새로운 전문법원의 설치 가능성에 관한 연구

초록

In modern times, as the judicial environment changes rapidly due to economic growth, rapid development of various fields, and complicated legal disputes, the judicial functions previously performed by the judiciary do not function properly, and as a result, the people's right to claim a trial is not sufficiently guaranteed. Although the institutions responsible for judicial functions are diverse and specialized, the courts are the representative state agencies responsible for judicial functions to guarantee the basic rights of the people in the rule of law. The judicial function performed by the courts appears directly through the judicial function. Therefore, it can be said that the specialization of the court means the specialization of the trial. As an alternative, judicial functions will be more practically implemented if all cases are tried by professional judges in specialized courts specialized for each dispute rather than uniformly in general courts. Courts must not only make a fair trial in a neutral position for disputes under their jurisdiction, but also must have the professional ability to handle disputes quickly and efficiently. The right of the people to a prompt trial is secured by the expertise of courts or judges. As such, the judicial function is a state function that must converge on the guarantee of the basic rights of the people through judicial procedures, and in order to do so, the judiciary should no longer become a regressive institution that can only deal with formal cases. As long as conditions permit, it is necessary to establish various specialized courts, and the specialization of judges in the operation of these specialized courts should also be premised. Through this, the court should enhance the professionalism and reliability of the trial and more faithfully guarantee the people's right to trial. This is the way to substantially guarantee the right to claim a trial under the constitution. In connection with the introduction of specialized courts, the judiciary should not only strive to establish new types of specialized courts to substantially guarantee the people's right to claim a trial, but also expand the establishment of additional specialized courts in Seoul to close the regional gap in court access and judicial services, which are pointed out as shortcomings of specialized courts. In addition, the establishment of the maritime court should first clarify the scope of the right to judge, that is, which case to judge, and then consider where the establishment will function as a specialized court and contribute to guaranteeing the people's right to claim a trial. After that, after the newly established maritime court was successfully settled, it is possible to consider establishing additional maritime courts in other regions according to demand, just like the rehabilitation court.

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