일제하 한국법률가의 활동과 평가

Abstract

This article surveys the Korean lawyers, who were acting as the judges, the prosecutors and the attorneys during the Japanese ruling period from 1910 till 1945. It reviews the careers and activities of about 175 Korean lawyers at that time. I. Korean Lawyers during the Japanese Ruling Period To make access to those many persons, this article classifies them into 6 categories according to the law schools where they studied. The first is the old bureacrats who were not trained in the modern legal sciences. They were nominated as lawyers by the government of the Dae Han Empire(1899~1910). The Japanese Govenor-General of Korea nominated them as lawyers continously to the Japanese ruling period since 1910. They were about 10 persons. Second group is the graduates of the Judicial Officer Training Institue(Bopkwan Yangsungso) established by the King Kojong in 1895. This first Korean institution of legal education was transformed into other names afterwards since 1911. The graduates who became lawyers were about 15 persons. Third group was the persons who studied abroad in Japan rather early. Those who were born before the annexation were about 18 persons. Since the Japanese annexation in 1910, there were four main institutions of legal education:1)Kyungsung Professional College of Law(Kyungsung Bophak Jeonmunhakkyo)The graduates of this college(1922~1945) were 1347 persons. Among them we see about 55 persons, who were acting as lawyers. 2) Bosung Professional College(Bosung Jeonmun Hakkyo)The notable lawyers who graduated from this college were 5 persons like Om Shik, Huh Hun, Chung Chunmo, Chung Kuchang and Lee Hojung. 3) Keijo Imerial University This University(1926~45) produced 714 graduates of law students. Among them, we see 21 lawyers from these alumni. 4) Study Abroad Group The Korean lawyers who studied in Japan since 1910 were about 50 persons. II. Evaluation of Korean Lawyers According to the Gazette of The General Gouverment(Kwanbo) the number of Korean lawyers who were nominated as the judges and the prosecutors during the Japanese ruling period were 484 persons. The recently published Dictionary of the Pro-Japanese Persons(Chinil Inmyong Sajeon) in 2009 contains 185 'pro-Japanese' lawyers. The Act on the Punishment of the Anti-national Collaborators(Banminjok Haengwija Chobolbop) of 1948 prescribes that the high officials over 3rd grade and the prize-receiver over 5 grade must be dismissed from their official posts. However, the current legal professionals could continue to be the judges and the prosecutors, because the American Military Government after the Liberation from the Japanese Ruling ordered them to stay at the current posts. Therefore, the “pro-Japanese” Korean lawyers became, good or bad, the frontiers or the stepstones of the judiciary and legal education in the Republic of Korea since 1945.