사법개혁(司法改革)과 문제점 = Judicial Reform and It`s Problems in Korea

다국어 초록 (Multilingual Abstract)

The atmosphere among the Judiciary, the Administration, court of Justice and the Prosecutory Authorities gets strange recently in korea. The ruling party has been in a bad mood in regard to a chain of events, such as 「Judgment of acquittal on MBC``s PD Notebook Case that put a mad cow illness on the air」, 「Judgement of acquittal on violence committed by D.L.P member, Kang Gi-gap, in the National Assembly, who is against the passage of Media Law」, 「Disclosure of investigation record on Yongsan tragedy」, 「Nullity suit on dismissal of a former KBS president, Jung Yeon-ju」, 「Judgment of nullity on dismissal of YTN union members」, and 「Judgment of acquittal on political statement made by teachers in the Korean Teachers & Education Workers`` Union」, etc. The abovementioned series of judgment go against the political operation and policies of the present Government. Therefore, despite the independence of the Judiciary, the ruling party has shown a sign of controlling and curbing the Judiciary under the name of judicial reform. For this purpose, Grand National Party organized ‘A Special Committee for Reform of the Judicial System``. In fact, these judgements were made by chief judges. As a result, the ruling party considers the establishment of Relegation Decision Department for Arbitration Agreement, which indicates that the party launches into the movement to alter the composition and/or organization of the Judiciary. Meanwhile, the Supreme Court brings forward its own Judicial System Improvement Proposition. But there are voices of criticism that the improvement proposition is just a result of the ruling party``s attempts to undermine the Judiciary. The matters to be covered in this thesis are classified as follows: (II) The section of 「Judiciary Participation System of Citizens」- that has been the core of judicial improvement - deals with the background of introducing the participation system of citizens and their participation in criminal trials; (III) the section of 「Criminal Proceedings Improvement」with ``Prosecutor``s Disposition Not to Institute a Public Action`` and the problems thereof, ``Trial-Priority Principle``, ``Sentencing System`` and the problems thereof; (IV) the section of 「Organization of Court and Appealing System」deals with the Supreme Court and personnel affairs, matters about establishment of appealing department in high court of justice, and ``Privileges of the Predecessors (or the courtesy treatment of the former officers) and the problems thereof; (V) the last section of this thesis makes analytic comments on these judicial system improvement activities.