항소법원 설치와 법관의 구성 및 전문화 (Two Issues concerning Reforming Appellate Courts System ― Composition of Courts and Specialization of Judges ―)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 29권 / 297 ~ 319페이지
· 저자명 : 전형배

초록

There have been a lot of discussions in establishing a single appellate court in each province. The core of these discussions lies at two important thoughts. One is that setting up new appellate system helps people appeal against an instant court decision freely, which means it guarantees their access rights to appeal courts. The other is that this system promotes the decentralization of judicial power, which means it guarantees judicial independence.
In addition, the unification of appellate courts with abolishing the existing high courts is accompanied by the positive change of the judge personnel process. The best advantage of new personnel system followed by the new court structure is that it promotes stable judicial job performance without making unreasonable change in the customary personnel practices.
By the way, there is a strong argument that the new system could impede the specialization of judges cultivated well under the old system. This assertion emphasizes that change of system should reduce the number of special cases which used to be allotted to a judge, so that new system may obstruct judges in developing special knowledge on specific cases. But this opinion is not so persuasive, because it is mainly based on an idea that specialization is built only through dealing with as many cases as possible. Specialization is gained through education basically, not just through hands-on-background. And also new system does not necessarily decrease the figure of special cases allotted to a judge, if they adjust the number of divisions in each appellate courts.
Simplifying the dual appeal court system and setting up a sole appellate courts in each province will play an important role in advancing the old judicial system.

영어초록

There have been a lot of discussions in establishing a single appellate court in each province. The core of these discussions lies at two important thoughts. One is that setting up new appellate system helps people appeal against an instant court decision freely, which means it guarantees their access rights to appeal courts. The other is that this system promotes the decentralization of judicial power, which means it guarantees judicial independence.
In addition, the unification of appellate courts with abolishing the existing high courts is accompanied by the positive change of the judge personnel process. The best advantage of new personnel system followed by the new court structure is that it promotes stable judicial job performance without making unreasonable change in the customary personnel practices.
By the way, there is a strong argument that the new system could impede the specialization of judges cultivated well under the old system. This assertion emphasizes that change of system should reduce the number of special cases which used to be allotted to a judge, so that new system may obstruct judges in developing special knowledge on specific cases. But this opinion is not so persuasive, because it is mainly based on an idea that specialization is built only through dealing with as many cases as possible. Specialization is gained through education basically, not just through hands-on-background. And also new system does not necessarily decrease the figure of special cases allotted to a judge, if they adjust the number of divisions in each appellate courts.
Simplifying the dual appeal court system and setting up a sole appellate courts in each province will play an important role in advancing the old judicial system.

참고자료

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