한국전쟁 전 정치범 양산 ‘법계열’의 운용과 정치범 인식의 변화

Abstract

Once Korean War broke out, there was a huge illegal massacre done by state and the victims had been imprisoned for their political offending record or peoples in preliminary custody because of past record. Now we seek, who they were and why they had to die?The official penology terms define them as “anti-state and immoral left-wing criminal prisoner” and it suggests that this harsh treatment toward them, regarding latent inner enemy in state, was 'inevitable' resolution for security of the rear. How this 'anti-state' and 'immoral' became one compositive phrase like synonyms? Following general semantics, 'anti-state' complies with 'aberzeugungsverbrechen' bearing religious or political motif of commitment. And 'immoral' complies with 'heinous criminal' implying inhumane charge-murder, rape. In spite of that, the then judicial authorities were using this compositive phrase, 'anti-state and immoral' without any matter, and what made it possible?This issue is to define the historical formation of this compositive phrase, “anti-state and immoral' itself. In other words, we daringly retrace track of 'political prisoners; becoming heinous criminal as a whole' in Korean history. And what does 'left-wing criminal prisoner' mean accurately?'Left-wing criminal prisoner' might be 'betrayers, 'red rebel', 'National Security Law violator' or, for general use of this concept, 'rebellious element'. However, no one of these terms can clarify their identity. If so, were they strong 'holder' of leftism throughout their ideology, thought and activity? Or do they include many 'collaborators' throughout those anti-state camp? Rather than above all, this term is neither definable nor fixed one-it is so intangible, insubstantial that 'anyone' can be the one of it and the power holder of that time can put a brand on 'someone'. And this indeterminacy of the term has a potential. At this point, we see this 'branding' was a result of specific judicial procedure. For example, 'Proclamation No.2 violator' and 'National security law's violator' shows by its own naming, these criminal were arrested for their 'violating' commitment against 'the existing public order'. If it is so, now we need to seek what 'the existing public order' contains mainly and why they were-what sort of commitment had been legal basis of the 'violation' at that time. It is, in truth, this work has to be excavation not only legal statues, also actual applications and managements of the law at that time. From above, to retrace a truth beyond this huge illegal butchery driven by its own state, an identity of the 'anti-state and immoral' 'left-wing prisoner' is equal work to research laws which had been manufacturing the political prisoners at the period from United States Army Military Government in Korea to Korean government establishment. This work also do examination of 'law species', a certain group of legal articles, making someone into political prisoner regardless his or her individual political faith or motif and of when, how and why those political prisoner became heinous criminal. This paper firstly tries to analyze 'law species' which was a mechanism of manufacturing political prisoner-Proclamation No.2 during U.S Military Government in Korea. Also it investigates the establishment and the application of National Security Law after government's establishment to pursuit facts of the historical formation and transition of political prisoner cognition. With this, this paper covers following related topics during these two period; the conflicting political prisoner cognition and debate throughout various social groups, the transition of political prisoner's meaning, how this political prisoner cognition drives that massacre to political prisoners in jail just after outburst of war.