제헌국회의 반민특위법 쟁점 토론

• 영문명: Political Controversy over the Law for Punishment of Pro-Japanese in the Constitutional Assembly, 1948
• 발행기관: 한양대학교 수행인문학연구소
• 저자명: 박찬승(Park Chan-seung)
• 간행물 정보: 『수행인문학』수행인문학 제37집 제1호, 165~209쪽, 전체 45쪽
• 주제분류: 인문학 > 기타인문학
• 파일형태: PDF
• 발행일자: 2007.05.30

영문 초록

After the launching of the Korean Government, the Constitutional Assembly immediately began to debate the making of the law for the punishment of the pro-Japanese people from August 16th. 1948. The debate over the law for the punishment of the pro-Japanese had already been made by the Interim Assembly in 1946. The Interim Assembly made a special ordinance for the punishment of the pro-Japanese. Interim Assembly classified pro-Japanese persons into traitors and collaborators, and made the levels for punishing them. However, the ordinance could not be executed because the United States Army Military Government ignored it. The bill submitted by a committee of the Constitutional Assembly in 1948 was almost the same as the special ordinance for the punishment of the pro-Japanese made by Interim Assembly in 1946. However, lawmakers had many acrimonious disputes about various issues. The first issue was the problem of who should be punished. Somebody argued that all of the officials who held high ranks should be punished. But others argued that only those officials who actively collaborated with Japanese should be punished. After the lawmakers agreed that members of the nobility who gained the peerage from the Japanese Government and top level officials should be punished. They also agreed that low level officials who actively collaborated with Japanese should be punished as well. Another issue was how to punish the pro-Japanese persons. Lawmakers agreed on the means of imprisonment. However, they could not easily arrive at agreement on the issues, for example, the death penalty, confiscation of property, expulsion from official position, forgiveness for repentance and so on. After the intensive debate, they arrived at an agreement that the death penalty, confiscation of property, and expulsion from official position should be restricted to a few people, and that anyone who truly repented could be absolved. The lawmakers’ debate in Constitutional Assembly was a process of compromising between the hard-liners and moderates on the issues of pro-Japanese. The hard-liners were a younger group with some 30 lawmakers, leading the process of legislation of the law for the punishment of the pro-Japanese.

목차

Ⅰ. 반민법 제정 이전 ‘친일파 청산’을 둘러싼 논의

Ⅱ. 반민법 제정과 그 적용자의 범위에 관한 논쟁

Ⅲ. 반민법 대상자의 처벌 방법에 관한 논쟁

Ⅳ. 특별재판부 설치에 관한 논쟁

Ⅴ. 반민법의 쟁점과 찬반 세력

인용 문헌

Abstract

키워드

친일파 제헌국회 반민족행위자 특별처벌법 반민법 입법의원 소장파의원 pro-Japanese the Law for Punishment of Pro-Japanese Constitutional Assembly the Interim Assembly