반민족행위자의 처벌과 김병로 - 반민특위 특별재판부장의 역할을 중심으로 -

Abstract

The 1st Constitution of Korea included an article that a special Act may be made for punishing those who betrayed her country and collaborated Imperial Japan maliciously. The Special Act against Pro-Japanese Traitors (hereafter “the Special Act”) passed on September 22, 1948. According to the Special Act, the Special Investigation Committee was established in the National Assembly. When the Committee found some criminal cases, it reported them to the Special Prosecutor’s Office with its opinion. The Special Prosecutor’s Office mandated to indict those traitors/collaborators, and the Special Tribunal under the Supreme Court tried those cases. Kim Pyoung Ro, the first Chief Justice of the Supreme Court of Korea, was also chosen as the Chief Justice of the Special Tribunal. His positioning was regarded as the best choice because he had advocated Korean patriots at the Colonial Court, and defeated Japanese pressure to conversion. The Special Investigation Committee faced a variety of challenges despite huge popular support. High-ranking policemen gathered challenging power, and resisted the Committee’s investigating activities. Especially, the President Syngman Rhee opposed the Act, and encouraged the resisting police faction’s activities. On the other hand, Kim Pyong Ro criticized irrational legal reasoning by the President and strongly attacked the President’s abuse of power. The historical task for purifying Pro-Japanese traitors was rarely satisfied. However, Kim Pyong Ro did his best for implementation of the Special Act. Kim Pyong Ro as the Chief Justice of the judiciary maintained the conflicting relationship with Syngman Rhee as the President － the Chief of the Executive Branch. During his term as the Chief Justice of the Supreme Court, he maintained the judicial independence from political pressure.