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학술저널

Improvement of the Citizen Participation in CRIMINAL Trial in KOREA

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According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Partic-ipation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punish-ment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.

Abstract

1. Introduction

2. Problems Raised after the Citizen Participation Trial

3. Critical Review of the Improvement Proposal of the Citizen Participation Trial

4. Conclusion

5. References

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