갑오개혁기(1894∼1896) 민사소송제도의 시행과 ‘私權’ 신장

서지정보

· 발행기관 : 한국근현대사학회
· 수록지 정보 : 한국근현대사연구 / 67호 / 227 ~ 258페이지
· 저자명 : 김항기

초록

This study aims to elucidate the historical significance of the Kabo reformand to analyze how the perception of a private right was adopted and extendedin the society at the time by examining circumstances surrounding the establishmentand operation of civil action system, which was established during the Kabo reformperiod (1894~1896).
Before the reform, the traditional judicial system was not divided into civilaction and criminal action, and the judicial responsibilities were dispersed intomany different offices. But during the reform, the judicial structure had gottensystemized and, therefore, more people could easily use the system than before.
An analysis of trial results shows us that there were higher rate of favorabledecisions for the plaintiff. It also tells us that a large number of commoners useda civil action system actively and many of them won their trials. But when adefendant was from the higher class and the plaintiff was from the lower class,there were more chances for the defendant to win the trial. The fact that higherclass people won more trials than the lower class people means that equalopportunities were given to everyone to access the judicial system, but the resultsof trials were still not completely free from the influence of the old status system.
However, before the reform, people from the lower class couldn’t even accessthe judicial system at all. Therefore, the fact that the lower class people coulduse the judicial system more easily and there were still some cases that theywon the trial over the higher class people has an important significance. Civilaction system established during the Kabo reform period played an importantrole for the extension of a private right of commoners at the time.
During the reform period, commoners actively used an appellate trial system to defend their private right. When they were not satisfied with a result of trial,regardless of the outcome of the trial, they freely lodged an appeal. Theestablishment of an appellate trial system meant that there were a specific wayfor the people to get compensation for disadvantages they received from an unfairtrial, thus, more people used the system. People also realized that their privateright was could be protected through the system. On this wise, an appellatetrial system played a significant role for the protection and extension of a privateright of commoners.
From the information gathered above, it is possible to regard the Kabo reformas an practical reform not just ‘a paper reform’, cause it actually had substantialimpacts on lives of commoners at the time.

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