식민지에 드리워진 그물 — 조선에서의 ‘법에 의한 지배’의 구축

초록

The legislative system of colonial Korea had the following characteristics. First, several of colonial statutes had multiple ‘sources of law’. Second, the legislative system was developed through both the Great Korean Empire(大韓帝國) and the Residency-General. Third, much of the existing Japanese legal system was transferred to colonial Korea, which laid the groundwork for the legislative power of the Governor-general. Fourth, the Governor-general was entrusted with the authority to issue executive ordinances(制令) carrying legal effect, adding to the arbitrary nature of his jurisdiction. The multilayered and complex legislative structure implemented in colonial Korea was ultimately the backbone of the “rule by law.” The rule by law over colonial Korea was enforced through the overt laws that were clearly stated as well as the covert laws that were not expressly stipulated. The overt laws consisted of the ordinances and regulations issued by the governor-general while the covert laws included the decrees promulgated by the Great Korean Empire and the Residency-General, the laws of Japan, and common law determined by the Central Council of Colonial Korea(中樞院). While the overt laws had a relatively loose structure, the covert laws had a much more detailed and robust framework. It was against this background that the Governor-general was able to firmly establish a system of “rule by law” over colonial Korea.

키워드