법관의 독립성 혹은 법관에 대한 통제

Independence of Judges or Control of Judges

The Republic of Korea in 2018 will be remembered for its investigations and criminal trials of the abuse of authority by the judiciary. Taking this opportunity, this paper examines the current situation of independence of judges and judiciary and the necessity of control of judiciary or judges in Korea. First of all, the author points out the problem of judicialism, i. e. rule of judge, not rule of law. The problem is that the judge in the supreme court, not the legislator, decides the contents of the law finally, through a decision(stare decisis). In order to solve the current question of abuse of the judicial authority, the author discusses whether the independence of the judiciary is reinforced or whether the control over the judiciary is intensified. According to the author, in order to achieve the independence of the judiciary is necessary to achieve independence in the true sense of the words from the political power. And to become a judiciary with public confidence is necessary to reduce their authority or power by the judiciary and judges themselves. Therefore it is indispensable to control the use of judicial power. The author also emphasizes the importance of education on basic methodology for interpretation and application of law, to prevent the abuse of the judicial power fundamentally.