한국의 민간인 학살사건 재판연구 －경주 내남면 학살사건 재판사례를 중심으로－ (A Study of trials of massacre in Korea －Focused on trial of Gyeongju Naenam-myeon massacre－)

서지정보

· 발행기관 : 고려사학회
· 수록지 정보 : 韓國史學報 / 39호 / 293 ~ 328페이지
· 저자명 : 이창현

초록

This study analyzes trials of the massacres in Korea. Victims' relatives have lodged a compensation claim against Korean Government since year 2000. A District Court recognized the Korean Government responsible for massacres in Korea, but ruled against the plaintiffs, saying the plaintiffs' right to claim damages had already expired during the 1950's and 1960's. But fair trials could not be done during this time.
Some truth of massacre in Korea was uncovered, some suspects were found guilty of murder and imprisoned on in several court-martials during the Korean War(1950~53). But their sentences were later suspended. For example, on the court-martial of Geochang massacre in 1951 the number of victims was fabricated and suspects(regimental commander and battalion commander) were released after the stay of execution was given because they were given a special amnesty by the president.
Many people in Gyeongju Naenam-myeon were massacred by right-wing association and police substation in Naenam. And Lee Hyeop U(ex-head of right-wing association in Naenam) became a member of the ruling party. One survivor, a marine, raised a suit against Lee to uncover the truth of the massacre in 1957, but Lee used his power to put down the lawsuit. After April Revolution in 1960, the survivors raised a suit against Lee again. As the result, Daegu District Court sentenced Lee to death on 6th March 1961. But After 5･16 Military Coup, the police station arrested the headers of the survivors association under military regime's order, then the survivors kept silence and changed their testimony. So the higher court ruled that survivors' testimony was admissible and ruled Lee not guilty for lack of evidence.

영어초록

This study analyzes trials of the massacres in Korea. Victims' relatives have lodged a compensation claim against Korean Government since year 2000. A District Court recognized the Korean Government responsible for massacres in Korea, but ruled against the plaintiffs, saying the plaintiffs' right to claim damages had already expired during the 1950's and 1960's. But fair trials could not be done during this time.
Some truth of massacre in Korea was uncovered, some suspects were found guilty of murder and imprisoned on in several court-martials during the Korean War(1950~53). But their sentences were later suspended. For example, on the court-martial of Geochang massacre in 1951 the number of victims was fabricated and suspects(regimental commander and battalion commander) were released after the stay of execution was given because they were given a special amnesty by the president.
Many people in Gyeongju Naenam-myeon were massacred by right-wing association and police substation in Naenam. And Lee Hyeop U(ex-head of right-wing association in Naenam) became a member of the ruling party. One survivor, a marine, raised a suit against Lee to uncover the truth of the massacre in 1957, but Lee used his power to put down the lawsuit. After April Revolution in 1960, the survivors raised a suit against Lee again. As the result, Daegu District Court sentenced Lee to death on 6th March 1961. But After 5･16 Military Coup, the police station arrested the headers of the survivors association under military regime's order, then the survivors kept silence and changed their testimony. So the higher court ruled that survivors' testimony was admissible and ruled Lee not guilty for lack of evidence.

참고자료

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