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Judicial System under the Japanese rule in Korea

  • DONG-A LAW REVIEW
  • 2007, (39), pp.1-22
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Choi, Kyeong-Ok 1

1청주대학교

Candidate

ABSTRACT

The judicial system is a very important system that is the base of a country. Even now, the prosecution and the police are competing for investigative power in Korea. And heated debates on the introduction of jury system or lay judge system, and adoption of law school system to replace the current judicial examination continue and these matters are to be decided by the extraordinary session of National Assembly in February 2007. To examine how the judicial system has been developed over time in Korea, it is necessary to examine the judicial system under the Japanese rule. The separation of executive power and the judicial power was brought by Kabo Reforms in 1894 in Korea. With the enactment of the Development of Court Act on March 25, 1895, modern court system was established. However, with the establishment of Korean Empire in 1897, executive officers temporarily took the posts of judges and the court system moved backward as of the emperor and higher level executives' control on courts strengthened. After the Japanese occupation, the United States Military Army Government was established. Finally with the establishment of Korean government on August 15, 1948, the judicial branch obtained its independence. The Japanese occupation period can be divided into two; From Eulsa Treaty in 1905 to Japan Korea Annexation Treaty in 1910, and the period after that. The judicial system under the Japanese rule and its effects on Korea are examined in the following. The origin of the power struggle between the prosecution and the police can be found in the Japanese occupation period. This study is a step to find the present from the past.

Citation status

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