War, civil war, and civilians are important legal terms related to the security of the state. War () refers to the turmoil of war, and the civil war refers to a riot for the purpose of the land of land or national constitution. The civilian monster was Korean in Korean with the revision of the Criminal Code in 2020, and refers to the leader who planned and led the civil war. All these three terms are a significant concept of the state of the state and the constitutional order, which has a significant meaning of historically and legally.
War
War ()) means ‘the war of war’ in Korean. This is a Chinese word that refers to a state of confusion in society, and it is a word that combines war and confusion. Historically, large wars such as the Imjin War and the Byeongja Horan are called war, which is a concept that includes the confusion and pain of society as a whole beyond simple battles. The war also has a different meaning of ‘the railing of the palace’, which combines ‘Jeon’ and ‘Ran’, but it is usually used to refer to chaos caused by war. For example, it was used as “It was a time when the young people in the June 25th war were in full swing.”
Warfare
Historically, major wars on the Korean peninsula have had a great influence on the nation and society:
- Imjin WarThe Imjin War, which lasted from 1592 to 1598, is one of the largest wars in Joseon history. The war, led by Japanese troops led by Toyotomi Hideyoshi, invaded Joseon, this war was not just a war between countries, but an international war that completely changed the order of Northeast Asia. Joseon defeated the Japanese army with the help of the Ming Dynasty, but the land was devastated and the social structure also changed. As a result of this war, the Joseon Dynasty was rapidly conserved due to the loss of ruling party, and the Toyotomi regime in Japan fell.
- Byeongja Horan: In 1636, the Byeongja Horan, which was caused by the invasion of the Qing Dynasty, shocked Joseon. Joseon eventually had a humiliating treaty, surrendered to the Qing Dynasty and disconnected from the Ming Dynasty. This war has left a deep wound in the Korean society, and since then, a plurality of ideology for the Qing Dynasty called ‘Bukbol theory’ appeared. Byeongja Horan’s humiliating memory has long served as a group trauma in Joseon society.
The social influence of war
The war has a deep influence on society as a whole beyond simple military conflicts:
- Population and economic damageThe war brings serious economic damage, including many casualties, destroying farmland, livestock loss, and lack of food. At the time of the Imjin War, the population of Joseon decreased significantly, and agricultural productivity was significantly lowered, and it was difficult to recover for decades. During the war, the pain of the people increased, with natural disasters such as famine and cold. In particular, between 1593 and 1595, the famine and cold came to deepen the suffering of war.
- Cultural loss and change: The war brings down the loss of cultural assets and knowledge. At the time of the Imjin War, many books and cultural assets were lost or plundered, which was a big loss of Korean cultural heritage. In addition, after the war, social structure and cultural values have changed, resulting in strengthening conservative trends or introducing new cultural elements. After the war, Joseon turned into a more closed and conservative society.
Warfare
In modern society, the concept of war is also used in an expanded sense:
- International conflict and civil war: It is included in the category of international disputes and civil wars that occur in today’s world. The Syrian Civil War and Ukrainian War have led to the destruction of many civilian damage and social infrastructure. Unlike the past, these modern wars appear in various forms such as the use of advanced weapons, cyber attacks, and economic sanctions. In addition, the international community’s intervention and humanitarian support are important factors.
- Social confusion and conflictIn a broad sense, war is also used to figuratively express social confusion and serious conflict. When the economic crisis, political turmoil, and social conflict are severe, it is also expressed as ‘economic war’ and ‘political war’. This is not a real war situation, but it is an expression that emphasizes the state of serious turmoil. This figurative use has the effect of emphasizing the seriousness of the situation.
War is a tragic event that has been repeated through human history, and its impact lasts for a long time in various ways, including society, culture, and economy. Through the lessons of war in history, we can reflect on the preciousness of peace and the harshness of war. In modern society, wars still occur throughout the world, which remains an important task for the international community.
Refinance
In Korean, it means ‘the act of rioting for the purpose of breaking down the territory or constitutional order of the state’ in Korean. According to Article 87 of the Penal Code, the Ranan refers to the act of “a riot for the purpose of excluding state power or by part of the territory of the Republic of Korea.” The national constitutional disturbance means ignoring the procedures set by the Constitution or Law and destroying the constitutional function or overthrowing the constitutional agency. Ranan is not just a political opposition, but a serious crime that threatens the state of the state itself. For example, “May 16 military rebellion, Yushin’s coup, and May 17 military rebellion are events that can be seen as real civil history in Korean modern history.”
Legal definition and composition requirements of civil crime
Rebellion is a crime that attacks basic order inside the state, and has a clear configuration requirement:
- Purpose: In order for the establishment of a civil crime, there must be a clear purpose of the land rule (excluding the exercise of sovereignty for the territory of the Republic of Korea) or the state constitutional disturbance (the extinction of the constitution, overthrowing the constitutional institution). This purpose is a direct threat to the national existence that is distinguished from the simplicity of political complaints.
- Riot: The core act of rebellion is a riot. Riot is a combination of a large number of people to exercise violence, which should be at least enough to destroy the well -being and order of the province. Unlike simple protests and small conflicts, it must be accompanied by organized and large violent events.
- Execution: Reverse sins are subject to punishment not only for non -guys, but also for preliminary, conspiracy, incitement, and propaganda. This reflects the purpose of the law to strictly regulate the preparation stage, even if the risk of civil war is very high.
Punishment of rebellion and statute of limitations
Rebellion sin has a severe punishment system that reflects its seriousness:
- Differential punishment by role: The rebellion is punished by dividing it into a hurricane (head), an important mission, an hatching practitioner, and a simple perspective according to the role of the participant. The hydrangea is in the death penalty, an imprisonment, or a weapon safe, and an important mission worker is sentenced to death, weapons, or imprisonment or safe for more than five years. Those who execute killing, destruction, and looting are also punished.
- Rebellion murder: In the case of murdering a person for the purpose of rebellion, a separate rebellion murder is established, and is the most serious punishment of death penalty, imprisonment or weapon safe. This is a regulation that reflects the seriousness of casualties that occur in the process of refining.
- Exclusion of the statute of limitations: The civil crime is a crime of destruction of the constitutional order, and the statute of limitations is not applied under the Special Act on the Limitory of the Constitutional Destruction Crime. This means that no matter how long it has passed, the actor who is in charge cannot escape the legal responsibility.
Case of civil history of Korean modern history
There are many cases of call in Korean modern history:
- Yeo Soon Ran Incident: The case of Yeosu and Suncheon, which occurred in 1948, is considered an early civil history of Korean modern history. At that time, the soldiers influenced by the South Road Party rebelled, and in the process, many casualties occurred. This case shows the political confusion of the new Korea, and there is a record that Park Chung -hee was arrested by the Namro Party and was convicted.
- 5 · 16 military coup: A coup d’etat caused by military forces centered on Park Chung -hee in 1961 is a representative case that has overthrowed the legitimate scene government. This coup was established by a military government, and then Korean politics was placed under the influence of the military. Historically, it was also called a beautified term of revolution, but it is legally obvious.
- 12 · 12 incidents and martial law expansionOn December 12, 1979, the new military forces centered on Chun Doo -hwan ignored the military command system and caused military rebellion. In the process, the armed suppression of the Gwangju democratization movement was carried out, and Chun Doo -hwan and Roh Tae -woo were later punished for rebellion.
Rebellion and democracy
Rebate is a concept that fundamentally conflicts with the democratic system:
- Unjust of constitutional values: Reverse is a denial of national sovereignty and democratic procedures guaranteed by the Constitution. Democracy is the basic principle of peaceful power transfer and rule of law, which violates these principles in front. Thus, rebellion is considered a challenge to the democratic system itself beyond simple crimes.
- Historical lesson: In Korean modern history, democracy retreats and seriously violated the basic rights of the people is an important lesson that awakens the dangers of civil war. This historical experience emphasizes the importance of legal and institutional devices to defend the constitutional order.
Rebate is one of the most serious crimes that threatens the existence of the state and the constitutional order, and it has occurred several times in Korean modern history. These all cases hindered the development of democracy, but at the same time it became a historical lesson that awakened the importance of constitutional order and the value of rule of law. Today’s strict legal regulations and punishment for civil war are becoming an essential device for defending democracy and ensuring peaceful political development.
Quantity
The civilians (內 亂 魁) means ‘the head of the head that planned and led the rebellion in Korean.’ In December 2020, the term ‘monster’ has been Korean as ‘head’, but the expression ‘civil war’ is still widely used as a legal term. Rebellion refers to the act of rioting for the purpose of excluding state power or by the purpose of disturbing state constitutions. For example, in 1997, former President Chun Doo -hwan was defined as a “civil war” in relation to the 12/12 military rebellion, and was sentenced to death.
Legal definition and punishment of civil war
The civil war is one of the most severe punishment under the criminal law:
- Legal definitionAccording to Article 87 of the Criminal Code, the civil war (current ‘head’) refers to the leader of the act of “a riot for the purpose of excluding state power or by part of the territory of the Republic of Korea.” The national constitutional disturbance refers to ignoring the procedures set by the Constitution or Law and destroying the constitutional function or overthrowing the constitutional agency. The civil war is the chief executive who planned and commanded the entire act in a higher position than a simple participant or conductor.
- Punishment: Punishment for civil war is imposed on the death penalty, imprisonment or inorganic safe, the highest level of punishment under the Korean Criminal Court. This is because the civil war is a serious crime that threatens the existence of the state itself. In addition, the civil crime is a dedication destruction crime, and the statute of limitations is not applied, so it cannot be left out of legal responsibility over time.
Rebellion and historical case
There are important cases in Korean modern history as defined as a civil war.
- 12 · 12 Military rebellion and 5 · 17 martial law expansionOn December 12, 1979, the new military forces centered on Chun Doo -hwan ignored the military command system and caused military rebellion. In the process, the armed suppression of the Gwangju democratization movement was carried out, and the court judged that this series of actions corresponds to the national constitutional eggs. In particular, the Supreme Court stated, “It is not to be tolerated in any case of the constitutional violence, not the democratic procedure set by the Constitution, or to control the power of the constitutional institution or to take over the regime.”
- The meaning of the judgmentIn 1997, former President Chun Doo -hwan was sentenced to death due to civil war, and former President Roh Tae -woo was sentenced to 17 years in prison for participation in civil war. This ruling has become an important precedent for the application and interpretation of civil war in Korean modern history, and has established the law that the functional paralysis of constitutional institutions, such as the blockade of the National Assembly, is a national constitutional egg.
Changes in rebellion and legal terms
Legal terms are changing with the times:
- Korean language process: December 8, 2020, through the Penal Code amendment, the term ‘samga’ has been changed to ‘head’. This was part of the efforts of the Ministry of Justice’s efforts to speak difficult legal terms to increase the accessibility and reliability of the people. However, in the legal profession and the media, the expression ‘civil war’ is still used. This change of terminology does not change the essential contents of the law, but is aimed at ensuring that the general public can understand the law more easily.
- DifferenceUnlike the criminal law that applies to civilians, the term ‘수’ is still used in the military law that applies to soldiers. Article 5 of the Military Penal Code states that it is a “death: death penalty”, defining the rebellion crime, maintaining a more strict punishment standard for the leaders of military rebellion. This reflects the serious dangers of rebellion in the military on national security.
Modern meaning and importance of civil war
The concept of civil war is important for democracy and the protection of the rule of law:
- Constitutional order protectionThe strict legal provisions for civil wars are an important legal device to prevent attempts to overthrow the constitution and democratic procedures with violence. This reflects the principle of rule of law that no political purposes or justifications will not tolerate the constitutional order to force. In particular, the Republic of Korea has recognized the importance of these legal safety devices through the historical experience of military coup.
- Political debate: The term civil war is sometimes at the center of political debate. In recent years, this term is mentioned and controversial, but in order to be legally defined as civil war, strict legal requirements and judicial judgment are required. The allegations of civil war must be treated carefully due to the seriousness and should be based on legal facts, not political investigations.
Ran -Ran -Water is a concept that has an important meaning in the process of developing Korean modern history and democracy beyond simple legal terms. This reminds us of the importance of defending the constitutional order and respecting democratic procedures, and in no case, attempts to achieve political purposes in violent ways cannot be accepted. Understanding of civil war can help to recognize the value of democracy and the importance of rule of law.
FAQ
Q: What is the war?
A: War is a Chinese word that means ‘the war of war’. It is a word that combines war and confusion, and is a concept that includes the confusion and pain of society as a whole beyond simple battles. Historically, there are big wars such as the Imjin War, the Byeongja Horan, and the June 25 War.
Q: What is the legal definition of the civilization?
A: Rebellion is a criminal law ‘sin that is rioted for the purpose of the land of the land or the national constitution.’ The national constitutional disturbance means ignoring the procedures set by the Constitution or Law and destroying the constitutional function or overthrowing the constitutional agency. Rebate is a serious crime that attacks basic order inside the state.
Q: What is the quenism (head) and what is punished?
A: The civilian hydrangea has been in Korean as a “head -headed head” due to the revision of the Criminal Code in December 2020, and refers to the leader who planned and led the rebellion. According to Article 87 of the Criminal Code, the head of the head is charged with the highest level of punishment for death, imprisonment, or weapon safe. The civil crime is a crime destroyed by the dedication and the statute of limitations is not applied.
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