1957~1961년 법관 인사 논란과 그 귀결

Abstract

Under Syngman Rhee regime, the judiciary had been threatened with independence. The Progressive Party Affair(진보당 사건) in 1958, the 5.2 general election(5.2총선), 24 crisis(24파동) and the Kyunghyang Shinmun’s Closing Affair(경향신문 폐간 사건) that occurred its extension clearly showed that the judiciary was under pressure from Syngman Rhee regime. In each case, the judiciary had room to exercise a kind of determination in Korean politics. Dissatisfied with this, Syngman Rhee regime tried to exert pressure on the judiciary through the personnel rights of judges. From the above cases, the judiciary was given the role of the last bastion for democracy. However, the judiciary was not so free from the pressure of Syngman Rhee regime. There was an opportunity to revise the judge personnel system, but it was only limited it to the monopoly and oligopoly of the legal elite. In the end, the judiciary was subjugated to the military regime as the military regime, which emerged after the May 18 coup, took control of the judicial personnel system.