1951년 거창사건 형사재판의 검토
Analyzing Military Triall of Kochang Massacre in 1951

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서울대학교 법학연구소
법학, Vol.44 No2 pp.179-226
거창양민학살사건자료집증언과 기록거창사건 재판고등군법회의 판결확인
In February of 1951, the Korean Army massacred unarmed villagers in
Kochang county. Such killings were not confined to Kochang area because the
Army occasionally abused its power in the name of anti-guerilla combat. The
uniqueness of Kochang massacre was that only this massacre were exposed to
the public, and prosecuted at the Military Tribunal. Some of key figures were
found guilty, and sentenced to imprisonment.
In this paper, I focus on how the trial could be realized, and how its effect
were. I could happily gather the primary documents from National Assembly to
Military Tribunal, and compiled newspaper materials. Based on such documents,
I tried to describe full contents on the case.
One of my interest in this study was the comparison of truth-finding
competence between the political body and the judiciary. The National Assembly
started to reveal the tragedy, and established the hearing committee. But,
National Assembly could not overcome the concealment of the military. On the
other hand, the judiciary, albeit in the form of the military tribunal, could reveal
how the military falsified its involvement, and fabricated the operation document
itself. This implies that the truth-finding by the judiciary could play a vital role
in truth-finding.
The contribution of Kochang Case to Korean society was that any wartime
massacre didn't happen after Kochang Case were revealed. The expose and trial
of massacre became the bulwark against the abuse of power. Of course, this trial
were criticized in many aspects, but any criticism cannot neglect the necessity
and importance of the trial itself.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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