광주학생항일운동 공판과 변호인단의 활동 －1929년 11월 ‘광주학생시위사건’을 중심으로－ (Gwangju Student Anti-Japanese Movement Trial and Lawyers’ Activities)

서지정보

· 발행기관 : 한국독립운동사연구소
· 수록지 정보 : 한국독립운동사연구 / 77호 / 121 ~ 160페이지
· 저자명 : 한규무, 정찬욱

초록

1929년 11월 발생하여 전국으로 확산된 광주학생항일운동의 과정에서 수많은 학생들이 체포·구금되었고 상당수가 공판에 회부되었다. 광주학생항일운동이 독립운동의 일환이었다면 이들의 법정 투쟁과 변호인단의 변론 활동 역시 그같은 차원에서 이해될 수 있다.
광주지방법원에서 피고로 1심 재판을 받게 된 광주의 학생들을 위한 변호인단은 서울의 형사공동연구회 소속 변호사들과 광주변호사회 소속 변호사들로 구성되었다. 이들은 이미 1928년 3월 남평유림각사건의 공판 때 공동으로 변호인단을 구성한 경험을 갖고 있었다. 그 당시 재판관은 가네코, 검사는 사카이였는데 이같은 상황은 학생시위사건 공판 때도 재연되었다.
학생시위사건으로 공판에 회부된 학생은 49명이었고, 이들 중 15명이 독서회사건에 연루되었다. 이들에 대한 분리공판 문제를 놓고 재판장과 변호사가 설전을 벌였는데, 일제측의 의도는 분리공판을 통해 독서회사건 연루자들을 더욱 엄격히 처벌하려는 것이었다. 일제측은 일제측은 학생시위사건보다 독서회사건을 더 심각하게 인식하고 있었는데, 학생시위사건 자체는 ‘우발적’ 사건인 반면 ‘독서회’란 사회주의계열의 조직이 그것을 배후에서 지도했다고 생각했기 때문이다. 공판 결과 모두 실형을 선고받았지만 검사의 구형보다는 낮은 형량이었는데 여기에는 변호인단의 영향도 있었을 것으로 짐작된다. 이들 중 33명은 집행유예로 석방되었고, 독서회사건 연루자 15명을 포함한 24명이 판결에 불복하여 공소를 제기했다.

영어초록

In the process of the Gwangju Student Anti-Japanese Movement, which occurred in November 1929 and spread across the country, numerous students were arrested and detained and many were referred to trial. If the Gwangju Student Anti-Japanese Movement was part of the independence movement, their legal struggle and defense activities by lawyers can be understood in that sense.
The lawyers for Gwangju students who were to be tried as defendants in the Gwangju District Court consisted of lawyers from the Seoul Criminal Research Association and lawyers from the Gwangju Bar Association. They already had the experience of forming a joint defense team during the trial of each case in Nampyeong Yurim in March 1928. At that time, the judges were Kaneko and the prosecutor was Sakai, and this situation was reenacted during the trial of the student demonstration case.
There were 49 students who were referred to the trial for the student demonstration case, and 15 of them were involved in the reading company case. The presiding judge and the lawyer engaged in a war of words over the issue of separate trials against them, and the Japanese intention was to punish those involved in the reading company case more strictly through separate trials. The Japanese side recognized the reading company case more seriously than the student demonstration case, because the student demonstration case itself was an “accidental” case, while the socialist organization called “reading society” guided it behind it. As a result of the trial, all of them were sentenced to prison, but the sentence was lower than the prosecutor’s sentence, which is presumed to have been influenced by lawyers. Of these, 33 were released on probation, and 24 people, including 15 people involved in the reading company case, filed charges against the ruling.
Lawyers from Daegu participated in the second trial held at the Daegu Boksim Court and were sentenced to sentences similar to those of the first trial. The contents of the judgment of this trial are almost similar to those of the preliminary decision, and most of the students sentenced to heavy punishment were related to the “spraying of the gate,” and the violation of the Publication Act and the Security Act were applied together. The Japanese side regarded the student movement on November 3 as “accidental”, but the student movement on November 12 as “planned” and punished it more strictly. Students involved in the reading company case were later brought back to court and most were sentenced to imprisonment.
Meanwhile, most of the lawyers who participated in the student demonstration movement trial have something in common that they have been in charge of pleading for the current situation. Among them, Kim Byung-Ro, Lee In, Lee Chang-Hwi, and Ryu Bok-Young were recognized by the government as independence fighters. Although there are several lawyers who have not been recognized as independence fighters, thanks to their efforts and dedication, the history of our independence movement and human rights defense has become much richer.

참고자료

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