최근 형사사법체계 개혁 논의에서 잊힌 과제 ― 전문가사법의 통제와 시민사법의 구현을 위한 시론적 고찰 ―

In recent discussions regarding the reform of the criminal justice system, the call for “democratic control” has been increasingly emphasized. In this context, ‘Citizen Justice’ is emerging as a vital alternative, where citizens act as active participants in the judiciary, constituting the legal system and engaging directly in its decision-making processes. External participation committees, such as the “National Investigation Committee,” are increasingly being introduced as a primary mechanism for such “democratic control.” However, depending on their composition and operation, these committees can function either as instruments of ‘Citizen Justice’ or as forms of ‘Expert Justice.’ Specifically, if the selection of committee members prioritizes “knowledge and experience,” its composition is often dominated by legal professionals or former bureaucrats, while the involvement of ordinary citizens remains limited. In such cases, the system risks becoming an extension of ‘Expert Justice’ rather than serving the ideals of ‘Citizen Justice.’ Such a framework may inadvertently reinforce existing ‘Bureaucratic Justice’ or serve as a legitimizing mechanism that conceals it by fostering a solidarity network between former and current officials. To ensure that external participation committees effectively serve as instruments of “democratic control,” it is essential to strengthen the components of ‘Citizen Justice’ by prioritizing lay participation. This requires an institutional design that empowers lay citizens to directly participate in and influence the final decision-making process, ensuring that the judiciary reflects the ‘democratic will of the sovereign’ rather than the ‘technical expertise’ of a closed elite.