국민참여재판에 있어서 평의 및 평결의 독립성 확보에 관한 연구

• 영문명: A Study on guaranteeing the Independence in Civil Participation on Criminal Trial's Deliberation and Verdict
• 발행기관: 한국형사법학회
• 저자명: 도중진(Toh, Joong-Jin)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제1호, 407~443쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

Judical Reform Committee under Supreme Court devised and activated the Civil Participation in Criminal Trial and analysed the Results of it. In 2013, Korean form of Civil Participation on Criminal Trail is just to start. It is a great meaningful criminal justice that Civil Participation on Criminal Trial can guarantee the democratic justification of criminal justice, reliability on the criminal justice, and can reflect on different thoughts and common sense in trial. Also, it can assure the Defendants' Human Rights with a fair and prudent trials in Constitutional Law. Under circumstances mentioned above, this Study is to guarantee an Independence in Verdict and Deliberation and to standardize the Judge's explanation. To introduce an Independence secure, I studied the diverse form of Jury in U.S., Germany and Japan and how it works and influence the Verdict and Deliberation. After that, I analysed the Criminal Trials in these countries and suggested the Implement of Jury in Criminal Trials in Korea. This study would give a Legislative and Political Suggestion on Independence in Civil Participation in Criminal Trial : Standard of Judge's explanation of the case should be needed to avoid the double explanation, and should guarantee the participation of involved parties to keep the fairness of the trial. Second, the number of Jury should be large enough to apply the opinion of ordinary people and should conclude the Verdict through the reasonable discussion and Deliberation. Third, the Verdict of Jury should be decided by 'absolute Majority', not by 'Majority'. Fourth, deliberation of Jury should be veiled til the end of trail and Jury should not be exposed either. Fifth, the period of trial should be long enough to deliberate the case and the use of term in criminal justice should be purified in the process of Judge's explanation and the whole trial. Sixth, Jury's Verdict should have a binding force to guarantee the democratic justification of criminal justice, reliability on the criminal justice.

목차

Ⅰ. 서론

Ⅱ. 국민참여재판의 개요

Ⅲ. 재판장 설명의 현황과 개선방안

Ⅳ. 평의 및 평결의 현황과 개선방안

Ⅴ. 결론

참고문헌

Abstract

키워드

국민참여재판 평의평결의 독립성 Civil Participation on Criminal Trial Independence in Criminal Trial's Deliberation and Verdict