일제강점기 사법처분을 통한 독립운동가 탄압 - 범정 장형의 사례를 중심으로 -

Abstract

Unfortunately, although there have been a lot of researches on Korean independencemovement, the truth is that studies finding judicial struggle in colonial period are insufficient. The legal battle in the courtroom must be reviewed because lawsuit against colonial ruler is another form of ideological fight as itself for justifying philosophical and ethical ground. In the phase of Japanese rule, Japanese government enacted several laws, such as the Security Law, the Police Offense Punishment Regulation and the Public Peace Maintenance Law, so as to rule over Korean forcefully. But Japanese colonial judiciary has applied other criminal felony like murder, fraud, robbery and larceny, to punish independence leaders, soldiers and protesters for suppression of the uprising. Especially, many movement activists who were in chare of fund raising had been put in jail for committing fraud and larceny. Mr. Jang Hyung, who has raised money for liberation in the country and Manchuria since 1919, was punished two times by Japanese colonialists. But it was obviously unfair trial through applying legal issue judging by the trial process and fact relation. Ultimately, judicial action against Mr Jang was not by judicial trial but by political trial. It was nothing more than one of the act of colonization rule showing injustice and coercion against Korean independence movement under the guise of legitimate procedure for maintaining unlawful occupation.