국민참여재판의 배심원에 대한 실증적 연구 (Empirical Study on Juries of Civil Participation in Criminal Trial)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 29호 / 513 ~ 540페이지
· 저자명 : 황일호

초록

Already 2 years passed since the time of starting implementation of civil participation in criminal trial which was introduced for the purpose of securing democratic legitimacy and trust of the citizens in the judicial system. Since the introduction of civil participation in criminal trial tremendous there has been great change in practical aspect of the trial. Not only the judges but also the public prosecutors and the attorney at law began to endeavor for suiting proceeding of the trial to intellectual level of the juries. Most of authoritative trial in the court often seen in the past have largely disappeared. Past practice of reading written arraignment or reading record of interrogating the defendant or witnesses which were prepared in advance either by the public prosecutor or the legal counsel has been transformed into more dynamic and vivid verbal examination and toward the direction of trial centered process. Implementation of civil participation in criminal trial became an occasion through which plain truth that level of judicial system of a country is determined by the level of citizens of such country is averred. Since the introduction of civil participation in criminal trial, it elicited relatively positive reaction. Nevertheless in actual trial various problems were pointed out. Accordingly this is high time for carrying out empirical study and analysis on composition of juries, on juries understanding or lack of understanding of criminal trial and on result of deliberation and verdicts of juries. The Supreme Court instructed the court which performed civil participation in criminal trial to file report on its result by means of unified forms and the Supreme Court published White Paper on Civil Participation in Criminal Trial. In this treatise this author examined the overall status of civil participation in criminal trial and on the basis of above mentioned White Paper this author carried out analysis on inclination and qualification of juries who participated in civil participation of criminal trial. When viewed from the standpoint of specialists of the law these juries may appear to be full of shortcoming requiring more improvement however result of analysing the juries’ inclination, deliberation and verdict revealed reassuring outcome which largely eliminates concern and apprehension about them in the past. On the contrary number of cases of not-guilty verdict has been increased and such result may be a reflection of the juries boldness in passing non-guilty verdict in comparison with trials in the past. In the process of determining level of punishment there was less deviation than expected and this is an indication of the court’s respect for juries opinion in their determining level of punishment. Provided that, the court frequently passed judgement of guilty contrary to the juries not guilty verdict. But such phenomena should be regulated more for sake of planting root of civil participation in criminal trial. To conclude it seemed quite apparent that during the past 2 years system of civil participation in criminal trial could reach to a certain stage for settling down as a system and this is high time for expanding cases of civil participation in criminal trial and time for more positive review on introducing system for strengthening principle of jury trial including accelerated recognition of verdict.

영어초록

Already 2 years passed since the time of starting implementation of civil participation in criminal trial which was introduced for the purpose of securing democratic legitimacy and trust of the citizens in the judicial system. Since the introduction of civil participation in criminal trial tremendous there has been great change in practical aspect of the trial. Not only the judges but also the public prosecutors and the attorney at law began to endeavor for suiting proceeding of the trial to intellectual level of the juries. Most of authoritative trial in the court often seen in the past have largely disappeared. Past practice of reading written arraignment or reading record of interrogating the defendant or witnesses which were prepared in advance either by the public prosecutor or the legal counsel has been transformed into more dynamic and vivid verbal examination and toward the direction of trial centered process. Implementation of civil participation in criminal trial became an occasion through which plain truth that level of judicial system of a country is determined by the level of citizens of such country is averred. Since the introduction of civil participation in criminal trial, it elicited relatively positive reaction. Nevertheless in actual trial various problems were pointed out. Accordingly this is high time for carrying out empirical study and analysis on composition of juries, on juries understanding or lack of understanding of criminal trial and on result of deliberation and verdicts of juries. The Supreme Court instructed the court which performed civil participation in criminal trial to file report on its result by means of unified forms and the Supreme Court published White Paper on Civil Participation in Criminal Trial. In this treatise this author examined the overall status of civil participation in criminal trial and on the basis of above mentioned White Paper this author carried out analysis on inclination and qualification of juries who participated in civil participation of criminal trial. When viewed from the standpoint of specialists of the law these juries may appear to be full of shortcoming requiring more improvement however result of analysing the juries’ inclination, deliberation and verdict revealed reassuring outcome which largely eliminates concern and apprehension about them in the past. On the contrary number of cases of not-guilty verdict has been increased and such result may be a reflection of the juries boldness in passing non-guilty verdict in comparison with trials in the past. In the process of determining level of punishment there was less deviation than expected and this is an indication of the court’s respect for juries opinion in their determining level of punishment. Provided that, the court frequently passed judgement of guilty contrary to the juries not guilty verdict. But such phenomena should be regulated more for sake of planting root of civil participation in criminal trial. To conclude it seemed quite apparent that during the past 2 years system of civil participation in criminal trial could reach to a certain stage for settling down as a system and this is high time for expanding cases of civil participation in criminal trial and time for more positive review on introducing system for strengthening principle of jury trial including accelerated recognition of verdict.

참고자료

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