국방경비법과 재심 ― 진실화해위원회의 활동을 중심으로 ―

This paper is an empirical study, to find out the fact that the Articles for the Government of Korean Constabulary (AGKC) was the punishment law for the collaborator during the Korean war by analyzing the list of the decisions of the court, that proved to inflict unjust damage on the innocent, and which cases were subsequently judged to be “not guilty” by the new trial. The AGKC was enacted in July 1948 and was enforced for 14 years until its dismissal in June 1962. In early 1993, the controversy surrounding the process of the enactment the AGKC, and the enforcement on the civilian by the AGKC, has arisen over the existence of law enforcement in the academic community, but it was not known exactly who was punished and how many people were effected. However, in 2008, it was confirmed by the Truth and Reconciliation Commission that 22,000 civilian applications for AGKC were held in the Higher Prosecutor's Office of the Army Headquarters. This was first disclosed in this paper, and 94.6% of the rulings were concentrated in 1950­1953, 31% of them, (4,462 people) were sentenced to death. The AGKC was the “punishment law for the collaborator” during the Korean War. In addition, the military tribunal judged dozens of people, sometimes 100, in a day, and it was not equipped for examining the evidence of those who should have been found innocent. Therefore, the recent verdict of acquittal by new trial is not a coincidence. Chapter 4 is an example showing the problems of the AGKC and the consequent damage caused by the misuse of the AGKC. At the same time, it is a lesson that shows how strict and impartial the state should be in enforcing the law.