일제 강점기 일본경찰 고문에 대한 연구

A Study on Torture by Japanese Police during the Japanese Colonial Period: Focusing on Torture of Martyr Yu Gwan-sun

헌법의 기본원칙은 헌법 제12조에서 규정하였다. 이는 절차법인 형사소송법, 실체법인 형법 등을 통하여 현장에서 의율·적용되어 종국에는 헌법 전문내용과 같이 3·1운동으로 건립된 대한민국임시정부의 법통과 불의에 항거한 4·19민주이념을 계승하는 등 자유민주적 기본질서를 확고히 함에 있다.(이하 전문 생략) 관련된 형사소송법의 규정은 적법절차원칙, 영장주의, 고문금지, 진술강요금지원칙, 자백배제법칙, 구속의 통지, 자백보강법칙 등이 이에 해당한다. 현행 형사소송법에서 규정한 고문에 의한 증거의 수집은 위법함에도 불구하고 1919년대 일본 헌병경찰은 한국 국민들에게 총과 창검 등 고문을 하였다. 더욱이 일제 강점기 일본 경찰은 유관순 열사를 천정에 매달리게 하는 등 고문을 가했다. 역사적 문헌과 증언이 이를 증명하였고, 밤샘조사와 폭언 등의 가혹행위를 가한 것으로 추정되며 이는 인간의 존엄과 가치 및 행복추구권을 침해한 것이고 수사 과정에서 폭행 및 가혹행위에 의한 허위자백으로 부당한 형의 선고를 받았다. 역사적 관점과 대법원 판례, 헌법재판소 판례, 현행 헌법, 형사소송법, 형법 등으로 보아도 명백한 위법사항에 해당한다.

The basic principles of the Constitution are stipulated in Article 12 of the Constitution so that they can be implemented in practice through the Criminal Procedure Act. These include the basic principles of criminal procedures, such as the due process principle, warrant principle, prohibition of torture and coercion of unfavorable statements, the law of exclusion of confession and the law of reinforcement of confession, and the notification and notification system of reasons for detention, etc. However, the Japanese police tortured Yu Gwan-sun severely, including hanging her from the ceiling. At the time of his arrest, the stab wound to his side had not been treated and the flesh had rotted away to the point that his hands were bloody. Due to daily beatings, untreated wounds, beatings, and long-term torture, his bladder ruptured and his body deteriorated. Due to the back wound he received in the Manse Movement and the beatings and torture in prison, his bladder ruptured and his body rotted, but he was still considered a felon. The prison’s treatment of him without treatment was the deciding factor that ended his short life. https://namu.wiki (Namu Wiki). It may be a bit difficult to consider the reality at that time in the current legal system, but if you look at it from a historical and criminal law perspective, it is clear that harsh treatment during the investigation process stipulated in criminal procedures and confessions made in illegal circumstances did not serve as evidence of guilt. In addition, the fact that a confession cannot be used as evidence of guilt and punished when it is the only evidence against the defendant was not observed, even though it must be observed to guarantee the right to defense of the suspect and the accused. As mentioned above, I had an indirect experience of violation of basic rights through the death of martyr Yu Gwan-sun. We should not forget that, like martyr Yu Gwan-sun, he was tortured without being guaranteed his basic rights and unable to fully exercise his right to defense as a party. Ji-Hyeon Kang, Hae-Won Kim, Public Law Studies, Volume 22, No. 1, February 2021. In the end, it appears that the Japanese police’s torture of martyr Yu Gwan-sun violated Article 12, Paragraph 1 of the Constitution and Article 309 of the Criminal Procedure Act under the current law. It is presumed that the torture of Yu Gwan-sun at that time involved harsh acts such as an all-night investigation and verbal abuse. This violated human dignity, value, and the right to pursue happiness, and an unfair sentence was imposed due to false confessions through assault and harsh acts during the investigation. It is clear that he received . Acts such as torture constitute illegal acts and there is an obligation to compensate for damages. As explained above, it is clear that the Japanese police violated the ban on torture and violated the constitutional provisions guaranteeing the right to refuse to make statements.