만주국 치안관계 법령과 조선독립운동

Abstract

This study has three main objectives. First, we examined the enactment and operation of the Manchukuo‘s law on public order, ‘Suspension of the Law on Punishment of Traitors’(暫行懲治叛徒法), and its relationship to the Korean independence movement. Second, it examined the process by which Manchukuo acquired the right to try Koreans in Japan. Thirdly, it identified when and under what Manchurian laws Korean independence activists were punished in Manchukuo and analyzed the relationship between the Manchukuo ‘Public Peace Maintenance Law’(治安維持法) and the Korean independence movement. After the founding of Manchukuo, the Japanese government prioritized security and stability in Manchukuo. Based on the judicial system of the People‘s Republic of China, Japan began to operate the judiciary in Manchukuo through the ‘Provisional application of former Acts’(暫行援用從前法令). Laws closely related to law enforcement were Suspension of the Law on Punishment of Traitors and ‘Temporary Law on the Punishment of Banditry’(暫行懲治盜匪法), both promulgated in March 1932. In December 1941, Manchukuo promulgated the Manchukuo Public Peace Maintenance Law, which referenced Japan Public Peace Maintenance Law and incorporated the previous two laws. Japan used the Manchukuo Public Peace Maintenance Law in its judicial system to control security in Manchukuo starting in 1942. While Suspension of the Law on Punishment of Traitors and Temporary Law on the Punishment of Banditry could punish foreigners, until December 1937, they could not punish Korean citizens who fought for independence because of their extralegal status. Japan claimed the nationality of the Koreans as Japanese, regardless of whether they were naturalized or not. Even though the extraterritoriality was abolished, the Japanese still could not punish Koreans involved in the independence movement under Suspension of the Law on Punishment of Traitors. This is because the Korean independence movement was an act of denying the ‘Japanese state’ under the Japan Public Peace Maintenance Law, not the ‘national constitution of the Manchurian state’ under Suspension of the Law on Punishment of Traitors. At the time, the Peninsular Warfare Act had the weakness of not being able to punish the Japanese nationality of the Korean people for disorder and the Korean independence movement. Article 1 of the Manchukuo Public Peace Maintenance Law of December 1941 was an act to change the sovereignty of Manchukuo by disrupting the control of the Emperor of Manchukuo based on the foundation of ‘Manchukuo- Japan were of one mind’(滿日一德一心) and ‘Manchukuo-Japan were inseparable’(滿日不可分). Since the Korean independence movement denied the Japanese nation-state, it was also able to disrupt the foundations of Manchukuo-Japan were of one mind and Manchukuo-Japan were inseparable. As such, the Korean independence movement could also transform the Manchu state. Japan’s massive suppression of religious organizations in Manchukuo between 1942 and 1943, known as the ‘Imo Gyobyeon’(壬午敎變) was one of the events of the Korean independence movement that was subject to the Manchukuo Public Peace Maintenance Law. This allowed Japan to suppress and try the Korean independence movement in Manchukuo through the Manchukuo judicial system.