전시체제기 「수출입품 등 임시조치법」과 부속 법령에 관한 검토

Abstract

This study attempted to review Joseon’s legal system and its subordinate statutes, focusing on ‘Act on Measures Concerning Imported and Exported Goods (Act 92)’ which was promulgated on September 10, 1937 for the purpose of controlling international trade as a part of goods control during the wartime period. This law was implemented prior to the State General Mobilization Law (Act 55, April 1, 1938). In the beginning, it was promulgated as an exceptional measure after the outbreak of the Sino-Japanese War with a goal of controlling imported and exported goods. With the enactment of this act, the ground for the war-footing economic policy was established. In this sense, this statute is deemed as the origin of restrictions on the use and manufacture of goods during the wartime period. Due to the protraction of the Sino-Japanese War and continued balance-of-payments deficit, however, it was not possible to keep the law as a temporary provision. Under these circumstances, ‘Government-General Ordinance’ concerning the production, distribution and consumption of goods enacted based on the statute was promulgated. In particular, ‘Import/Export Permit Rules (Ordinance No. 153, Oct. 11, 1937)’ in Article 1 specified restricted or banned items, clearly stating that they would not be imported or exported without a permit from the Japanese Government General of Korea. In just about a month after the enactment of the ordinance, the first amendment (Nov. 9, 1937, Ordinance No. 177)’ was implemented. The act was amended 16 times in total until July 1940. With the protraction of the war, the scope of control extended from raw materials and industrial items to even regular supplies through such frequent statutory amendments.