국가폭력에 대한 법적 책임 및 피해회복 -5.18 민주화운동의 법적 해결을 중심으로-

Abstract

May 18th is a symbolic word for the struggle between military

dictatorship and civilian protest in Korea. In 1980 the military committed a

coup to come into power, suppressed the citizen's uprising, and led to bloody

massacre. Seventeen-years' struggles have been made to find the truth of the

incident and to punish the military ringleaders. It was at May 18th Trials in

1996 where the military leaders, including two former presidents, were found

guilty of treason and massacre.

Serious legal issues were under hot controversy at the stage of May 18th

Trials: If a Coup d'etat were victorious, how can it be prosecuted? Did the

Kwangju Trial violate the constitutional prohibition against retroactive

punishment? Who is accountable for the massacre in Kwangju?

The transition to democracy required an open enquiry of past human rights

abuses. The urgent question was raised: how to deal with civilian massacre in

Kwangju. At least five guiding principles for the resolution of Kwangju

massacre were declared and carried out: truth, justice, compensation,

honor-restoration, and commemoration. Without the Kwangju solution, without

any advance in dealing with the past abuses of older times. Now, Kwangju

serves as a guide to what and how other cases wish to follow.