Japan -- Foreign relations -- Korea; Korea; Korea -- Foreign relations -- Japan
Among the reforms contemporaneous with the Chino-Japan war (1894), the
remedy for the existing maladministration of justice in Korea naturally
had a prominent place. Some of the forms of injustice then in common
use—such as the bribing of judges and the punishment of accused persons
without even the semblance of a trial—had no justification under Korean
law, so far as law existed at that time. Other equally deplorable
forms of injustice were, however, strictly legal;—as, for example,
the infliction of penalties on the innocent relatives of a condemned
criminal, and the imprisonment of the household of an official charged
with extortion. In particular, the use of torture—barbarous in kind and
extreme in cruelty—was in “full accord” with the legal system of the
Ming dynasty in China, which formed the basis of the Korean code. Of the
older forms of torture some, such as crushing the knee-caps, slitting
the nostrils, applying pincers or hot irons, had already been in 1894
abolished by the Ming dynasty; but a great number of equally painful
forms of torture were still legally in practice at that time. Among
such were seating the victim on hot coals, driving splinters under the
toe-nails, applying fire to the feet and hands, pounding the shins, and
squeezing the ankles. On the eleventh of January, 1895, however, the
Minister of Justice obtained the king’s assent to the abolition of all
the more severe forms of torture _except in capital cases_. To enforce
confession of guilt by beating with a stick was still to be allowed.[77]
The reforms promised and inaugurated in 1895, with respect to the
improvement of the administration of justice, like all the other reforms
of that time, scarcely went beyond the so-called “paper stage.” Some
forms of torture were, indeed, no longer customarily practised; but on
the whole the barbarous treatment of accused and convicted criminals
was not greatly improved. In civil cases the practice of the Court and
of the magistrates was never worse than during the period preceding the
Russo-Japanese war. It was, as has already been shown (p. 233 _f._), “an
orgy of independence.”
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