CHAPTER XIV

EDUCATION AND THE PUBLIC JUSTICE

Until recently neither public education nor public justice, in the

modern meaning of these terms, has had any existence in Korea. Even

those who were regarded as preferred candidates for government positions

in educational and judicial fields were not really fitted for the

intelligent and faithful performance of their duties—supposing (what,

in most cases, was not true) that they really desired efficiency and

true success. For the common people of Korea, indeed for all except the

most highly privileged classes, there was no opportunity for learning

and no conception or experience of the fair, legal safeguarding of human

interests and human rights. The older educational methods, so far as

method existed at all, were patterned after those of China; but they were

never so thorough or excellent of their kind as were the Chinese. Civil

service examinations were indeed required for official preferment. These

examinations were exceedingly superficial, and were not guarded against

fraud; so that the selection of successful candidates was too frequently

made on quite other grounds than those of superior excellence in passing

the examinations. To this latter fact the Korean stories of poor and

worthy candidates who have been unjustly deprived of the offices to which

they were entitled bear an ample and often dramatically pathetic witness.

While, as to the almost total absence of even-handed justice, from the

central government at the Court down to the most petty of the local

magistrates, the entire history of Korea is one continued pitiful story.

With regard to the condition of the public education as late as just

previous to, and even after the attempted reforms of 1894, we quote the

following description from the _Korean Review_ of November of 1904:

According to Korean custom and tradition, any man who knows

Chinese fairly well can become a teacher. There is no such

thing as a science of teaching, and the general average of

instruction is wretchedly poor. The teacher gets only his

deserts, which are extremely small. The traditional Korean

school-teacher, while receiving some small degree of social

consideration because of his knowledge of the Chinese

characters, is looked upon as more or less of a mendicant.

Only the poorest will engage in this work, and they do it on

a pittance which just keeps them above the starvation line.

It has been ingrained in the Korean character to reckon the

profession of pedagogy as a mere makeshift which is only better

than actual beggary. If you examine the pay-list even of the

Government schools, you will find that the ordinary wage is

about thirty Korean dollars. This means about fifteen _yen_

a month, and is almost precisely the amount that an ordinary

coolie receives. This wretchedly low estimate of the value of a

teacher’s services debauches the whole system. The men who hold

these positions are doing so because nothing better has turned

up, and they get their revenge for the inadequacy of the salary

by shirking their work as much as possible.

It would seem from this account that the contemplated reforms of the

educational system, which had been inaugurated ten years before, when the

old-fashioned civil-service examinations were abolished, had remained,

as is customary with all reforms in Korea if not enforced from without,

merely matters of so much paper. Another writer[72] about midway in this

decade gives a somewhat better account of Korean educational affairs

after the Chino-Japan war. The “present favorable aspect of education”

at that time this writer attributes to the influence of the war. It is

to be noted, however, that the “favorable aspect” covers, for the most

part, only the special schools established in Seoul and does not regard

the unimproved and still deplorable state of the public education in

the country at large. Stricter attention to the extent of this alleged

improvement, even within the city of Seoul, shows how limited it really

was. Besides well-deserved praise bestowed upon the few missionary

schools, only the governmental so-called “Normal School,” in which

30 scholars were enrolled, and which was presided over by Mr. Homer

B. Hulbert, and a school for teaching English to the sons of nobles,

numbering 35 pupils, are given as examples. Inasmuch as the latter

school had the same teacher, and he was justly complaining that his

obligation to teach the young Yang-bans interfered with his legitimate

work, the cause of the _public_ education could not have made any

considerable advances at this time. The same report speaks of a Japanese

school maintained in Seoul by the Foreign Education Society of Japan,

in the following significant way: “It was organized in April, 1898, as

a token of the sincere sympathy for the lack of a sound educational

basis in Korea, with the view of giving a thorough elementary course of

instruction to Korean youths, and ‘thus aiming to form a true foundation

of the undisputed independence of that country.’”

In further proof of the undoubted fact that the reforms of 1894 had

accomplished little in Seoul itself, and almost nothing at all in Korea

outside of the capital, we may appeal again to the testimony of the

writer in the _Korean Review_: “We do not see,” says this writer, “how

the government can be made to realize the importance of this work. When

no protest is made against the appropriation of a paltry $60,000 a year

for education as compared with $4,000,000 for the Korean army, there is

little use in expecting a change in the near future. The government could

do nothing better than reverse these figures; but the age of miracles is

past.”

“Before suggesting a possible solution of the question,” this writer

goes on to say, “we should note with care what is at present being done

to provide young men with an education. There are the seven or eight

primary schools in Seoul with a possible attendance of forty boys each.

This means a good deal less than 500 boys in this city of over 200,000

people, including the immediate suburbs. At the least estimate there

ought to be 6,000 boys in school between the ages of ten and sixteen.

Practically nothing is being done. As for intermediate education there is

a Middle School, with a corps of eight teachers and an average attendance

of about thirty boys. The building, the apparatus, and the teaching staff

would suffice for about four hundred pupils. There are several foreign

language schools, with an attendance of anywhere from twenty to eighty

each, and they are fairly successful.... Then there are the several

private schools, almost every one of which is in a languishing condition.

A Korean will start a private school on the least provocation. It runs

a few months and then closes, nobody being the wiser, though some be

sadder. When we come to reckon up the number of young Koreans who are

pursuing a course of instruction along modern lines, we find that they

represent a fraction of less than one per cent. of the men who ought to

attend, and might easily be doing so.” Such was then the condition of

the public education in Korea even down until after the beginning of the

Russo-Japanese war, or in November of 1904.

The foregoing true account of educational matters in Korea is further

confirmed and expanded by the Official Report more recently given out

in the name of the Residency-General.[73] The report, however, notices

the existence of the accepted means of education for the village

children in the provinces. These means were employed, after a debased

Confucian system, in so-called _Syo-bang_ by a sort of village dominie,

who gathered about him the children of the neighborhood and taught them

the rudiments of reading and writing the vernacular. There were in 1894

some ten thousand of these schools scattered throughout the peninsula.

In the barest rudiments of the native language the instruction they

gave was deficient; of modern education in other matters, there was

nothing. In Seoul there was also a high-school of Confucian learning (a

_Syöng-Kyūn-Koan_); where the students were taught the three “Primary”

and the four “Middle Classics,” and were given some lessons in history,

geography, composition and mathematics.

The same Report further agrees with the Article in the _Korean Review_

in considering the reforms proclaimed in 1894 by the government as

ineffective. The schools which sprung up under the “Primary School

Ordinance,” with the intention of introducing the Western system of

education, were almost without exception of the old (_Shobo_) character.

And, indeed, how could it be otherwise, when there were no teachers

who could give the rudiments of a modern education, and few pupils who

desired such an education? As for the middle-grade education which the

Seoul schools professed to give, there was little or nothing to bear out

their pretensions.

[Illustration: Street Scene in Seoul.]

The Residency-General aims, therefore, “at nothing less than the

establishment of an entirely new system of education for Korea.” But the

system does not propose to interfere with, much less wholly to close,

the existing old-fashioned Confucian institutions. It will, the rather,

gradually displace them by something better. The Government system as now

planned contemplates supplying the nation with the necessary schools of

the different grades, in accordance with the outline of reforms given

below.

1. The former “Primary Schools” have been renamed “Common

Schools.” The Common School Ordinance and Regulations have

been drawn up and put in practice; the ten primary schools

of various kinds in Seoul having been turned into Government

Common Schools, and the thirteen Primary Schools in the

provinces into Public Common Schools. The class work under

the new _régime_ was begun in September, 1905, in all these

schools. It has been arranged, further, to establish Public

Common Schools in twenty-seven principal cities and towns of

the provinces in April this year.

2. The former “Middle Schools” have been renamed “High

Schools”; and the “High School” Ordinance and Regulations

issued. The period of study in these schools has been fixed

at four years, and graduates of the Common Schools are to be

taken without the examination, which is, however, required

in the case of other candidates for admission. The number of

regular course students in each of these schools is fixed at

200, with the proviso that they may open a _Hoshu-kwa_ class

(or _interim_ class for those who need to complete their

qualification before taking up the regular course).

3. Reforms and the expansion of the scope of work, judged

necessary and advisable, have been effected for the Normal,

and the Agricultural, Commercial and Industrial Schools, which

all retain their old names, while the Medical School has been

attached to the _Tai-han-ui-won_ (or “Great Korean Hospital”).

4. Out of the 500,000 _yen_ provided for the extension of the

educational system, a sum of 340,000 _yen_ has been expended in

newly constructing, renovating, or enlarging the Common School

buildings. The remaining 160,000 _yen_ has been put in part to

the service of new buildings for the Normal, the Agricultural

and Forestry, and the Commercial Schools; and in part to the

fund for necessary construction work and equipment for the

schools of the Middle Grade.

5. Besides the schools described above, a special institution

having the name of _Syu-hak-won_ has been established

for giving education to the children of the Imperial

and aristocratic families. It has been placed under the

superintendence of the Minister of the Household. The regular

number of scholars received into this institution is fixed at

twenty. The course of instruction given is not dissimilar to

that in the common schools.

Any account of educational reforms in Korea would be quite inadequate if

it did not include mention of the new provisions for medical and surgical

treatment and for the education of native physicians and surgeons.

Incredible as it may seem, it is true that there was in the spring of

1907 only one native in all Korea who had received a thorough modern

medical education; and this one was a woman who had studied in the United

States and was connected with the medical work of the Methodist Mission

at Pyeng-yang. In connection with one of the three small hospitals

hitherto existing in Seoul there has been for some seven years a Seoul

Medical College, with only one Japanese instructor. The hospitals are

now to be united in a single large institution, for which 280,000 _yen_,

to be spent in construction, and 123,600 _yen_, for maintenance, have

already been provided. This hospital will also have charge of training

for the medical profession and for hygienic and sanitary administration.

The site has been secured and the construction of the buildings begun,

with the expectation of having them completed during the year 1907.

The educational work thus far actually accomplished in Korea has been

chiefly done by the missionary schools. Among these schools those

belonging to the Korean Mission of the Presbyterian Church in the United

States are most numerous and effective. The Annual Report of this Mission

for the year 1906, under the head of “Educational Work,” furnishes

information as to the following among other particulars. The total

enrolment of the “Academy” was 160, of whom 104 remained in school till

the close of the year. In the autumn of 1905, twelve of the students,

“contrary to advice and orders, left the school and joined the throng at

Seoul, who wanted to lay their lives on the altar of their country in the

effort to retain their national independence. The twelve were suspended

for the year. Order was finally restored, and the remaining pupils

returned to their work with renewed zeal.” The class which graduated

in June, 1906, consisted of four members. In the fall of 1906 a sum of

money amounting to somewhat more than $2,000 was collected with a view

to starting a so-called “college.” The theological instruction which was

carried on at Pyeng-yang during the months of April, May, and June, of

the same year, became the germ of a developing “Theological Seminary”

for the training of an educated native ministry. An advanced school

for girls and women had an enrolment of 53 for the year. The number

of local primary schools was 4 for boys and 3 for girls, with a total

attendance of 494; to these should be added, of the “country schools,”

62 for boys and 8 for girls, with a total attendance of 1,266. Such is

the report of the “Pyeng-yang Station.” In the “Seoul Station,” for the

same year (1906) the report shows a total of 105 boys, in 4 schools,

under 5 teachers, and of 48 girls, in 4 schools, under 4 teachers (rated

as “Primary Schools”), in the city of Seoul; and 27 schools with 303

boys and 35 girls, belonging to the churches in this station, outside of

Seoul. There was also in this district one “Intermediate and Boarding

School,” with 60 boys and 23 girls numbered among its pupils. While

the building to accommodate the boys of this school was in process

of erection, they were combined with those of a corresponding school

belonging to the Methodist Mission; and the united work carried on in

the building belonging to the latter Mission thus attained a total

enrolment of 150 pupils. Without mentioning the educational work done

in less important stations of this Mission, it is enough to say that in

the year 1906 there were 7 schools of a grade above the primary, giving

instruction to 255 boys and 125 girls, and 208 schools of the lower grade

with an enrolment of 3,116 boys and 795 girls as the aggregate number of

their pupils. Most of the schools of the primary grade, however, consist

of “classes” somewhat irregularly taught, insufficiently supplied with

teachers, and wholly without adequate permanent accommodations.

Into the actual condition of educational work in Korea, so far as such

work is dependent upon the attitude of the Koreans themselves, the

following extract from the Report of the Union High School gives a

significant glimpse:[74]

Union school work was opened up in the building known as

_Pai-chai_, and was carried on there during the year. As is

usually the case in opening a term in Korea, the first two

weeks were a period of growth. The students who were with us

last year came straggling along, while those who came for

initial matriculation found their way to us from day to day,

until about 130 names were on the roll. It will be a day of

rejoicing when Korean students come to appreciate the opening

day and are to be found in their places on that day, ready

for work. As it is now, a day or two, a week or two, or even

a longer period, matters little to them; they come to take up

their work when it is wholly convenient to them. It is easy

to see that this slip-shod way of doing things is a serious

drawback in school work, and it is hoped that in some way it

may be brought about that every day late at opening will be

counted a day lost by the student himself. But this can be

secured only when a higher value is placed upon time than it

now has. Now that our boys are fairly well classified, it is

hoped that the difficulty may in a measure be remedied by

compelling those students to drop back one form whose general

attendance grade, class-room work, and examinations do not come

up to the prescribed standard.

The Mission of the Methodist Episcopal Church in Korea, in its Conference

Report for the year 1906, gives the number of its so-called “High

Schools” as 2, with 3 teachers and 93 pupils, and of its “other schools”

as 54, with an enrolment of 1,564 day scholars. A year later the

statistics presented to the Conference stated: “The Mission maintains 106

schools with 3,787 pupils under instruction.”

In connection with the hospitals under both these Missions at Seoul and

at Pyeng-yang, a beginning has been made in the preparation of medical

text-books for native use, and in the training of natives for the medical

profession.

The showing made by the facts just stated is meagre enough, when we

consider that it is the best that can honestly be made for a modern

nation of about ten millions. There is reason to believe, however, that

the statistics exaggerate, rather than minimize, the results already

achieved along educational lines. There has, indeed, been a beginning,

but only a beginning. There are generous plans adopted and set in

operation; but the effectual working of these plans on any considerable

scale remains for the future to bring about. The interest of the Emperor

and his Court in the educational reform of Korea was no more to be

depended upon than was their interest in any other reform, or real and

substantial good, accruing to the benefit of the Korean public. So far

as these influences prevailed, the Korean system was in 1904, and would

have remained, an affair of paper only. But the Korean Department of

Education, under the Residency-General, has co-operated faithfully in

efforts to give to the country an efficient system of public education.

The former Minister of Education, now (1907) Prime Minister Yi, has

been at once the strongest and the most sincere of the Korean officials

under the Japanese Protectorate. The hope of Korea, and the realization

of the hopes of the Marquis Ito for Korea, depend upon the initiation

and execution of a wise Government policy of education more than upon

any other one influence. Unaided by Japan, Korea would never bring this

about. As said Mr. Hulbert, when in his better mind:[75] “_What Korea

wants is education_; and until steps are taken in that line there is

no use in hoping for a genuinely independent Korea. Now we believe

that a large majority of the best informed Koreans realize that Japan

and Japanese influence stand for education and enlightenment; and that

while the paramount influence of any one outside power is in some sense

a humiliation, the paramount influence of Japan will furnish far less

genuine cause for humiliation than has the paramount influence of Russia.

Russia secured her predominance by pandering to the worst elements in

Korean officialdom. Japan holds it by strength of arm, but she holds it

in such a way as to give promise of something better. The word reform

never passed the Russian’s lips. It is the insistent cry of Japan. The

welfare of the Korean people never showed its head above the Russian

horizon, but it fills the whole vision of Japan; not from altruistic

motives mainly, but because the prosperity of Korea and that of Japan

rise and fall with the same tide.”[76]

In the future development and administration of educational affairs in

Korea two principles are especially important to be kept in mind. The

first is the necessity for co-operation on the part of all the educative

forces under some system or general plan. On the one hand, the private

and missionary schools could never suffice for the educational reform

of the nation; neither could they supply adequately the needed number

or kind of schools for its proper educational development. In general,

missionary schools belong to the planting and earlier stages of religious

propagandism among peoples who have either no system of public education

or a system which is hostile to religious influences. Missionary schools

are of necessity foreign schools; when they have effectually performed

their initial work, they should somehow become a part of the native

equipment for educating the people. As we have already said, they have

until recently been almost the only—though exceedingly meagre and

faulty—means for giving the rudiments of a modern education to a small

fraction of Korean youth. They never could be developed, if they remain

simply missionary schools, so as to cope with the entire educational

problem in this land of public ignorance and of intellectual and moral

degradation. Those who are in charge of them, therefore, should be among

the most forward to welcome cordially, and effectively to assist, the

organization and advance of a national system of public education in

Korea. Otherwise their highest service can never be rendered to the

country; their most important and ultimate purpose of contributing toward

the evolving of an intelligent Christian nation can never be realized.

On the other hand, any plans for the establishing and developing of a

system of education in Korea at the present time should be wise and

generous in the matter of taking into its confidence, and availing

itself of, the assistance of the mission schools. So miserably poor is

Korea in all resources of this character, that the barest principles

of economics enforce the necessity of her availing herself of all

possible helps. Moreover, the converts to Christianity—although a very

considerable proportion of them are ignorant of the truths, and negligent

of the morals, of the foreign religion they suppose themselves to have

espoused—are multiplying rapidly, and are destined to become of more

and more political and social significance in the near future. Some

sort of regulated co-operation and conformity to a general plan should,

therefore, as speedily as possible be secured between the Government and

the private Christian schools. The Japanese and Korean Governments and

the Missionary Boards should speedily agree upon some common plan for

the requirements of the primary and secondary grades of instruction, and

thus actively assist each other in the attainment of their common end.

That this cannot be done without sacrificing the special interests deemed

most important to each, it would be in contempt of the good sense and

sincerity of both to affirm.

The second most important principle to set in control of the educational

system of Korea is this. At first, and for a long time to come, it

should be pretty strictly limited to fitting the Koreans themselves

for a serviceable life, in Korea, and under the conditions, physical,

social, and economic and political, of Korea. To educate—after the

fashion followed too much by Great Britain in India—thousands of Korean

_babus_, who thus become unfitted for the pressing needs of their country

at this present day, and inclined to idleness rather than any hard and

disagreeable but useful work, would be a mistake which neither the

Government nor the Missions can afford to make. It is a fact, however,

that, up to the present time, too large a proportion of the Korean youth,

whether educated abroad or in the missionary schools at home, have

lapsed into this worthless class. When called upon to _work_—manfully,

faithfully, persistently, doing with his might what his hand finds to

do—the Korean, like the Indian _babu_, is likely to show that his modern

education has the more unfitted, rather than the better fitted, him

for the effectual service of his country. If this should be the result

of modern education, it would be scarcely more to be commended, under

existing conditions in Korea, than was the education of the old-time

Confucian schools.

The extension of the educational system of Korea ought, therefore,

for some time to come to be almost exclusively limited to these two

lines—namely, to providing the barest elements of a modern education

for all the children of Korea, and to the equipping and developing of

the means for fitting the youths of both sexes for the most needed

forms of public service. The time to spend large sums of money on the

higher branches of a liberal culture has not come as yet for Korea. The

present urgent need of the country is for men who will tend her fields

and forests, develop her mines and manual arts and manufactures with

intelligence; run her railroad trains with safety; who will occupy her

magistracies with some knowledge of ethics and of law; and care for

her sick and injured with skill in medicine and surgery. Colleges and

universities for rearing scholars, authors, philosophers, or gentlemen of

learned leisure with Government sinecures, can bide their time.

The deplorable condition of the Public Justice in Korea, from the

beginnings of the history of the United Kingdom down to the present

time, has been both assumed and illustrated in the preceding pages.

It is difficult to give any adequate picture of this condition in few

words. The restraints of a constitution or a recognized legal code have

had no existence. Court and local magistrates have been alike, with rare

exceptions, either inefficient or wholly corrupt. The administrative

and judicial functions have not been distinguished, and both have been

under the control of “influence,” and devoted to “squeezes” and bribes.

Of this illegal and unjust condition the police and the army were,

under the old system, the instruments. And whenever during these sad

centuries of injustice an occasional monarch, or a few of the inferior

officials, attempted reform, if in the one case the attempt was partially

successful, the old condition soon returned; while the inferior official

who wished to be more just than his colleagues, by this very attempt

risked his position or even his head.

Among the reforms contemporaneous with the Chino-Japan war (1894), the

remedy for the existing maladministration of justice in Korea naturally

had a prominent place. Some of the forms of injustice then in common

use—such as the bribing of judges and the punishment of accused persons

without even the semblance of a trial—had no justification under Korean

law, so far as law existed at that time. Other equally deplorable

forms of injustice were, however, strictly legal;—as, for example,

the infliction of penalties on the innocent relatives of a condemned

criminal, and the imprisonment of the household of an official charged

with extortion. In particular, the use of torture—barbarous in kind and

extreme in cruelty—was in “full accord” with the legal system of the

Ming dynasty in China, which formed the basis of the Korean code. Of the

older forms of torture some, such as crushing the knee-caps, slitting

the nostrils, applying pincers or hot irons, had already been in 1894

abolished by the Ming dynasty; but a great number of equally painful

forms of torture were still legally in practice at that time. Among

such were seating the victim on hot coals, driving splinters under the

toe-nails, applying fire to the feet and hands, pounding the shins, and

squeezing the ankles. On the eleventh of January, 1895, however, the

Minister of Justice obtained the king’s assent to the abolition of all

the more severe forms of torture _except in capital cases_. To enforce

confession of guilt by beating with a stick was still to be allowed.[77]

The reforms promised and inaugurated in 1895, with respect to the

improvement of the administration of justice, like all the other reforms

of that time, scarcely went beyond the so-called “paper stage.” Some

forms of torture were, indeed, no longer customarily practised; but on

the whole the barbarous treatment of accused and convicted criminals

was not greatly improved. In civil cases the practice of the Court and

of the magistrates was never worse than during the period preceding the

Russo-Japanese war. It was, as has already been shown (p. 233 _f._), “an

orgy of independence.”

In the opinion of Marquis Ito, when he became Resident-General, the

primary and most important thing in the interests of the public justice

was the discovery, systematizing, and promulgation of the “law of

the land.” But how should this difficult task be accomplished? Or—as

involving subordinate questions of great importance—upon what foundation

of principles should the task be undertaken? In the reforms of 1894-95

the plans of the Korean and Japanese enthusiasts involved the sudden

making of all things new. At once, a tolerably complete modern code was

to be devised and forced upon the people of Korea. In accordance with

these plans an abundance of legislation was enacted; but most of it was,

of necessity, ineffective, since it was neither adapted to the present

condition of Korean civilization nor ever honestly applied. At the

present time in Japan and in view of the large increase of power given to

the Resident-General by the Convention of 1907, there is a difference of

opinion as to the proper procedure in the reform of the public justice

in Korea. A certain party would repeat the mistakes of more than a

decade ago. They would have the Japanese Protectorate secure the “entire

adoption of the new Japanese Criminal Code, and in civil suits provide

Korea with ‘an entirely new set of laws’ patterned after those of modern

civilized nations.” This would be a comparatively easy matter, so far

as the _preparation of a code_ is concerned. But it would undoubtedly

be relatively defective so far as the actual reform of justice in Korea

is concerned. “The Resident-General,” says Mr. Stevens, “is manifestly

determined to avoid this mistake, and to provide, in the first place,

some adequate means for the enforcement of the law.” Meantime, the work

of codification is proceeding cautiously. The first step in this work was

directed toward the “law affecting real estate.”

“This law”—namely, the law affecting real estate—“has been taken up

before all others, because, despite the fact that in the present economic

condition of the country immovables form the most important object of

ownership, Korea as yet possesses no law of any real efficiency to

protect rights relating to real property. For instance, in selling

and buying a piece of land or in mortgaging it, the parties concerned

have nothing to go by but to follow the old custom of handing over and

receiving the _bunki_, or title deeds, which are generally in the

form of a file of documents vouchsafing the transaction. It so happens

that the country is now flooded with forged _bunkis_, and there is

really no security for property. For this reason, in July last (1906)

the Resident-General caused the Korean Government to institute a Real

Property Law Investigation Commission, and urged the investigation of

established customs and usages pertaining to immovables, with a view to

drafting with the utmost despatch a law of real property of a simple and

concise character. The Commission made rapid progress in its work, and

in consequence of this the Land and Buildings Certification Regulations

(Imperial Ordinance) and the Detailed Rules of operation thereof (Justice

Department Ordinance) were promulgated respectively on the 31st of

October and the 7th of November following. According to the Regulations,

in the case of transfer of land lots and buildings by sale, exchange,

or gift, and in that of mortgaging them, the contracts are certified to

by a _Kun_ magistrate or _Pu_ prefect; and a contract thus certified

constitutes a full legal document, by virtue of which the transfer may be

validly carried out without decisions of any law court. When, however,

one of the parties to the contract happens to be an alien, not a Korean

subject, the document needs to be additionally examined and certified to

by a Resident, otherwise the document is lacking in legal efficacy. When

neither of the parties are Korean subjects, certification by a Resident

alone is sufficient. Simple as the law is, its effect is far-reaching.

To give an instance, originally treaties with Korea took cognizance of

a foreigner’s right to possess land only within the settlements and one

_ri_ zone around them, and hitherto all foreigners have experienced

considerable difficulty in securing landed property in the interior

of the country; but now, the above Regulations recognize the right of

foreigners to possess land in the interior, and the result of their

promulgation is the practical opening of the whole empire to foreigners.

“Following this line of action, the Real Property Investigation

Commission is steadily working on laws of various descriptions, and it is

expected that before long that body will be able to recommend some plan

to place the land system of Korea on a solid and fair basis. As soon as

the Real Property Law is drawn up and promulgated in a perfected form,

the codification of other laws will be taken in hand.”[78]

The necessity for providing means effectively to enforce the existing

and the newly to be enacted laws is obvious to any one who is acquainted

with the methods of Korean justice down to the present time. This

necessity becomes the more imperative on account of the condition of

dissatisfaction and unrest which followed the Russo-Japanese war and the

establishment of the Japanese Protectorate over Korea. It was further

emphasized and brought to an acute form at the time when the abdication

of the Emperor and the disbandment of the Korean army, on the one hand,

exaggerated the alleged reasons for revolt, and, on the other hand, let

loose the forces most ready and appropriate to make revolt effective. The

experience in connection with the repeated attempts made to assassinate

the Korean Ministry showed plainly enough that Korean police and military

could not be depended upon to protect the rights or the lives of their

own countrymen. Subsequent events showed that these same “minions of the

law” were most dangerous to the property and lives of foreigners. Hence

the imperative need of a reorganization of the police. On this matter of

reform, the Report of the Resident-General discourses as follows:

In olden times Korea had practically no police system. Under

the central Government there was indeed the “Burglar Capture

Office,” while the provincial Governors were privileged to

exercise police powers for the maintenance of peace and order.

But the evil practice of selling offices being prevalent, the

officials made it their business to extort unjust exactions,

and the people enjoyed no security of life and property. In

the year 503 of the Korean national era (1894) the “Burglar

Capture Office” was closed and replaced by a “Kyöng-mu-chyöng”

(Police Office), the latter being entrusted with the work of

administering and superintending the police and prison affairs

within the city of Seoul. The capital was then divided into

five wards with a police station in each. Further, the Korean

Government engaged advisers from among police inspectors of

our Metropolitan Police Board, and put in force various laws

and ordinances, defining and regulating the duties of the

police force, besides adopting fixed uniforms for men and

officers, all in imitation of the Japanese system. At the

same time the “Kyöng-mu-koan” was created in the provincial

Governor’s Offices, for the exclusive management of local

police affairs. Since then numerous changes have followed,

and the Japanese police advisers have been dismissed. In 1895

the Kyöng-mu-chyöng was abolished, and a new Department of

Police was established. Then the police administration of the

whole country was centralized in the hands of the Minister of

Police. This innovation was, however, but short lived, and

the Kyöng-mu-chyöng came to be resuscitated, the whole police

system being now placed in the control of the Minister of Home

Affairs. At that time, in virtue of her treaty with Korea,

Japan not only took her own means of protecting her subjects

residing in that country, but despatched police officials

who were required in carrying out her rights connected with

her Consular Courts. Subsequent to the Japan-China war, the

number of Japanese resident in Korea steadily increased, and

as years went by a similar change took place with regard to

the number of our police attached to the Consulates, so that

the latter had finally to have a regular police station within

each Consular compound. Thus it happened that by the time of

the Russo-Japanese war, Korea had come to have two police

systems in force in the land. When the war broke out Korea

engaged Japanese advisers for her police administration, and

everything connected therewith, large or small, underwent

changes in accordance with their views. At that juncture there

was necessity, for military reasons, of introducing into Korea

Japanese military police or gendarmerie, so that the country

has since come to have simultaneously within her bounds three

police organizations—namely, the native police, the Japanese

Consulate police, and the gendarmerie.

On the establishment of the Residency-General, after the

termination of the war, all three systems were brought under

the unified control of the Resident-General, in such a manner

as to promote the national tranquillity of Korea, each

supplementing the work of the other. Under the new arrangement

all ordinary police work is placed in the hands either of the

Japanese or of the Korean police, to suit the needs of the

localities concerned; while the gendarmes are to look after the

higher class of police affairs or those relating to acts that

tend to endanger the safety of the Korean Imperial House, or

to defy the authority of the Korean Government, or to disturb

the friendly relations between Japan and Korea. At one time

the gendarmerie was divided into twelve sub-companies, and

fifty-five detail stations were established for them. Under the

new _régime_ 184 men have been honorably discharged, having

been retained in the service beyond their regular term, or

belonging to the reserve. At the same time the number of detail

stations was reduced to thirty-two. The need of augmenting the

strength of the Japanese and native police being increasingly

felt, measures are being steadily taken in this direction

within the limits which the circumstances allow.

The laws of the land may be enlightened in their construction, and the

police thoroughly well organized and efficient; but if the courts of

justice are not intelligent and honest, the public justice is not secure.

In Korea, as in China, from which country she derived her administrative

and judicial system, two principal evil influences have prevented any

effectual reform in the judiciary. These are the failure to separate

the executive and judiciary branches of government, and the fact that

officials generally have not been dependent upon sufficient salaries for

their reward, but, chiefly, upon the amounts which could be squeezed out

of the offices.

“The way in which justice has been administrated in Korea,” says the

Report, “is too revolting to all sense of decency to be told in detail.

Her political development has never yet attained that stage when the

executive and judiciary branches of government separate and become

independent of each other. The privilege of meting out justice has always

been in the hands of executive officials, and abuses have grown up in

consequence of this. Justice, which should always be fair and upright,

has generally allowed itself to be influenced by the amount of bribe

offered, and right or wrong often changed places according to the power

and influence of the parties concerned. The conviction of innocent

people, the confiscation of their property, and the liberation of the

guilty, all under a travesty of trials, have been common occurrences;

very frequently, too, contributions in money or in kind have been

extorted under threats of litigation. Korea, indeed, possesses a law

court organization by virtue of a law promulgated in 1895, and according

to it the courts are of the following descriptions: 1. Special Court of

Law (tries crimes committed by members of the Imperial family). 2. Court

of Cassation. 3. Circuit Courts. 4. (Seoul) The Trade Port Courts (courts

of first resort). 5. District Courts (courts of first resort), and their

branches (when needed).”

“The truth is, however, that this organization exists merely on paper,

the only courts in actual existence being the Court of Cassation and

the Seoul Court. In the provinces, the governors, commissioners and

superintendents are, as of old, also judges and hear and judge both civil

and criminal cases. The _Kun_ magistrates, too, retain their judiciary

powers, which are, however, limited in extent. Even at the independent

courts, such as the Court of Cassation and the Seoul Court, judges and

prosecutors are men totally deficient in legal knowledge and training,

and their judgments often end in the miscarriage of justice. It is not

surprising that justice is generally made the object of ridicule and

contempt in Korea both by the natives and by foreigners. Treaties give

foreigners from the West the right to bring an action against the natives

in the Korean Courts in cases of a certain description; but none of them

has ever made use of such a right. When any legal dispute arises, these

foreigners always make an international question of it and bring it

before the Residency-General. Leave the situation as it at present is,

and the day will never come when Korea may be freed from the system of

extra-territoriality. It being evident that the chief cause responsible

for this regrettable state of things lies in the judiciary in force and

the incompetency of judges, the Resident-General has decided first to

effect reform on these two points, with others to follow gradually. The

reforms he has already put in practice for this purpose may be outlined

as follows” [Here given only in summary form]:—

The creation of the office of Chief Councillor in the Department of

Justice (the incumbent to be a Japanese); increase in the number of

judges, procurators, and clerks; the constituting of the Prefects of the

eleven Prefectures to act as Judges; provision for proper offices and for

the travelling and other expenses of the Judges and the Law Courts; the

introduction of rules of the civil service order, so that care may be

exercised in the appointment of judiciary officials, etc.

It has already been made sufficiently clear, however, that the one

instrument of the public justice which comes closest to the common

people of Korea, and which determines more than any other the spirit of

satisfaction with their condition or of unrest and revolt, is the local

magistracy. On the “Reform of Local Administration” the Report remarks as

follows:

One thing that has defied satisfactory solution ever since

the beginning of the present Yi dynasty is the problem of the

political division of Korea. Soon after the Japan-China war,

Pak Yong-hyo, who was then Minister of Home Affairs, tried a

radical change by turning the country into 23 prefectures.

It was an innovation indeed, but short-lived, for not long

after the country returned practically to its former division

of 13 provinces, one crown district, three prefectures and

341 districts (excepting Han-Yang _pu_), with a Governor for

each province, a Crown Commissioner for the crown district, a

Magistrate for each district, a Prefect for each prefecture,

and a Superintendent for each open port. Nor has this division

seen much change since then. It is true that the question of

local administration was one of the many that confronted the

Residency-General when it set out on its work of politically

regenerating Korea. A special Commission was instituted, and

under the direction of the Resident-General its members carried

investigations deep into the root of the evils and abuses to

be removed. As the result all changes, sudden and radical,

from fear of unnecessarily provoking popular excitement, were

carefully avoided. Having in view, however, the new condition

of things, the Commission decided on a plan of provincial

reforms, which took the form of an Imperial Ordinance

proclaiming a “New Official Organization” and “Detailed Rules”

for its operation. These were issued on the 28th of September

last and put in force on the 1st of October.

The more detailed features of the reforms proposed are uninteresting and

difficult to understand for one not making a special study of Korean

local administration from the expert’s point of view. In general, the

reforms are intended to separate the appointment and control of the local

magistracy from Court and other corrupt official influences; to put a

stop to the evil practice “of selling offices by holding examinations for

official candidates”; to reduce the temptation to increase the squeezes,

by increasing the legitimate salary and by providing properly for office,

travelling, and other expenses; and to adopt and install “a new official

organization for the provincial governors and their subordinates,

classifying the nature of the business to be managed by them and defining

their powers of issuing administrative orders, of levying local taxes

and of conducting other affairs.” These reforms require a considerable

increase in the number of officials in both the _Do_ (or Province) and

_Pu_ (or Prefecture); but they leave the _Kuns_ (or smaller districts)

substantially unchanged in this regard.

Besides the above changes, the Residency-General has already established

a Residency or a Branch Residency in each of the provincial capitals.

Further, the Local Administration Investigation Commission is now making

enquiries into village constitutions, village assembly regulations,

and other village association systems, handed down from olden times.

From the data thus obtained, a plan will be drawn up for the ultimate

introduction of the system of local autonomy. As to the reorganization

of the Law Court system, the independence of the Department of Justice,

the separation of tax collection from routine executive business as the

result of the establishment of a new Taxation Bureau with a chief of its

own, etc., these form, no doubt, a part of local administration reform.

Only the result can tell how far, and how soon, these plans for the

reform of the public justice in Korea can so change its present

deplorable condition in this regard as to satisfy the reasonable wishes

of the Marquis Ito, and the Japanese Government, so far as it is

supporting him in his peaceful and benevolent plans. The events which

have occurred since this Report on Administrative Reforms was composed,

have, on the one side, given to the Resident-General and his helpers a

freer hand in a more open field, but on the other they have augmented the

responsibilities and in some respects increased the difficulties of their

task.

In Korea with Marquis Ito · 第 14 / 19 章