한국전쟁기 북한의 전시체제와 계엄

윤경섭 ( Yun Kyung Seop ) 성균관대학교 인문학연구원(성균관대학교 인문과학연구소) 2016 人文科學 Vol.0 No.62

이 논문은 한국전쟁기 북한 전시체제의 핵심인 계엄의 등장과 그 의미 해명을 목적으로 한다. 전쟁 초기 황해도와 강원도에 선포된 북한의 ‘전시상태’는 ‘전쟁상태’로 잘못 해석되는 경향이 있지만, 실제로 그것은 ‘계엄’을 의미한다. 본 논문에서는 전쟁 초기 온건한 지역계엄으로 선포된 ‘전시상태’의 의미와 그 운용의 실상, 초기 전시체제 형성에 미친 영향을 파악하고 계엄체제가 전국적으로 확대된 과정과 원인을 다루고자 하였다. 또한 ‘전시상태’의 선포에 따라 국가기구가 재편된 이후 급진적인 형태의 계엄으로 발전하였음을 검토하였다. This paper focuses on illuminating the emergence of the “state of siege,” or the martial law, in North Korea and its implications during the Korean War. In the initial stage of the Korean War, the “state of siege” was proclaimed only in Hwanghae-do and Gangwon-do in the name of “wartime state,” which had been wrongfully understood as a “state of war.” This study has examined the legal meaning of the “wartime state” which was proclaimed in a regional boundary. The wartime state was a low-level state of siege or the martial law but soon developed into a nation-wide and radical state. This paper has analyzed the cause, the process, and the aftermath of the emergence and transition of the state of siege in North Korea.

한국전쟁 초기 북한의 전시계엄과 군사재판

윤경섭 ( Yun Kyung Seop ) 성균관대학교 인문학연구원(성균관대학교 인문과학연구소) 2017 人文科學 Vol.0 No.66

본 논문은 한국전쟁기 북한의 전시계엄 시행 이후 평시 형사재판제도가 전시상황에 맞게 변형되는 과정과 그 의미를 규명하고자 하였다. 전쟁초기 일부 지역에서 전시계엄 하에서 군정부가 주도하는 재판이 시행되기는 하였으나 이는 평시의 일반 형사재판절차에 기초한 것이었다. 1950년 8월 21일 채택된 `군사행동구역에서의 군사재판소에 관한 규정`은 새로운 전시 군사재판제도 시행의 법적 절차를 규정한 것이었다. 이 규정에 따라 국가안보와 사회질서의 유지를 명분으로 군무자들의 군사규율 위반행위는 물론 민간인의 전시체제 불복종에 대해서도 법적인 제재를 가하는 것이 가능하게 되었다. 기존의 평시 형사재판절차에서 군사재판의 관할대상이 되지 않던 민간인이 `국가주권적대죄` 등 일부 형법조항에 근거하여 군사재판을 통한 처벌 대상이 된 것이다. 필자는 이 규정을 북한의 초기 전시계엄이 사실상 비상계엄 상태로 진화하였을 보여주는 지표라고 파악하였다. This essay analyzes the transformation of North Korea`s military tribunal system during the Korean War and its meaning. In the initial stage of war, a new tribunal system was founded by the military government under martial law. It, however, was basically based on the criminal tribunal system of a peaceful period. The new regulation on a war-time military tribunal system was made in mid-August of 1950. Under the new system, the violators of war-time laws and military disciplines could be punished in the name of maintaining state security and social order. The military crimes like the act of running away from a battle field were punished heavily as anti-state activities. And the crimes of civilians also come to be punished by the military tribunal in case they were committed with an anti-state purpose. In this essay, it is reviewed as a shift from earlier martial law to emergency martial law in North Korea.

1947~1948년 북한의 정부수립 문제와 남북연석회의

윤경섭 ( Kyung Seop Yun ) 수선사학회 2004 史林 Vol.0 No.21

논문 : 한국전쟁 전후 북한 김두봉의 정치노선과 위상 변화 -최고인민회의 상임위원회의 활동을 중심으로-

윤경섭 ( Kyung Seop Yun ) 수선사학회 2013 史林 Vol.0 No.44

This essay illuminates the political policies of Kim Doo-bong and the change of his position in North Korea`s politics of 1950`s. Kim Doo-bong was a nationalistic political exile and scholar which had nation-wide fame in the field of Korean language and history under the rule of Japanese imperialism. But this essay treated him as a ``politician``. Kim Doo-bong entered the northern part of liberated Korea as a president of Korean Independence League(조선독립동맹) and soon became a key figure in North Korean politics. He played a leading role for the establishment of North Korean government in soviet occupied zone. And he took the lead for the establishment of North Korean constitution. As a result of it, he became a chairman of North Korean Supreme People Assembly`s standing committee(최고인민회의 상임위원회) in 1948 year, which was a ceremonial head of state in North Korea. During that time he has switched from a nationalist to radical democrat or a advocate of people` democracy. But he endeavored to reinforce the influence of the Supreme People Assembly`s standing committee because he regards it as a symbol of South-North coalition(남북합작) by nation-wide united front. North Korean leadership assented to his intents and tends to respect the united front at the time of establishment government. However, after the outbreak of Korean war the situations changed. The wartime policy of Korean Worker`s party(조선로동당) was to seek a hegemony among the other political parties and social organizations. Kim Doo-bong has strived to maintain the constitutional power even in trouble with the leadership of the Korean Worker`s party though he belonged to the political committee. Particularly his efforts seemed to be supported by post-stalin soviet leadership. But, ultimately, his effort to maintain the political framework of people democracy constitution has failed in the aftermath of political conflicts which occurred around the central committee` plenum of Korean Worker`s party in August, 1956 year. In a middle of nation-wide purge, Kim Doo-bong was brought down politically and in company with his downfall people democracy virtually came to an end.

북한 소련의 전시체제 형성 과정 비교 연구 -초기 `전시상태`와 국가기관 개편을 중심으로-

윤경섭 ( Yun Kyung-seop ) 수선사학회 2017 史林 Vol.0 No.61

This essay focuses on the formation of war-footing in North Korea in the initial stage of Korean War. In order to accomplish this purpose, North Korea`s the wartime laws and its reorganization of state institutions in Korean war was compared with the case of Soviet Union in the Great Patriot War period. North Korea`s wartime law system was based on the `wartime condition` which has often misunderstood in the meaning of `state of war`. However it was a `state of siege` or a martial law which is originated from Tsarist Russia`s emergency state law. North Korea`s concept of `state of siege` in the initial stage of Korean War was learned from the institution of Soviet Russia, however it was transformed in accordance with the constitutional system. The reorganization of local regime was proceeded on the basis of `the state of siege` system and it was soon changed to the new system on which Labor Party took the lead. North Korea was confronted with US and South Korean` counterattack, and in every regions was founded the local Military Defence Committee. In this essay the founding of the local Military Defence Committee was interpreted as an abrogation of the early `wartime condition` system. It was a beginning of a new, higher stage of `state of siege`.

한국전쟁기 북한의 점령지 재판과 정치범 처형

윤경섭(Yun Kyung-Seop) 역사학연구소 2011 역사연구 Vol.- No.21

This essay illuminates on the execution of political prisoners within the North Korean occupied areas in early stage of Korean War from a standpoint of wartime trial system . Until now all the slaughter in Korean War is known to has been carried by North Korean People’s army. However, in opening stage the slaughter of political prisoners was carried out in the form of people’ trial by local leftists out of North Korean judicial system. On the contrary the North Korean People’s army and machinery of law forbad to execute illegally the ‘unarmed’ political prisoners. North Korea’s criminal policy on political prisoner was based on Criminal Law adopted in March 1950. However North Korean leadership anticipated that American armed intervention was near at hand and after that time their policy on the ‘unarmed’ political prisoners changed radically. So-called ‘national traitors’ began to be treated as conspirators with foreign invaders. North Korean leadership adapted the court martial system in accordance with wartime and It means that the ’unarmed’ political prisoner became to be punished as a hostile actor by a court martial. In the North Korean occupied areas was established a new local military gonernment system in which labor party leaders and members of political security section played a leading role. At prisons, police stations, police boxes in many cities or towns occurred mass killings of unarmed political prisoners. The members of political security section played a leading role in it. The mass killings of unarmed political prisoners were possible by a new regulation on court martial. However, actually the mass killings were made in a form of summary punishment, not by a formal court procedure.

북한의 안중근 인식변화와 재평가 과정

윤경섭 ( Kyung Seop Yun ) 조선대학교 동북아연구소(구 통일문제연구소) 2014 동북아연구 Vol.29 No.1

이 논문의 목적은 북한에서 안중근에 대한 역사적 재평가 과정과 그 의미를 고찰하려는 데 있다. 필자는 북한의 각종 역사서술에 나타난 안중근 관련 내용의 변화에 주목하였다. 이러한 역사서술의 변화가 국내외적 정치 환경과 어떤 관계에 있는지 주목하였다. 필자는 초기 북한 역사학계가 안중근 의거를 ‘애국테러’라는 관점에서 부정적으로 접근하였음을 밝히고 1950년대 말~1960년대 초반 이러한 부정적 관점이 ‘침략원흉처단’으로 변화하게 된 대내외적 요인, 테러 개념의 변화 등을 분석하였다. 한편 안중근 재평가 작업은 김일성과 당이 주도하면서 새로운 관점을 사회적으로 전파하는 방식으로 진행되었다. 따라서 그 과정은 김일성의 정치적 위상 제고 과정이 된 것이 사실이지만 기본적으로는 안중근에게 애국열사로서의 정당성을 부여하는 방향으로 진행되었다고 보았다. The purpose of this essay is to review the reinterpretation of Ahn Jung-geun(안중근) and his killing of Ito Hirobumi(이등박문) in North Korean history. Until today he has been ranked as a famous Korean independence activist in both South and North Korea, however he has also been criticized on the basis of ‘terrorism’ in North Korea. This essay is to analyze the change of North Korea’s perception of Ahn Jung-geun by analysis of historical books, journal articles, and history textbooks. Attention is especially paid to the relation of the interpretation with the political environment. In the early stages, North Korea negatively understood An Jung-geun’s behavior by using the concept of ‘patriotic terrorist movement’(애국테러운동). But in the late 1950’s ~ early 1960’s North Korea’s attitude to An shifted to sympathy for the motive. Hereafter, Ahn Jung-geun‘s behavior was reinterpreted as a ’punishment of the chief instigator’(침략원흉 처단). Consequently, Ahn Jung-guen was reevaluated as a symbol of Korean’s resistance against the Japanese aggressors. In domestic politics the process of the reinterpretation has been proactive by Kim Il-Sung and the process of the reinterpretation was also intended to upgrade the political status of Kim Il-sung as leader.

한국전쟁기 북한의 ‘인민군최고사령관’ 제도 도입의 과정과 의미

윤경섭 ( Yun Kyung-seop ) 수선사학회 2018 史林 Vol.0 No.65

This essay focuses on the formation of the ‘Supreme Commander’ regime and its role in initial period of the Korean War. Many scholars have a tendency to consider the ‘Supreme Commander’ of North Korean army only as a military ‘commander in chief’. However, in this essay, it is reviewed as a sort of emergency system in time of war. The institution had its origin from the prerogative of Russian emperor and was directly from the Stalin’ regime in the Soviet-German War period. In this essay, the ‘Supreme Commander’ in North Korea is reviewed as a de facto head of state in war. In the enforcement process of ‘Supreme Commander’ regime, Kim Il Sung became vertually the head of state in North Korea. This essay illuminates the conflicts on the integration of divers military forces which was made by ‘Supreme Commander’, Kim Il Sung.