국민참여재판에서 배심원후보자 기피신청절차 개선방안 연구

Abstract

Historically the evolution of the English jury from the middle ages to the french revolution caused the jury trial right to become the antimonarchist movements on the world. In Europe the jury trial was replaced by other models of lay adjudication. Especially Germany utilized a mixed court comprising a panel of one professional judge and two lay assessors collegially deciding all matters of law. In America the current jury selection procedures are guaranted by the amendments to the constitution and producing jury panels by the vior dire process. The prospective jurors without impartiality may be challenged for the cause or peremptory. The use of peremptory challenges is scrutinized to result in decreased legitimacy for the criminal justice system. From ancient times the court has been involved in the Jury Selection Procedure. It is quite right for the judge to controll the process of the jury selection. However it happens frequently that the judge would erroneously decide the use of challenge for cause or a peremptory challenge. Nevertheless during the Korean National Participation in Criminal Judicial Process it is insufficient or lack of appeal procedures in the challenging system. Therefore in Korea``s Jury Trial System it might be proper to strengthen the appeal procedure for the litigants. Thus the procedure should be reformed if the judge``s erroneous decision about the use of a challenge for cause or a defendant fails to cure a cause error with an available peremptory challenge. As a result it is important to increase the effectiveness of questioning in exposing prejudiced jurors. Then that kinds of reformation ways would serve for securing the impartiality of the Korean jury selection system and acquiring a more credibility of the Korean lay participation system.