사법부에서 일제시기 관행의잔재와 극복

초록

The judicature during the Japanese occupation took an appearance of modern judicial system. However it served as a device for compulsory occupation rather than as a purpose for protect people's rights. Even though the judiciary had its own independence, it couldn't properly perform it role as it should do because of the policy of the minimum size organization under the proconsul government. Ordinary people couldn't have an satisfactory legal treatment and became aloof from the system while the judiciary staffs enjoyed their authority provided by their scarcity. All the legal problems during the Japanese occupation period rooted from this authoritarian aspect of judicial system that it didn't serve as a legal service provider but as a institution to rule people. The essence of liquidation of old judiciary system during that period lies in the fundamental change in this kind of angles. Without this dramatic turning of viewpoints, people's rights will be continually tramped by bureaucratic authority and monopoly in the dwarfish legal circles.

키워드