5.18민주화운동 가해자와 피해자에 대한 형사법적 평가

The Criminal Evaluation of Those Responsible and Victim in the 5.18 Democratic Movement Since May 18th, 1980, for twenty seven years, the May 18th Kwangju Democratic Uprising has been contemplated as a critical turning point in the history of the Korean people’s democratic movement. Two historical outlooks which the May 18th Kwangju Democratic Uprising retains are as follows: it was the occasion which first, succeeded and developed the tradition of the people’s democratic movement, and second, affirmed the justification of the right of resistance and the legality of the armed resistance. Thus, this article reconsiders the significant facets of the May 18th Kwangju Democratic Uprising, and suggests the necessity to reevaluate the offenders and the victims of the movement. In specific, based on the criminal law, this article appraises the matters of the offender’s responsibility, and of the aid and compensation of the victims. In addition, this article analyzes the essential parts of 5.18 Special Law, which punish the offenders, and its debatable aspects, and those of 5.18 Trial. On the topic of the victims, it examines conceivable issues with their compensations, according to the criminal law. In particular, this article explores the subject of “the prescription of arraignment can never be applied.” The May 18th Kwangju Democratic Uprising has taken the role of the milestone in the democratic society. Power ought to follow, not to precede justice.