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6.25의 법적 조명 : 제1세션 ; 6.25의 국내법적 성격 : 제4주제 ; 한국전쟁과 형사법 -부역자 처벌 및 민간인 학살과 관련된 법적 문제를 중심으로- : The Conflict between Power Politics and Legality at the Wartime -on the Collaboration Trials and Massacre against Civilians in the Korean War(1950~1953)-
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- Authors
- Issue Date
- 2000
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.41 No.2, pp. 135-179
- 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...
- ISSN
- 1598-222X
- Language
- Korean
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