여순사건 당시의 계엄령과 군법회의 = The Martial law and a court martial in the mid of the Yosu-rebellion

다국어 초록 (Multilingual Abstract)

This study is to find out the background of martial law in Yosu-rebellion and the role of court martial as process of restoration of order by force.
The proclamation of martial law in the mid of Yosu-rebellion has firstly related to key officer’s past experiences in Manchurian army and Japan army in addition to the direct experiences of martial law proclamation by regional commander while Korea was under the US military rulings. Baekil Kim was former Manchurian army. Regional commanders of Manchurian army proclaimed martial law over all over the Manchurian area as a tactic. The Korean army was trained in a US army style under US military rulings. All field manual of Korean army used in training session was prepared and taught by US army. Under such circumstances, Korean army officers have experienced martial law and its progress in Oct 1946, which was executed by US army. Experiences of martial law in Manchurian army and that of Oct 1946 in Korea were proclaimed ‘exceptionally and tactically’ by temporary commander. The martial law of 22nd of Oct, 1948 was proclaimed exceptionally by Baekil Kim, which was ratified by Cabinet meeting on 25th of Oct, 1948. The basis of those are intelligence report by US advisor group and draft of ‘martial law’ submitted in December 1948 by the Military of National Defence.
The contents of court martial under martial law was investigated through the related court rulings. These court rulings are solely unearthed by the present writer. There was materials regarding Jeju 4·3-rebellion, however it was difficult to know the situation of court martial of Yosu rebellion as there no presence of relevant material was known.
The document is about the second court martial in Suncheon, which was ruling on civilians. It was found that over the half of the accused were freed from arbitrary arrest based on court rulings and newspaper as well. However, over half of those who are decided to be guilty were condemned to death or life imprisonment. The documents also have information on age, sex, region, occupation of the accused. Occupations are peasants, railroaders, students, teachers in order. It also has revealed how they were executed. After court ruling of execution on 14th of Oct and order for execution on 24th of Oct, those 44 persons who were sentenced to death, were shot to death and cremated on 24th of Nov in Shogok dong hill near to court place. It prove that those who were in prison with regard to Yosu rebellion were shot to death right after outbreak of Korean war.
Such court martial as process of restoration of order by force was used as course to justify massacre committed before courtmartial, divide a red and good citizen, and create new situation that it is not guilty to kill people who are regarded as reds.
The martial law of 1949 was discussed and enacted under the circumstances of superior position of Seungman Lee’s regime through triumph in civil war such as Yosu rebellion and Jeju 4·3 rebellion and assassination of Gu Kim and collapse of young group in constitutional assembly. The establishment of martial law is a process of ratification on unfair and brutal actions taken in suppression of Yosu rebellion and Jeju 4·3 rebellion. Such legislation of martial law works as historical mechanism which changes unfairness and brutal ness to fairness and standard. It prevent from raising issues regarding violence of nation which create the exceptional state against people’s fundamental rights.
The meaning and influences that Yosu rebellion and Jeju 4·3 rebellion has affected martial law legislation is to be discussed as future task.

목차 (Table of Contents)

• 1. 머리말
• 2. 계엄령의 발포
• 3. 즉결처형과 민간인에 대한 군사재판
• 5. 맺음말
• Abstract