Militarist Japanese plundering Korean national rights and controlling its colony, Korea, internal disorder of the political situation and the conflicts between the right and left wings at the time of Korea's liberation, the Korean War and the division...
Militarist Japanese plundering Korean national rights and controlling its colony, Korea, internal disorder of the political situation and the conflicts between the right and left wings at the time of Korea's liberation, the Korean War and the division of the Korean peninsula, the advent of the authoritarian government and the pro-democracy movement, and others in Korean recent and contemporary history mass-produced lots of victims.
Recently a series of president Roh's comments connected with the past affairs cover the whole period of Korean recent and contemporary history from the matters of the historical recognition under Japanese colonial rule including pro-Japanese activities and compulsory mobilization to the matters of human rights including all kinds of questionable deaths and state violence like the massacres of the innocent people during the Korean War and at the time of Korea's liberation.
But the law probing the nation's past appeared on the stage not only at the term of Roh's government but also at the terms of the past governments. The Constitutional Assembly promulgated the law punishing the people who had participated in pro-Japanese activities before Korea's 1945 liberation. And from the term of the 14th national assembly at the time of the civilian government which accomplished the peaceful turnover of political power through democratic election through the present Roh's government many bills connected with the past affairs were deliberated and enacted, and many bills connected with the past are pushed for. These bills require historical, legal and social judgment, and participation of civil society. These matters should have been dealt and promoted by stage and gradually by successive political powers, however, it was an undeniable fact that dictatorial or authoritarian regimes under the past Cold War structure evaded even discussing the matters of the past affairs which could damage their basis and justice of grasping political power. Probing the truth of the past which was taken a step further by the civil government and Kim Dae-Jung's administration comparatively free from responsibilities for the past was accelerated in Roh's government and shows now a full scale progress.
For the meantime the learned circles of history did not so much pay attention to the law to probe the past. It is true that there were only a few treatises on this law in the learned circles of history and history scholars were lacking in trying to look out over the general view, too. On the contrary, civic groups, social and legal circles have paid attention to the law to probe the past dealing the matters of modern and contemporary history, and it may be not too much to say that in fact their effort and practical movement made it possible to get the result of legislation.
It is encouraging that recently compiling the practical efforts of the whole campaign for liquidating the past, a nationwide committee for liquidating the past rightly published the white paper about the campaign for liquidation of the past. The white paper into which the nationwide committee compiled the practical efforts of the academic circles and civic groups about the main issues from the time of Japanese colonial rule to Korean modern and contemporary history particularly looks out over the efforts from various circles to enact the bill to probe the past and foreign examples.
This thesis is more to rearrange the concept and contents of the law reflecting the recent result rather than to analyze the law individually in earnest. In other words, I tried to study the deliberation process of the bills connected with the past from the 14th national assembly up to now and the present situation of enactment in order to make full use of them as basic data for investigating the historical character of a series of the law.