사법권력의 증대와 통제

다국어 초록 (Multilingual Abstract)

As the authority and the role of the judicial power have increased all over the world, the judicial power in the democratic country has been playing very important roles as the right guardian or the conflict resolver, but also the policy decision-maker. In South Korea as well, the judicial power is being magnified as a significant performer over its authority and role have enlarged after the democratization in 1987. These changes are creating new tasks for how we check the judicial power. The recent active discussions for the ensuring accountability of the judicial power and the actual efforts by many countries to provide institutional politics for the judicial power control can be seen all as correspondence for the increasing authority of the judicial power. This is full of suggestions to Korean situations with a high public distrust about the jurisdiction by continued the judicial bureaucracy system. Therefore, this study theoretically determined that the judicial power in the modern democracy is a subject to appropriate control, same as the legislative and administrative powers, and tried categorizing of control. It firstly looked the development possibility of the modern democracy when the stable operation of constitutionalism is a prerequisite of it with the relationship between them as a central figure, then it analyzed the phenomenon of escalating the role and authority of the judicial power in democracy. As a response, moreover, this paper investigated cases for the introduction and reinforcement of the institutional strategies to spread awareness for the need of the judicial power control and to control the judicial power. Based on these, it classified the type of control for the judicial power in order to contribute to the system reformation discussion for the proper control system arrangement of the judicial power.