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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2011.12
- 수록면
- 191 - 239 (49page)
- DOI
- 10.35505/sjlb.2011.12.1.3.191
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초록· 키워드
오류제보하기
The jury trial system in the criminal cases was firstly introduced on January 1, 2008 as an experimental version under restrictive enforcement. After a trial-run during 5 years, we will establish a steady system of Korean jury trial. This article reviews the achievements and experiences of the passed 4 years and makes suggestions concerning some important issues.
Most importantly, I suggest that our model should be more familiar with the essentials of the original jury system, although the current version is a compromised one between the jury system and lay judge system.
Instead of the current way that the defendant can choose whether jury trial or ordinary trial, mandatory jury trial system should be anchored and be applied in the most part of felony cases. And the jury verdict should be given a binding effect.
Concerning sentencing opinion of jurors, it is desirable that the authority of jurors is limited to the verdict of guilty/not guilty, and that the judges should pursue an appropriate sentencing under the sentencing guideline system.
Finally, it is needed to limit appeals against the jury verdict, especially the prosecutor’s appeal against the verdict of not guilty. To make the jury trial system active, we have to discuss about the reform of appeal court’s trial system.
Most importantly, I suggest that our model should be more familiar with the essentials of the original jury system, although the current version is a compromised one between the jury system and lay judge system.
Instead of the current way that the defendant can choose whether jury trial or ordinary trial, mandatory jury trial system should be anchored and be applied in the most part of felony cases. And the jury verdict should be given a binding effect.
Concerning sentencing opinion of jurors, it is desirable that the authority of jurors is limited to the verdict of guilty/not guilty, and that the judges should pursue an appropriate sentencing under the sentencing guideline system.
Finally, it is needed to limit appeals against the jury verdict, especially the prosecutor’s appeal against the verdict of not guilty. To make the jury trial system active, we have to discuss about the reform of appeal court’s trial system.
목차
Ⅰ. 서론
Ⅱ. 국민참여재판의 시행 성과
Ⅲ. 문제점 분석 및 향후 과제
Ⅳ. 맺음말
참고문헌
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