일제하 조선에서 법학의 교육과 연구

Abstract

In this study, the jurisprudence of the Japanese colonial era was analyzed in terms of education and study. In Korea, modern jurisprudence was introduced as a practical learning to produce working-level officials. In 1910, the Japanese Government-General of Korea changed the law school to ‘Gyeongseong Junsoo School (subsequently, it was changed to ‘Gyeongseong Law College’) with intent to produce low-ranking administrative officials, bank clerks and office workers instead of the judiciary. With the slogan ‘Japan-Korea Annexation’, the Japanese Government-General of Korea aimed to train the workforce to pursue duties and practical interests over rights and rationale. Its plan proved successful in general; most of its graduates became court clerks or subordinates or police officers, and some of them worked at financial companies or regular corporations. In addition to Bosung College performed the same function as a private school. With respect to facilities, enrolment and employment, however, it was not named on the same day with Gyeongseong Law College. Nevertheless, most of its graduates were hired by the Japanese Government-General of Korea or its affiliated agencies. In brief, jurisprudence, taught by college of those days, was focused on practical, technical knowledge, and entrance into such college is linked to being low-ranking officials or legally enlightened clerks. The Division of Law and Literature, newly established in 1926 at Gyeongseong Imperial University, opened a new prospect in law education. Most of its graduates became low-ranking administrative officials, but a few of them made their way into the bureaucracy through the administrative examination for high-ranking civil officials. At this, the university reformed the curriculum and completely supported the division to enhance its position. The institutions of higher education were ranked based on the number of applicants who passed the administrative examination for high-ranking civil officials during the colonial period. Gyeongseong Law School made much importance of the examination, but could not afford a curriculum reform and support. Instead, it opened some new classes in 1937, being conscious of the state bar examination. Bosung College had to take up with exemption from the prelim of the administrative examination for high-ranking civil officials. Meanwhile, jurisprudence as a study had to wait for Gyeongseong Imperial University to be founded. There had been some professors whose treatises were published in school magazines and, by extension, in academic journals, but such treatises were regarded as individual outcomes, not collective outcomes; specifically, their outcomes could not lead to the creation of Korean academia. The foundation of Gyeongseong Imperial University has made it possible for the first time to reproduce studies. The academia was created at last after much meandering, but the problem was it was being led by Japanese. Rising scholars from Gyeongseong Imperial University sought solutions in Bosung College that was dreaming of a new university. However, the subsequent war and independence made the day when jurisprudence would be developed into a study a long way off.