산청・함양・거창 민간인학살사건에 대한 형사법적 재조명

The purpose of this study is to clarify the development of the Genocide against Residents in Sancheong-Hamyang-Geochang Territories during Korean War, to define the legal characteristics of it, to examine the problems of the past Geochang Military Trial in 1951 concerning the Genocide, to analyse critically a series of judicial and legislative actions conducted by Korean government after that trial, and to propose rightful solutions for the victims and their bereaved with general principles concerning the purge of the past. Only one day on 7. Feb. 1951, military forces of the 11th Division of the Korean Army killed seven hundreds or more civilians in Sancheong-Hamyang Territories without any justifiable reason, without any fair trial, only for the purpose of successful execution of their plan of operation so-called ‘scorched-land strategy.’ And the same troops killed 719 civilians in Geochang Territory, according to the same operation order from the day of 9. Feb. to 11. Feb. 1951. Both can be called ‘Genocide against Civilians in Sancheong-Hamyang-Geochang Territories.’ This is a Korean version of Killing Field. Conclusionally I assert that it is a state crime or state terror, and genocide, and it is a crime against humanity and war crime. Korean government should reveal the truth of the whole aspects of ‘the Genocide’, and make restitution for all damages of victims and their bereaved, although over a half century has passed. And government should also take all proper measures involving activities of cultivating human rights consciousness among people, to prevent another genocide. For the purpose of fulfilling these objects, it should be preceded to proceed the criminal justice to the offenders. The aim of this article is to clarify the legal bases and logics in the perspectives of domestic and international criminal law.