jury trial & citizen participation trial

소개

“Participatory democracy” has been one of the words most reputedly mentioned among various social entities these days. The extension of social and various values has caused the existing system of representative democracy does not match the will of the people of the country. And the rigidity of bureaucracy, the Congress’ lack of expertise has faced their limitation to satisfy the needs of many citizens. Thus, participatory democracy has been lively debated in modern society, which includes legislative involvement, administrative participation, and judicial involvement as the form of national decision making process.

목차

Table of Contents
I. Citizen Participation Trial as the Expression of Participatory Democracy

II. Background of Public Participation in the Trial
1. Background of the reformation of judicial system

2. Background and expected effects of citizen participation on trials
1) Background of the participation system
2) Effects of the citizen participation on trials

3. Case study- the US jury trial
1) Overview of basic rules
2) The evaluation of the US jury trial

III. Current Status of the citizen participation in trials in Korea
1. The introduction and public participation process of trials
1) The introduction process of the participation system
2) The process of the participation system

2. “Act of Citizens Participation in Criminal Trials”
1) The contents of the Act
2) The features of the Act

3. Assessment of the public participation in trials
1) Implementation status
2) Status of the jury
3) The consistency of the jury verdict and court’s ruling
4) Appeal

IV. Conclusion

본문내용

I. Citizen Participation Trial as the Expression of Participatory Democracy

II. Background of Public Participation in the Trial
1. Background of the reformation of judicial system
2. Background and expected effects of citizen participation on trials
1) Background of the participation system
2) Effects of the citizen participation on trials
3. Case study- the US jury trial
1) Overview of basic rules
2) The evaluation of the US jury trial

<중 략>

1. The introduction and public participation process of trials

1) The introduction process of the participation system
In Korea, prior to the 21st century, there was no discussion about the citizen participation in trials. In 2000, professor Park Hong Gyu claimed the introduction of the participation system through his book, “trials by citizens.” And attorney Cha Byeong Jik and Park Won Soon has been presented the system as the direction of judicial reformation. In February, 2003, the Supreme Court introduced the initiative of the system. Since 2003 to 2004, the Judicial Reformation Department of the judiciary set the jury trial as agenda and discussed about it, and in 2004, the department suggested jury trial.

참고자료

· <Articles>
· Lee Jong Soo, 2003, Constitutional Review of Participation of Citizens on the Judiciary
· Gwonyoungseol, 2003, Debate on the Constitutional Issue on the reformation of Jury trial
· Haninsup, 2009, Review of the Implementation of Jury Trial in Korea
· Yibalrae, 2008, Public Participation in Trials and Human Rights Law
· Hansanghoon, 2005, Korean Jury or Court System seeking Public Participation in Trials
· Joseongje, 2008, Jury trial to the Realization of National Sovereignty
· <Books>
· Gimdusik, 2005, the Picture of the Constitution, Gyoyangin
· Angyeonghwan, 2005, Jury trial and Citizen Participation, Jipmoondang