The judge by Constitution of the Republic of Korea and Court Organization Act, in principle, has been appointed among judicial trainees who have completed a whole course in Judicial Research & Training Institute or persons who have finished his military duty after judicial training. This System, however, has a several of problem: ① judges are so youthful or unexperienced that bring citizen’s distrust for the criminal system, ② judicial administration are being bureaucratized, ③ it bring midstream resignation of judge or privileges of former post, ④ it bring the increasing of personal management work.
These problems are argued about calling ‘unification of legal professional community’ by the Presidential Committee on Judicial Reform(PCJR). PCJR voted for ‘unification of legal professional community’ that is appointed veteran of attorneys to a judge.
This study is considered about The Developing Process of Appointment Method of Judge and its Improvements. Following are matters relevant to this subject.
First, the number of judge is needed to be increased drastically and the judge-appointment of attorney, at once, is needed to be increased positively. When the work overly increase, a judge lose his judgement or justification as well as appointed attorney to judge is difficult.
Second, drastically increasing judge have to be given better treatment to the judge, in addition, it has broad pool of the Attorneys Pool. If a rate of attorney keeps, it brings about disparity of salary between the experienced attorney and the judge.
Third, the appointment of judge needs improvement of appointing process. Even if it introduce unification of legal provisions, a appointed manager elect on his own responsibility and select only conservative attorney.
Fourth, it has needed reinforcement and stability of the community judge system. By the way, the community judge system is concerned about a close relationship with natives, thus it has to be asked a general plan.
Fifth, it is necessary to review review about Open Positions System to choose the best qualified individuals.
Sixth, it, at the same, is considering citizen’s participation in
법관 임용방식의 발전 과정과 개선 방안
|Series Title; No||KIPA 연구보고서 / 2007-20|
|Subject Country||South Korea(Asia and Pacific)|
|Subject||Government and Law < Public Administration
Government and Law < Laws and Legislation