사법행정가로서의 초대 대법원장 김병로 (The Works and Influence of 1st Supreme Court Chief Justice, Kim Byungro, on Korean Judicial System)

서지정보

· 발행기관 : 건국대학교 법학연구소
· 수록지 정보 : 일감법학 / 27호 / 545 ~ 598페이지
· 저자명 : 조상희

초록

In the history of Korean Judicial system, the works and influence of the first Supreme Court Chief Justice, Kim Byungro, cannot be empathized too much. Although he studied law in Japanese universities of Tokyo, he was an activist lawyer against Japanese colonial rule in Chosun. After Korea’s emancipation from Japan (as it was defeated in WWII), he played a very important role as a Korean director of Justice of the Government of Korea under interim United States Military Governor. He was appointed as first Supreme Court Chief Justice by then President Lee Seung Man and built Judicial administrative system and prepared many basic legislations of Korea such as Criminal Code, Code of Criminal Procedure, Civil Code and Code of Civil Procedure, etc. Though he was appointed by the President, he tried hard to keep the independence of Judiciary against intervening court judgment and management by the executive and administrative department and other socio-economical powers. He even explained the adequacy of the each and individual judgment to the President and the newspapers and the press. He put great emphasis on the integrity, impartiality and righteousness of each judge and encouraged that kind of practical ethics in judgement procedures. Under the impoverished condition of national economy after the Korean War (1950-1953), he demanded frugality and saving of materials in court administrative management. An interesting and peculiar point is that he had a firm position about the assessment of sentence of the communist and briberies of civil servants, though he had a positive opinion about ensuring the 3 instance system of justice to them and merging special law relating to national security into Criminal Law. He resigned the Chief Justice on December 16, 1957 under the retirement age of 70.

영어초록

In the history of Korean Judicial system, the works and influence of the first Supreme Court Chief Justice, Kim Byungro, cannot be empathized too much. Although he studied law in Japanese universities of Tokyo, he was an activist lawyer against Japanese colonial rule in Chosun. After Korea’s emancipation from Japan (as it was defeated in WWII), he played a very important role as a Korean director of Justice of the Government of Korea under interim United States Military Governor. He was appointed as first Supreme Court Chief Justice by then President Lee Seung Man and built Judicial administrative system and prepared many basic legislations of Korea such as Criminal Code, Code of Criminal Procedure, Civil Code and Code of Civil Procedure, etc. Though he was appointed by the President, he tried hard to keep the independence of Judiciary against intervening court judgment and management by the executive and administrative department and other socio-economical powers. He even explained the adequacy of the each and individual judgment to the President and the newspapers and the press. He put great emphasis on the integrity, impartiality and righteousness of each judge and encouraged that kind of practical ethics in judgement procedures. Under the impoverished condition of national economy after the Korean War (1950-1953), he demanded frugality and saving of materials in court administrative management. An interesting and peculiar point is that he had a firm position about the assessment of sentence of the communist and briberies of civil servants, though he had a positive opinion about ensuring the 3 instance system of justice to them and merging special law relating to national security into Criminal Law. He resigned the Chief Justice on December 16, 1957 under the retirement age of 70.

참고자료

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