조선총독부 사법관 특별임용제도의 민족에 따른구별과 운용

Abstract

For recruiting judicial officers of the colonial courts in Korea, the Governor General’s ordinance No. 6 promulgated in 1910 by the Japanese Government-General of Korea allowed to appoint qualified judges, prosecutors, or judicial apprentices under the Japanese Court Organization Act, while implementing two ordinances to introduce a special employment system to appoint unqualified persons as judicial officers. According to the ordinance No. 7 of 1910, A Korean who had graduated from the department of law of Imperial University, government schools, or schools designated by the Governor-General could be specially appointed as judges or prosecutors. According to the ordinance No. 11 of 1920, regarding the special appointment of judges of the Government-General’s Court, a person who had been engaged in judicial affairs as a court clerk for more than five years could be specially appointed as a judge of the district court branch. In previous literatures and recent studies on the special appointment system of judicial officers of the colonial court, it was understood that the ordinance No. 7 of 1910 was only applied to Koreans and in accordance with the ordinance No. 11 of 1920, Koreans and Japanese serving as a court clerk were specially appointed as judges. However, the documents prepared in the process of enacting and enforcing the ordinance No. 11 of 1920 and actual cases of special appointments, it is revealed that the understanding and explanation of the special appointment system so far are inaccurate and wrong. In this article, it is explained that the ordinance No. 11 of 1920 established the special appointment system only for Japanese, in other words, through the ordinance No. 7 of 1910 and the ordinance No. 11 of 1920, the Government-General of Korea established and operated ethnically differentiated special appointment system of judicial officers. In addition, this article examined the aspects of the operation of the special appointment system according to ethnic classification through data on academic background, pre-appointment experience, and post-appointment position and promotion.