일제강점초기 조선의 형사사법구조 - 조선형사령을 중심으로 -

Abstract

This study is intended to examine the criminal procedural system that characterized the legislation of Korea that started with the Japanese annexation of Korea in 1910. The disgraceful annexation of Korea by Japan on August 29, 1910, drove Korean Jurisprudence and legal culture into separating previously modern Reform in law. During the thirty-five years of Japanese rule of Korea, the Korean legal system and jurisprudence became by the Japanese. The 35-year of Japanese rule is generally divided into the period of the law of criminal procedure of Japanese as Meiji era (1912), the period of the law of criminal procedure of Japanese as Taisho era (1922), and the Period of war preparation(1944). But the sphere of the study itself is usually confined to the criminal procedure in the first period. The judicial system of criminal action under the rule of Japanese imperialism had intrinsic problem that, unlike Japan`s own land, could not organize the court 'by the law' in the constitution of Japanese imperialism. The first stage of the colonial modern criminal law system was completed through the Korea-Japan Memorandum on the Delegation of the Administration of Courts and Prisons in November 1909, the Japanese Governor-General`s Ordinance on Penal Matters in Korea in March 1912. The modern law system that the Japanese had established in their country since Meiji Renovation look after the model of the European legal systems such as France and German seemed to come into force in Korea, but it was not fully implemented. That are extension of application of that ordinance, limitation of Korean people`s right of defence, ordinance of medieval flogging, extension of the preliminary inspection, endowment with summary punishment to the police, ect. Especially, the stage of pre-trail preliminary investigation is meaningful for the police and state attorney. Futhermore, the summary punishment to the police is regarded as another accelerated procedural system, which is provided to speed up the process in relation specially to minor offences. This can only be done on application of the police in cases of simple facts.