거창양민학살사건의 법적 해결 -관련법의 개정방안을 중심으로-

Abstract

In February of 1951, the Korean Army, who was conducting military

operations against Communist guerrillas, massacred 719 unarmed villagers in

Kochang County in the southeast part of the Korean Peninsula. Even though

they had no justifiable evidence, the Army suspected the villagers of

supporting guerrillas. Almost half of those killed were under the age of 14,

and more women were killed than men. Such killings were not confined to

Kochang area, because the army occasionally abused its power in the course

of military operations during the Korean War (1950-1953).

What made the Kochang incident unique in the Korean War was the

courageous response of the survivors. A delegate from Kochang revealed the

massacre to the National Assembly, and various sectors of the government

sought to discover the truth despite strong pressure to silence them. As a

result, a military tribunal found guilty some of the officers involved. The

Kochang trial remained the only case in which military massacre of

non-combatants had been punished during wartime.

Even after the crime was officially recognized by judicial decision and

governmental report, the atmosphere of anti-Communism and militarism

overshadowed the survivors outcry for restorative justice. The survivors who

argued for full disclosure and reparations were neglected or harassed under the

subsequent military regime. It was not until 1996 (under the Kim Young Sam

civilian government) that the National Assembly passed the Special Act

concerning Kochang Incident (called the Kochang Act). The Act, implemented

by the government, provided funding for memorial works including a memorial