3.1 독립운동 이후에 있어서의 일본의 법적용과 식민지법제의 변화

Abstract

Main policy of colonial rule by Japan in Korea were suppression for exploitation, obliteration of national characteristics for permanent subjugation and obscurant policy constantly, although it’s been changed according to the periodical situation more or less. The formal concept of rule of law has been the most important menas of colonialism. The colonial law as effective ruling measure has been revealed in various features according to circumstances of times which means national movement and change of colonial policy following economic aspects all through Japanese colonial era. After 3.1 revolutionary announcing ‘Declaration of Independence’, Japanese colonial government has changed its basic domination agenda from ‘government by the bayonet’, so called ‘an iron rule’ to ‘government by the police’, so called ‘a cultural rule’. Nevertheless, keynote of colonialism has not been changed at all, because it’s just been transformed into ‘Devide and Rule’ which stands for deceived colonialism by imperialist countries at that times. That means the basic features of legal system by Japanese colonial government has maintained its original standpoints. Rather the colonial law has forced to eradicate our nation’s language and customs, abolish political and civil rights and discriminate against people governed. This distorted legal system by formalism of the rule of law has influenced on Korean people negatively. Therefore, it’s been burdensome of our government to select and eliminate factors of anti-constitutionalism among our modern legal system after liberation. The history of establishing constitutionalism in modern times of Korea represents process of solving dual problems assigned by Japan and other countries in the occupation era.