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논문 기본 정보

자료유형
학술저널
저자정보
이국운 (한동대학교)
저널정보
법과사회이론학회 법과사회 법과사회 제29호
발행연도
2005.1
수록면
135 - 175 (41page)

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My aim in this article is to describe the reorganization process of Korean Judicial system under the U. S. Military Government from 1945 to 1948. In spite of the boom of socio-historical research on these years, the judical reorganization process has been ignored or almost forgotten so far. It was the time when the U. S. Military Government replaced the Japanese colonizers and cautiously prepared a new state in the southern part of the Korean peninsula. For the U. S. Military Government, the equipment of independent judicial system was one of the inevitable demands for the new political system, because it was the most distinctive feature of the U. S. Political system itself. Korean lawyers, who had been the inferior group of Japanese lawyers in the colony of CHOSUN, brilliantly used this normative circumstance as a political opportunity for their own political promotion. They repeatedly insisted that they were the only Korean candidates who could keep the constitutional principle of judicial independence. By virtue of this persuasion, the Korean lawyers could replace their Japanese predecessors in the Koreanization process of the judicial system just after the arrival of U. S. troops in Korea in the October of 1945. Moreover, they were able to protect their privileged status in the judicial system against the popular demand of judicial democratization, for instance, the introduction of jury system and the election for the judgeship in the higher courts. Under the new constitutional principle of judicial independence, Korean lawyers could monopolize the judicial power of the new state. It was not the constitutional dialogue in the National Assembly of South Korea but the political bargaining between the Korean lawyers and the U. S. Military Government that decided the judicial infrastructure of the Republic of Korea which started in the August of 1948.

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