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The Problem and improvement plan of Judicial Challenge System

  • DONG-A LAW REVIEW
  • 2017, (77), pp.1-30
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : October 31, 2017
  • Accepted : November 22, 2017
  • Published : November 30, 2017

Hyunwook Cho 1

1건국대학교

Accredited

ABSTRACT

Judicial challenge is almost the only means by which litigants can object to the court's decision, which is considered unfair. Therefore, the low quotation rate can increase the distrust of the judiciary. Since the enactment of the Criminal Procedure Act of 1954, the challenge system has been almost indifferent even though it has not been revised once. The reasons for the low quotation rate of judicial challenge are as follows: First, difficulty of judgment due to abstraction of evasive reason. Second, the problem of provisional regulation. Third, the problem of ensure effectiveness. To solve these problems, it is suggested that establishment of an independent committee called “challenge appeal trial committee”, actively regulating through the typification of reason for challenge, active use of evasion, reduction of adaption regulation and introduction of levy monetary penalties. To restore trust of the judicial system, it is expected that the judicial exclusion and challenge system will be improved in the future.

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