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Civil Dispute Adjudication in Tokugawa Japan - Norms and Interpretations -
김석연 중앙대학교 일본연구소 2011 日本 硏究 Vol.0 No.31
The overlords of Tokugawa Japan, as elsewhere, asserted its authority through adjudication. With a modest aim of narrating the way the bakufu coped with the growing demands for judicial remedy, this essay seeks to review the basic layout of Tokugawa civil suits and the governing principles on their discriminatory treatment at courts. As has been explored in secondary literature, the official gradation of claims was fraught with forbiddingly cumbersome structural impediments against litigation, especially those involving unpaid loans. Instead of single‐mindedly favoring certain “feudal” class interests, nevertheless, the bakufu seems to have been well aware of the practical exigency of judicial enforcement in monetary matters. The source of conflict in the second half of the Tokugawa period tends to be identified in the context of “proto‐industrialization”: as a consequence of expanding commercial transactions, it is often proposed, interpersonal relations became increasingly adversarial. Whether the records of civil disputes bear out that proposition seems debatable, however. The rising lawsuits over money, as more traditional explanations would have it, may have largely reflected a general economic distress and the rampant delinquency of the samurai over whose behavior the bakufu apparently had only a limited power.
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Civil Dispute Adjudication in Tokugawa Japan
김석연 중앙대학교 일본연구소 2011 日本 硏究 Vol.0 No.31
The overlords of Tokugawa Japan, as elsewhere, asserted its authority through adjudication. With a modest aim of narrating the way the bakufu coped with the growing demands for judicial remedy, this essay seeks to review the basic layout of Tokugawa civil suits and the governing principles on their discriminatory treatment at courts. As has been explored in secondary literature, the official gradation of claims was fraught with forbiddingly cumbersome structural impediments against litigation, especially those involving unpaid loans. Instead of single-mindedly favoring certain “feudal” class interests, nevertheless, the bakufu seems to have been well aware of the practical exigency of judicial enforcement in monetary matters. The source of conflict in the second half of the Tokugawa period tends to be identified in the context of “proto-industrialization”: as a consequence of expanding commercial transactions, it is often proposed, interpersonal relations became increasingly adversarial. Whether the records of civil disputes bear out that proposition seems debatable, however. The rising lawsuits over money, as more traditional explanations would have it, may have largely reflected a general economic distress and the rampant delinquency of the samurai over whose behavior the bakufu apparently had only a limited power.
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뢸링 판사는 동경재판을 부정했는가 - 소수의견 제출에서 말년의 회고까지 -
김석연 일본사학회 2012 일본역사연구 Vol.36 No.-
In meting out justice for Crimes against Peace, the Tokyo Trial cited the Nuremberg judgment which invoked the Kellogg-Briand Pact and other interwar pronouncements renouncing war. Unpersuaded, Justice B. V. A. Röling offered an alternative way of interpreting the Charter of the Trial which, in his view, was more consistent with international law: victors in a bellum justum were entitled to neutralize threats to the newly established order and hence could incarcerate the enemy leaders posing those threats. In the end, he managed to reconcile his dissent on legal issues with his belief in restoring peace through judicial measures. He also endorsed the punishment for crimes of omission while disagreeing on their ambit. In doing so, Röling rejected outright Imperial Japan’s wartime slogans of “Asia for Asians” as a sheer hypocrisy, too. As the Cold War unfolded, however, he became dismayed at the former victor nations’ failure to honor the lofty ideals of the Nuremberg and Tokyo trials. All the same, he kept his faith in the validity of the two trials and in the contributions they made on the course of the evolution of international criminal law. To be sure, Röling did have serious misgivings about the Tokyo Trial and could at times seem disenchanted with it. And there happen to be tendentious elements in Japan who take advantage of his unvarnished statements which, if quoted in fragments (and they have), could misrepresent his views. When all is said and done, this essay finds, Röling’s words and writings stand as a tortuous and yet sobering voice in affirmation of the enduring legacy of the Nuremberg and Tokyo trials.
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Korean Students in Imperial Japan: What Happened After 1919?
김석연 성균관대학교 동아시아학술원 2020 Sungkyun Journal of East Asian Studies Vol.20 No.1
During Japanese colonial rule, a growing number of Koreans went to Japan for education. The authorities always saw them as potentially subversive. Today, too, they are largely remembered for their resistance to Japan, especially the heroic call for independence in 1919 that came to be celebrated as the “February Eighth Declaration.” In subsequent years, however, overt resistance receded and would be ultimately reduced to fragments. Even the police, their chronic alarmism over Koreans’ latent seditiousness notwithstanding, were noting downturns in activism. While pursuit of learning remained resilient, students’ acquiescence to the colonial status quo appears to have become increasingly routine. Underlying that trend may have been the cogency of the longstanding gradualist cause for working within the system; its proponents, who remain stigmatized as “pro-Japanese collaborators,” may well have been most in tune with what most Korean subjects of the empire could realistically have hoped for under the inexorable reality of assimilative colonialism.
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Bacteroides fragilis에 의한 심장막농양 1예
김석연,문수영,김경엽,권성진,김명곤,이미숙,이희주 대한감염학회 2007 Infection and Chemotherapy Vol.39 No.6
Purulent pericarditis is a rare, life-threatening condition and usually involves the whole pericardium. However only few cases have been reported in which a loculated pericardial abscess occurred from purulent pericarditis. The prevalence of acute pericarditis due to bacteria was 6%. Purulent pericarditis due to anaerobic bacteria has been reported less frequently than aerobic bacteria. There was no report about purulent pericarditis due to Bacteroides fragilis in Korea until now. So we report the first case of pericardial abscess due to B. fragilis in 59 year old Korean male with history of chronic renal failure and hemodialysis, that was complicated with pericardial tamponade. 화농성 심장막염은 전 세계적으로 매우 드물고 사망률이 높은 질환이다. 화농성 심장막염은 대부분 심장막을 침범하지만, 국소적으로 농양을 형성하는 경우도 보고 되고 있다. 세균에 의한 화농성 심장막염은 전체 급성 심장막염의 원인 중 6% 정도를 차지하고 있다. 그 중에서 혐기균에 의한 화농성 심장막염은 호기균에 의한 것보다 훨씬 드물다. 저자들은 만성 신질환으로 혈액 투석을 받고 있는 58세 남자에서 발생한 B. fragilis에 의한 화농성 심장막 농양과 심장눌림증을 국내에서 처음으로 경험하였기에 이를 고찰과 함께 보고하는 바이다.
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