Main policy of colonial rule by Japan in Korea were suppression for
exploitation, obliteration of national characteristics for permanent subjugation and
obscurant policy constantly, although it’s been changed according to the
periodical situation more or less. The formal concept of rule of law has been
the most important menas of colonialism. The colonial law as effective ruling
measure has been revealed in various features according to circumstances of
times which means national movement and change of colonial policy following
economic aspects all through Japanese colonial era.
After 3.1 revolutionary announcing ‘Declaration of Independence’, Japanese
colonial government has changed its basic domination agenda from ‘government
by the bayonet’, so called ‘an iron rule’ to ‘government by the police’, so
called ‘a cultural rule’. Nevertheless, keynote of colonialism has not been
changed at all, because it’s just been transformed into ‘Devide and Rule’ which
stands for deceived colonialism by imperialist countries at that times. That
means the basic features of legal system by Japanese colonial government has
maintained its original standpoints. Rather the colonial law has forced to
eradicate our nation’s language and customs, abolish political and civil rights
and discriminate against people governed.
This distorted legal system by formalism of the rule of law has influenced on
Korean people negatively. Therefore, it’s been burdensome of our government to select and eliminate factors of anti-constitutionalism among our modern legal
system after liberation. The history of establishing constitutionalism in modern
times of Korea represents process of solving dual problems assigned by Japan
and other countries in the occupation era.