日帝强占初期 刑事司法制度와 證據裁判主義에 관한 考察: 朝鮮高等法院 刑事判決錄을 중심으로

Abstract

The purpose of this study is to examine how Japanese imperialism could use the system of criminal action to oppress the resistance of Chosun through the consideration of the judicial system of crime, especially evidence system. Therefore, objects considered in this study are the law of criminal procedure of Japanese(1890) that prescribed the system of criminal action and the evidence system etc., the criminal ordinance of Chosun, criminal precedents of the high court of justice of Chosun that applied the above-mentioned law practically. As a result of examination of these law, ordinance and judicial precedents, the judicial system of criminal action in Chosun under the rule of Japanese imperialism had intrinsic problem that, unlike Japan’s own land, couldn’t organize the court ‘by the law’ regulated in the constitution of Japanese imperialism. and it was checked that detailed contents of the criminal ordinance of Chosun also prescribed regulations against the recent principle of criminal action as the device for protection of human right stipulated in the constitution of Japanese imperialism.