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커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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In this article, basically the time period which began with the latter half of the Joseon dynasty and ended with the promulgation of the 『刑法大全(Grand Penal Code)』 in 1905 will be examined, and more importantly, the changes that occurred in that time period in terms of the status that the 『大明律(Grand Ming Code)』 occupied inside the Joseon penal code system, will be examined. Also examined, are the characteristics of the penal code structure of that time. Results of such examination are as follow.
First, since the early days of the Joseon dynasty, the Joseon government had used the 『Grand Ming Code』 as a general law code, and utilized the national laws(國典) such as 『Gyeongguk Daejeon』 as a set of special laws.
Second, coming into the latter half period of the Joseon dynasty, people came to understand the contents of the 『Grand Ming Code』 more precisely, and many new Sugyo/受敎 orders were created, in order to replace the laws from the 『Grand Ming Code』 that were in some cases not applicable to the Joseon situation and environment. As a result, the National laws came to play a much bigger role in the Joseon penal code system, compared to the situation of the early days of the Joseon dynasty.
Third, as modem and reformative legislations began and continued since the Gabo-year reform in 1894, a lot of penal laws were also newly created. Of course some of them were modified versions of regulations that had been included in the 『Grand Ming Code』, but in many cases, new regulations that were designed to overcome both the 『Grand Ming Code』 and the societal legacy(such as social-classes) of the past mirrored by the Ming code were being created.
Fourth, the 『Grand Penal Code』 which was promulgated in 1905 was a penal code that had a structure much more similar to the modem-style penal code structure, in terms of design and contents, and it was also quite a departure from the traditional penal code structure. But nonetheless, inside the 『Grand Penal Code』 we can find many of the penal regulations that had been included in the 『Grand Penal Code』. We can see that at least until 1905, the traditional penal code system represented by the 『Grand Penal Code』 was not entirely ignored or abolished.
First, since the early days of the Joseon dynasty, the Joseon government had used the 『Grand Ming Code』 as a general law code, and utilized the national laws(國典) such as 『Gyeongguk Daejeon』 as a set of special laws.
Second, coming into the latter half period of the Joseon dynasty, people came to understand the contents of the 『Grand Ming Code』 more precisely, and many new Sugyo/受敎 orders were created, in order to replace the laws from the 『Grand Ming Code』 that were in some cases not applicable to the Joseon situation and environment. As a result, the National laws came to play a much bigger role in the Joseon penal code system, compared to the situation of the early days of the Joseon dynasty.
Third, as modem and reformative legislations began and continued since the Gabo-year reform in 1894, a lot of penal laws were also newly created. Of course some of them were modified versions of regulations that had been included in the 『Grand Ming Code』, but in many cases, new regulations that were designed to overcome both the 『Grand Ming Code』 and the societal legacy(such as social-classes) of the past mirrored by the Ming code were being created.
Fourth, the 『Grand Penal Code』 which was promulgated in 1905 was a penal code that had a structure much more similar to the modem-style penal code structure, in terms of design and contents, and it was also quite a departure from the traditional penal code structure. But nonetheless, inside the 『Grand Penal Code』 we can find many of the penal regulations that had been included in the 『Grand Penal Code』. We can see that at least until 1905, the traditional penal code system represented by the 『Grand Penal Code』 was not entirely ignored or abolished.
목차
머리말
1. 조선후기 형사법 체계와 『대명률』
2. 갑오개혁 이후 신법령의 제정과 『대명률』의 위상 변화
맺음말
〈Abstract〉
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