have established practices of not detailing the reasoning behind verdicts, it is traditional in trials conducted by professional judges to provide detailed reasoning for decisions. Particularly in Korea, there is a need to supplement the lack of clearly stated reasons for judgments, especially in cases involving violations of the Industrial Safety Act where mechanical rulings can occur. To achieve this, it is necessary to restructure the first-instance trial to better hear and examine the parties' arguments and to institutionalize the clear articulation of reasons for judgments. This would ensure the people's right to a trial, the right to a fair trial, and the right to appeal.