전문심리위원제도의 운용방향에 대한 검토

Korea amended civil procedure at the time of 2007. 7. 13. to introduce expert commissioner system. This system, expert commissioner, originally modeled after Japan’s expert commissioner, but it has a little important differences. In contrast with Japan’s case, Korean expert commissioner can do more broad role participating in the civil procedure. He is a private citizen but he is treated as a sort of public servants in the case of bribery. He could get his pay from the government by the case. In this system, expert commissioner will be selected by Director of Judicial Policy’s official in charge. The official could select expert commissioner by interviewing and passing through the documentation after the recommendation of entity and institutes. In this context, the official has a lot of resemblance of “admission officers” in college entrance system, he has too heavy responsibility in selecting expert commissioner in spite of his lack of expert knowledge. Under this system, Korean expert commissioner will have to take charge of expert witness’ role in part according to each party’s desire. Under this background, I proposed that the character of expert commissioner should treated not instructer but a friend of court or an assistant. The human pool of expert commissioner also need to be enlarged as wide as possible to avoid capturing by interest group. Expert recruiting official has to accumulate special ability and know how to select expert because he has a golden key to success in this system.