한국과 일본에 있어서 시민참여형 형사재판의 실시 현황과 개선방안 = Present Status and Improvement of ``participatory criminal justice system`` in Criminal Trials in Korea and Japan

다국어 초록 (Multilingual Abstract)

``The participatory criminal justice system`` in Korea and Japan has sought to learn the fine American jury trial system and the German schoffengericht system. The public participation trial in South Korea has performed since January 1st, 2008. But, it is temporary system, for five years, until 2012. And the system is quite incomplete and unfinished yet, compared to Japanese`s. South Korea will adopt a new system in 2012. Now, it is important to compare Korean system with the Japanese system which is ``the people`s assessors in trials``. So, we will discuss about ``the people`s assessors in trials`` in Japan, and find more improved system. About Korean public participation system and the court procedures, the 2012 bill for the new Criminal Procedure Act and the public participation in trial is being revised. There are some important problems in Korean ``participatory criminal justice system``. First, court`s reject decision is too abstract. Second, the effect of jury`s verdict is just advisory. And the last is that prosecutors can appeal even when defendants are found as not guilty. We suggest that the system should be revised as similar to the American jury trial system. Thus, in conclusion, we should adopt the binding force system of jury`s verdict and the restriction system of prosecutor`s appeal when defendants are not guilty. And we should make ``the participatory criminal justice system`` a required procedure.