6.25의 법적 조명 : 제1세션 ; 6.25의 국내법적 성격 : 제4주제 ; 한국전쟁과 형사법 -부역자 처벌 및 민간인 학살과 관련된 법적 문제를 중심으로-

Abstract

Whether and how can the value of the rule of law be alive at the wartime?

The Korean War was really a total, and multinational war, which caused

millions of soldiers and civilians to be killed and damaged. The value of

human dignity at the time of massacre might as well be endangered much

more than usual times. At the wartime, legislative laws might face the

challenge from, or be overcome by, the emergency ordinances enforced by the

executive, or the military. Now, my interest lies in the conflict between the

executive orders and the legislative laws, and its implication to the rule of law

in Korea. I reveal such conflict by the analysis of The Special Ordinance for

Measuring the Specified Crimes under the Emergency Period[Hereinafter, called

the Ordinance], The Act for Punishing Collaborators at the Wartime

[Hereinafter, called the Collaboration Act], and The Act for Prohibiting

Private Lynch[Hereinafter, called the Lynch Act]. The final purpose of this

paper is to evaluate the judicial-legalized killings, and the killings as abuses

of power by the military and para-military organizations.

1. The Ordinance came into force on June 25, 1950, at the very date when

the Korean War broke out. The purpose of the Ordinance was to punish

severely, and promptly, the anti-state or anti-humanistic crimes under the

state of emergency. Under the Ordinance, the penalties from death to

imprisonment not less than ten years should be imposed upon the offenders in...