제주 4‧3사건 관련 재심재판의 문제점에 대한 검토

초록

The 4.3 Uprising on Jeju Island in Korea refers to the civil unrest that occurred from March 1, 1947 to April 3, 1948, and the armed conflict that occurred on Jeju Island until September 21, 1954, in which a lot of residents on Jeju Island were sacrificed during the suppression process. Recently, a series of trials for retrial related to the 4.3 Uprising were conducted centered on the Jeju District Court. However, if you look closely at the proceedings of the trial, there are quite a few points in the decisions to initiate retrials and the subsequent retrials that are difficult to accept. Accordingly, this article critically examines the problems inherent in these trials, especially in the respects of legal and procedural issues and the problems of the Special Act for 4.3. Uprising on Jeju Island, which has served as the basis for them. In summary, the retrial related to the 4.3 Uprising on Jeju Island that was the subject of review as to the retrials smacks of a hasty trial. In other words, there is a strong feeling that one-sided claims or statements, biased research results, peripheral situational logic, and the judge's subjective guesses or assumptions were at play. Correction of errors in fact recognition through retrial is not possible in itself, and it is the request of a democratic rule of law that legal procedures and requirements must be followed. Outside of this, meaningful truth cannot be found or revealed.

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