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Whether to constitute a crime of need under Japanese criminal law applied to Yoo Gwan-soon

Taesoo Kim 1

1한국해양대학교

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ABSTRACT

March 1, 1919 is the Independence Movement. The representative figure of this March 1 Independence Movement is Yu Gwan-sun. On April 1, 1919, when many victims were killed in the process of suppressing the independence movement by force, the Japanese military was sent to the police box with the crowd to protest against the suppression of the armed forces and to treat the victims. Yoo Gwan-soon complained to the Japanese military police, "Why use military force to kill my people when I did what was right to get the Empire back?" and the crowd made a fuss. In response to such actions, the Gongju District Court sentenced Yoo to five years in prison and the Gyeongseong Restoration Court declared him a violation of the law. However, in order to establish the crime of rioting recognized by the Gyeongseong Central District Court, multiple groups must be assembled and assaulted and threatened. Multiple acts of assault and intimidation do not constitute a crime. In order for the crime to be committed, it must be violence and intimidation to the point of harming the tranquility of a province. This goes beyond personal legal interests and punishes them for the dangers of public tranquility and safety. Thus, if not to the extent of harming the tranquility of a province, this is nothing more than an individual assault or threat. Looking at the facts recognized by the Gyeongseong Restoration Court, the assault or intimidation committed by martyrs Yoo Kwan-soon and others at the police station was aimed at protesting against the treatment and suppression of force by the Japanese military police during the independence movement. For such acts to constitute a crime of rioting, they must undermine the tranquility of a province. However, Yoo Gwan-soon and others caused a disturbance at the police station, which did not cause any harm to an unspecified number of lives, bodies or property, and did not intend to do so in the future. Nevertheless, it is necessary to punish Yoo Gwan-soon strongly and to prevent such an independence movement in the future, as he spearheaded the independence movement, including the production of the Korean national flag.

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