일제 강점기 일본경찰 고문에 대한 연구

Abstract

The basic principles of the Constitution are stipulated in Article 12 of the Constitution so that they can be implemented in practice through the Criminal Procedure Act. These include the basic principles of criminal procedures, such as the due process principle, warrant principle, prohibition of torture and coercion of unfavorable statements, the law of exclusion of confession and the law of reinforcement of confession, and the notification and notification system of reasons for detention, etc. However, the Japanese police tortured Yu Gwan-sun severely, including hanging her from the ceiling. At the time of his arrest, the stab wound to his side had not been treated and the flesh had rotted away to the point that his hands were bloody. Due to daily beatings, untreated wounds, beatings, and long-term torture, his bladder ruptured and his body deteriorated. Due to the back wound he received in the Manse Movement and the beatings and torture in prison, his bladder ruptured and his body rotted, but he was still considered a felon. The prison’s treatment of him without treatment was the deciding factor that ended his short life. https://namu.wiki (Namu Wiki). It may be a bit difficult to consider the reality at that time in the current legal system, but if you look at it from a historical and criminal law perspective, it is clear that harsh treatment during the investigation process stipulated in criminal procedures and confessions made in illegal circumstances did not serve as evidence of guilt. In addition, the fact that a confession cannot be used as evidence of guilt and punished when it is the only evidence against the defendant was not observed, even though it must be observed to guarantee the right to defense of the suspect and the accused. As mentioned above, I had an indirect experience of violation of basic rights through the death of martyr Yu Gwan-sun. We should not forget that, like martyr Yu Gwan-sun, he was tortured without being guaranteed his basic rights and unable to fully exercise his right to defense as a party. Ji-Hyeon Kang, Hae-Won Kim, Public Law Studies, Volume 22, No. 1, February 2021. In the end, it appears that the Japanese police’s torture of martyr Yu Gwan-sun violated Article 12, Paragraph 1 of the Constitution and Article 309 of the Criminal Procedure Act under the current law. It is presumed that the torture of Yu Gwan-sun at that time involved harsh acts such as an all-night investigation and verbal abuse. This violated human dignity, value, and the right to pursue happiness, and an unfair sentence was imposed due to false confessions through assault and harsh acts during the investigation. It is clear that he received . Acts such as torture constitute illegal acts and there is an obligation to compensate for damages. As explained above, it is clear that the Japanese police violated the ban on torture and violated the constitutional provisions guaranteeing the right to refuse to make statements.