사법개혁과 개헌 방향에 대한 헌법적 관견

Abstract

Since the enactment of the current constitution, our society has undergone many changes, and there has been a considerable gap between the constitutional norms and the constitutional reality. Reflecting this reality, political parties including the National Assembly are constantly discussing constitutional amendments. It is necessary to secure the efficiency, stability, continuity, and accountability of the state by reforming the power structure, which is the main cause of the state confusion in the turbulent domestic and foreign environment. Therefore, the revised constitution should contain the design for the national stability, prosperity and sustainable development of the Republic of Korea in the future. In order for a successful constitutional amendment to take place, first of all, the active participation of the sovereign people and the securing of democracy through the public debate led by the National Assembly, which is the representative agency, should be given priority. In order to do this, it is necessary to accurately diagnose the problems of the current constitution, which has been claimed by various experts such as the National Assembly and civil society, and to consider the various interests surrounding the amendment of the constitution. The reason why the judicial reform, which has been tried several times by the active efforts of the political party and sometimes at the request of the judiciary, has ended without great achievement is that the people's expectation and desire for judicial reform, the direction of the reform that the political party thinks, The main reason is that the contents of the reform are different. In the end, in order for judicial reform to be a real reform that conforms to the essence of the judiciary, it must be a reform that is appropriate to the needs and standards of the sovereign people, and at the same time, the judiciary itself recognizes its necessity. Furthermore, while the human rights and fundamental rights of the people are protected and respected through fair and neutral trials under the constitution and laws, the ultimate direction and goal of the constitutional amendment should be to decide and enjoy their lives as freely and equally as possible.