식민지 조선과 치안유지법의 적용 —1926‧27년을 중심으로—

Abstract

This paper aims to analyse how the Public Peace Maintenance Law had been applied to the Chosun colonial society. For this purpose, I have examined 19 judicial cases allegedly infringing the above mentioned law including the decision of the preliminary and the first trial of Jeong Jae-Dal(who had been arrested for the Korea Communist Party organization case) and judgements on the 14 cases in 1926 and 1927. In spite of strong voice supporting the strict and active application of the Public Peace Maintenance Law immediately after its enactment, there was no certain canon until 1925 whether to apply the Royal Edict No. 7 or the Public Peace Maintenance Law to independence-relating cases. In the case of an independent movement by nationalists in 1926, we can find a logic that the independent movement in Chosun meant an effort to convert the national polity. But this kind of logic was far from applying to every similar case. Each case was judged according to its nature and character. It was noticeable that the logic of converting the national polity was never applied to independent movement based on socialism, Instead, it was applied that the Public Peace Maintenance Law which provided a basis for the denial of the private ownership system. After 1927 decision of the court did not specify whether the accused acted contrary to national policy or against the private property system. Besides there was tendency to extend the Public Peace Maintenance Law. The cases against the Public Peace Maintenance Law were increasing to the extent of applying to the case which was not appropriate.