司法權과 國民統制

Judicial Power and the People's Control

Because the all state authority shall be emanate from the people, it is natural that the all state authority should be controled by the people. So it is also no wonder that the judicial power should be controlled by the people. But it is also fact that the judical power has not friend with the people's control because of it's specific characters for example, positivism, passivity specialty, neutrality, independence, conservatism etc. Actually, the judical power is just controlled by the Legislative power, the Executive Power and the Constitutional Court. Furthermore it is also controlled through the court system of specified levels and the public trial based on the principle of checks and balances. But nowadays the demand for democratizing on judicature has been increased so rapidly as the change of age and surrounding conditions. So to speak, the realization of the national sovereignty would be also needed in the administration of justice. And the need would be made up through so called, participation of the people. Namely it could be assumed that the focus is problem of legitimation on the judicial power. The items that this thesis handles are as follows; 1. The necessity of democratizing in judicature 2. The relationship between legitimation of judicial power and the people's participation 3. The innovation of judicial organization and judicial process through the people's participation 4. The ways of the people's participation through the Information Technology for judicial innovation. 5. The relationship between the representative system which is regarded as fundamental doctrine of Constitution of the Republic of Korea and the people's participation which could be assumed as the direct democracy system, finally and the limit of the people's judicial participation. In short, the innovation of judicature through the people's participation is regarded as a inevitable process nowadays. But I think that we should not neglect watching out for the harm the people' judicial participation can bring.