‘安重根 裁判’의 問題點과 不當性에 대한 法的 考察

The purpose of this study is to find some problem and unjustifiable issue of the “Ahn Jung-Geun’s trial,” to take historical and legal lessons from that trial to commemorate the 100th anniversary of Ahn’s martyred. Martyr Ahn is required to treat the organization's own righteous conduct as a soldier in his position as the ‘Chief of Staff Lieutenant General’, strongly argued of the application and injustice of Japanese criminal law to him during the trial. He asserted the assassination on Ito Hirobumi (following the Russo-Japanese War,Japan–Korea Treaty of 1905 was made between the Empire of Japan and the Empire of Korea, making Korea a Japanese protectorate. After the treaty had been signed, Ito became the first Resident-General of Korea on 21 December 1905. In 1907, he urged Emperor Gojong to abdicate in favor of his son Sunjong and secured the Japan-Korea Annexation Treaty of 1907, giving Japan its authorities to control Korea's internal affairs) had occurring in the crossfire between the Empire of Japan and the Empire of Korea, and then should be treated as prisoner of war according to the 1899 Hague Convention on the Law of land warfare. Assassination of Martyr Ahn which was the ways and means to keep the independence of Korea to defend its existence as an act of war was legitimate under international law. The trial in Japanese court had been denied the legitimate of the results of the unfair proceedings,sentenced to death to him. Martyr Ahn denied the claims of Japanese type treated as ordinary criminal law of murder. Ahn’s trial by treatment of Japan's political jurisdiction against Russia, Korean court belongs to Japanese court at the gwandongdodokbu district. Therefore in this process the jurisdiction have been interfered with administrative power, and then judicial independence has been compromised. Ahn be applied for Japanese criminal law of murder, counsel's interview ban,restriction of the right of defense, a very fast trial conducted by the fairness of the trial was conducted unfairly in compromised situations. His patriotic deed comes from lawful armed conflicts on a right of self-determination of Korean patriotic soldier against the Japanese Imperialism and colonialism since 1904. Ahn’s assassinated Ito Hirobumi because Ito was a terrible obstacle for restoration of Korean sovereignty and the oriental peace. His patriotic deed is due to the oriental peace and the public interests. Martyr Ahn, the prominent Korean independence fighter was executed in 1910 for having assassinated Ito. His trial was unfair in many aspects because Korean judicial power was seized by the Japanese imperialism. He asserted Japanese occupation and invasion at that time was null and void including various kinds of forcibly-contracted agreements, treaties and consequences of such accords. This means independence fighters have the properness, morality and legitimacy for their struggle against the Japanese imperialism during the Japanese colonial period.