소년형사사건과 국민참여재판

• 영문명: Juvenile Criminal Cases and Civic Participation Trials
• 발행기관: 한국형사법학회
• 저자명: 최종식(Choi, Jong-Sik)
• 간행물 정보: 『형사법연구』형사법연구 제20권 제4호, 377~400쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.01.27

영문 초록

Adopting Civic Participation System in the Juvenile Justice has a positive point which can not only have national understanding and trust on the Juvenile Justice but also obtain national agreement and cooperation to make various policies for delinquency prevention and rehabilitation of juvenile delinquents. However, it is necessary that the Juvenile Justice should be considered in terms of protecting juveniles when Civic Participation System is adopted to the Juvenile Justice. Thus, there are lots of points to reconsider and adjust because Civic Participation Trials as a form of the Jury System are not appropriate in the Juvenile Justice. First, there is no exception even in the Juvenile Law in terms of that the criminal justice should be practiced on democratic justice, transparency, fairness, and reliance. For instance, a citizen who belongs to a community can participate in the Juvenile Justice, so that the effective and various systems for the juvenile delinquents can be produced. Therefore, the Juvenile Justice needs a certain type of Civic Participation System unlike adult criminal cases. Second, I believe that Civic Participation Trials as a form of the Jury System are not proper for juvenile protection cases and juvenile criminal cases as well. Third, it is difficult to expect that Civic Participation Trials as a form of Jury System recognize the full reason of protective treatments and send the case to a Juvenile Court. And yet, in the case, the presiding judge and lawyer should explain fully the jury about the Juvenile Law, its meaning, the kinds and contents of protective treatments, and the aim of the article 50 of Juvenile Law. Fourth, pre-sentence inquiry and examination principle should be prepared, adjusted, and added in the System of Civic Participation Trials. Fifth, as for the alleviating measure of death penalty and life imprisonment on the Juvenile Law, the Law of Civic Participation Trials should be revised in order to apply for juveniles from the ages of 14 to 17. Finally, as for the Juvenile Justice, Civic Participation System by Continental mixed Jury System is a lot better than Civic Participation Trials by the Jury System although the Continental mixed Jury System does not have strong points only. Moreover, it has more favorable and advantageous points for juvenile protection and rehabilitation. In the end, I would like to suggest that we had better adopt Civic Participation System by Continental mixed Jury System for the Juvenile Justice, aside from the Adult Criminal Justice.

목차

Ⅰ. 문제의 제기

Ⅱ. 소년사법과 시민참여재판

Ⅲ. 소년법과의 관련에서 본 현행 국민참여 재판의 문제점

Ⅳ. 맺는 말

키워드

소년사법 소년보호 배심제 참심제 국민참여재판법 Juvenile Justice Paternalism Jury System Continental mixed Jury System Civic Participation in Criminal Trials Act