법관의 독립성 혹은 법관에 대한 통제

• 영문명: Independence of Judges or Control of Judges
• 발행기관: 한국형사정책학회
• 저자명: 김성룡(Kim Sung Ryong)
• 간행물 정보: 『형사정책』刑事政策 第30卷 第3號, 7~32쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

The Republic of Korea in 2018 will be remembered for its investigations and criminal trials of the abuse of authority by the judiciary. Taking this opportunity, this paper examines the current situation of independence of judges and judiciary and the necessity of control of judiciary or judges in Korea. First of all, the author points out the problem of judicialism, i. e. rule of judge, not rule of law. The problem is that the judge in the supreme court, not the legislator, decides the contents of the law finally, through a decision(stare decisis). In order to solve the current question of abuse of the judicial authority, the author discusses whether the independence of the judiciary is reinforced or whether the control over the judiciary is intensified. According to the author, in order to achieve the independence of the judiciary is necessary to achieve independence in the true sense of the words from the political power. And to become a judiciary with public confidence is necessary to reduce their authority or power by the judiciary and judges themselves. Therefore it is indispensable to control the use of judicial power. The author also emphasizes the importance of education on basic methodology for interpretation and application of law, to prevent the abuse of the judicial power fundamentally.

목차

Ⅰ. 글머리

Ⅱ. 법치주의와 사법부ㆍ법관의 독립성에 대한 평가

Ⅲ. 법원행정처 개혁과 전국법관대표회의의 상설화

Ⅳ. 법치국가와 법관국가

Ⅳ. 법관에 대한 통제

Ⅵ. 맺는말

참고문헌

키워드

사법개혁 사법농단 재판거래 법치주의 법관주의 Judicial Reform Monopoly of Judiciary Trial Transaction Rule of law Rule of Judge