형사조정제도에 관한 고찰

A Study on the Pre-trial Conference in Criminal Trial

To resolve inevitable disputes ingrained in all human societies, many nations resort to various extra-juridical means. In Korea, however, since the adoption of a modern judicial system, regardless of the nature of a particular lawsuit (whether it be private lawsuit or class action suit; whether it be a civil suit or criminal suit), all lawsuits were resolved through juridical means. This system increased operational burden on the judiciary, and failed to meet the demands of Korean citizens. In 2006, Korea has adopted pre-trial conference in criminal trial and currently, all public prosecutor’s offices are enforcing pre-trial conference in criminal trial. This paper introduces the historical origin of pre-trial conference in criminal trial and presents a suggestion to help practical affairs of pre-trial conference in criminal trial and practical affairs of pre-trial conference in criminal trial to take root in Korea.