근대일본의 관료규율 형성에 대하여 ― 1882(명치15)년 행정관리복무기율의 제정을 중심으로 ―

Abstract

This article aims at analyzing the process of establishing Gyosei kanri fukumu kiritsu (Service Code of Administrative Officials) in 1882 which has key importance in understanding the nature of modern Japanese bureaucrats. Based on this code, Kanri fukumu kiritsu (Code of Government Officials) was established in 1887. The later code worked as all-pervasive rule for all kinds of bureaucrats in modern Japan. In that matter, analyzing the 1882 code will contribute to understanding the important aspects of modern Japanese bureaucrats. A political change in 1881 represented an antagonism around modern Japan's state-building, in which English model of constitutioanl monarchy and Prussian model of monarchy being suggested as two major roads to modern state and, eventually, the later being chosen for Japan's way of state-building. Such conflict of antagonistic stances also appeared as to the matter of how to settle the rules governing bureaucrats in the forthcoming modern Japanese state. The conclusion was to posit distance between bureaucrats under monarchy and political parties. Need to regulate bureaucrats emerged from concrete political process. Officials who were dispatched from central government to local administrations felt difficulties in dealing with political parties at local politics. Prefectural assemblies were appealing for general election of county governors, and not only local inhabitants but also local officials gathered around these campaigns. Central government were interpreting these campaigns as parts of democratic rights movements. Under these circumstances, government was urged to feel the need for discipline which would regulate local officials. This need made government insist on the negation of parliamental cabinet, the strong discipline of bureaucrats, and the refinement of governmental institutions, seeking theoretical base in Prussian model of monarchy. 1882 code was a result of such govermental needs, and worked as regulating rule for local officials, and as a tie binding local officials to the Emperor system of Japan.