국민참여재판제도의 구조적 문제에 관한 연구

Public participation trial system has been introduced and performed since in January 1 2008 to realize popular sovereignty principle and participatory democracy and also to establish a system improving trust by considering democratic legitimacy and transparency of jurisdiction. Public participation trial system used to be estimated that the system is right to be abolished because of unexpected structural result of the system in the initial stages. But the system has been settled successfully in a short space of time by showing that public who don`t have expertise can judge a criminal trial through the analysis and enforcement of public participation trial system for the past 4 years. Public participation trial system has been implemented for four years and five months, now we need to determine that the final model. So we are being asked to make diligent effort to redesign the system that suit our purpose of introducing the new system through positive method for the problem of public participation trial system in implement. As part of that effort is presenting the improvement plan by examining the way people conduct of the trial, issues related appellate structure, problem related the jury`s advisory verdict, all directly related to the existence of a public participation trial. I hope these efforts create fruits that judical system of the people, by the people, for the people. Meanwhile, supreme court of korea gather opinions from the prosecution, the field of law and academic world to have final decision to choose the form of public participation trial system after arranged the regulation have contents of installing public participation committee and implemented legislation notice on march 23. I think this is really desirable thing. But most important things are public participation can be said of the trial subjects and attention. I look forward the our public participation trial system suitable for our own country.