Japan -- Foreign relations -- Korea; Korea; Korea -- Foreign relations -- Japan
“The way in which justice has been administrated in Korea,” says the
Report, “is too revolting to all sense of decency to be told in detail.
Her political development has never yet attained that stage when the
executive and judiciary branches of government separate and become
independent of each other. The privilege of meting out justice has always
been in the hands of executive officials, and abuses have grown up in
consequence of this. Justice, which should always be fair and upright,
has generally allowed itself to be influenced by the amount of bribe
offered, and right or wrong often changed places according to the power
and influence of the parties concerned. The conviction of innocent
people, the confiscation of their property, and the liberation of the
guilty, all under a travesty of trials, have been common occurrences;
very frequently, too, contributions in money or in kind have been
extorted under threats of litigation. Korea, indeed, possesses a law
court organization by virtue of a law promulgated in 1895, and according
to it the courts are of the following descriptions: 1. Special Court of
Law (tries crimes committed by members of the Imperial family). 2. Court
of Cassation. 3. Circuit Courts. 4. (Seoul) The Trade Port Courts (courts
of first resort). 5. District Courts (courts of first resort), and their
branches (when needed).”
“The truth is, however, that this organization exists merely on paper,
the only courts in actual existence being the Court of Cassation and
the Seoul Court. In the provinces, the governors, commissioners and
superintendents are, as of old, also judges and hear and judge both civil
and criminal cases. The _Kun_ magistrates, too, retain their judiciary
powers, which are, however, limited in extent. Even at the independent
courts, such as the Court of Cassation and the Seoul Court, judges and
prosecutors are men totally deficient in legal knowledge and training,
and their judgments often end in the miscarriage of justice. It is not
surprising that justice is generally made the object of ridicule and
contempt in Korea both by the natives and by foreigners. Treaties give
foreigners from the West the right to bring an action against the natives
in the Korean Courts in cases of a certain description; but none of them
has ever made use of such a right. When any legal dispute arises, these
foreigners always make an international question of it and bring it
before the Residency-General. Leave the situation as it at present is,
and the day will never come when Korea may be freed from the system of
extra-territoriality. It being evident that the chief cause responsible
for this regrettable state of things lies in the judiciary in force and
the incompetency of judges, the Resident-General has decided first to
effect reform on these two points, with others to follow gradually. The
reforms he has already put in practice for this purpose may be outlined
as follows” [Here given only in summary form]:—
Public-domain text, read in full here on John Shaqi.
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