일제의 식민지 통치를 위한 사법적 통제에 관한 연구

Abstract

The mechanism of judicial control used as a means of colonial rule by the Japanese Empire, which was confirmed through this paper, is as follows.
 First, the revival of flogging and the immediate resolution of crimes in the early days of colonialism were typical means of punishment in which the threatening colonial rule of the time was reflected in the realm of the judicial control model. Under the pretext of introducing a modern judicial system under the guise of introducing a modern judicial system, Japanese colonial rule was revived as a traditional means of punishment, active use of it, introduction and operation of modern prisons, and active enforcement and expansion of death sentences and executions. It was used as a means of colonial rule to detain and oppress the people who resisted.
 Second, the detention system using colonial modern prisons is characterized by the birth of a group of ‘criminals’ due to the introduction of modern punishment in colonial Joseon in the 1910s, and the active use of pre-modernity in controlling them. This well shows the introduction of the barbaric and formal modernization process that Korea had to undergo as a colony. After opening as Gyeongseong Prison on October 21, 1908, it was used to arrest and detain numerous patriots who resisted Japanese imperialism.
 Third, it is a well-known fact that a significant number of anti-Japanese activists as well as the people of Joseon were executed during the Japanese colonial era. In particular, the death penalty for anti-Japanese independence activists, that is, ideological criminals (political criminals), is sufficient to raise suspicions that the judicial punishment of the Japanese Empire was excessively abused. Furthermore, it was confirmed that the death penalty was used as a means of oppressive rule by the Japanese colonial rule.