13세기 후반 원나라의 刑政 간섭과 고려의 대응

Abstract

While The Yuan dynasty had first begun to impose its punishment-based governance (刑政, Hyŏngjŏng) system on Koryŏ during the early part of the reign of King Wŏnjong, such interference for the most part remained relatively moderate in terms of its compulsiveness and aggressiveness. Interference during this period was by and large designed to lower the risk of the emergence of any resistance to Yuan rule. This reality is strongly supported by a look at the imperial ordinance prohibiting individuals from possessing weapons, the incident surrounding the false accusation of Kim Panggyŏng, and the so-called ‘Kyŏngchang Kungju Incident’. Rather than strictly adhering to established Yuan punishment principles, the Yuan government instead opted for a case by case approach in each of these instances. However, the extent to which Yuan imposed its own punishment-based governance system was gradually heightened as Koryŏ’s status as a Pumaguk (駙馬國, son-in-law state) was consolidated and its political subordination to Yuan became more firmly entrenched. This denouement is clearly evidenced by a look at the manner in which the Yuan government handled the false accusations leveled against Cho Pi, and the various incidents that occurred as a result of the frictions between the factions supporting King Ch΄ungnyŏl and King Ch΄ungsŏn. This tendency in fact reached a new zenith during the period in which a political tug of war erupted between the supporters of King Ch΄ungnyŏl and King Ch΄ungsŏn over who should sit on the throne. The Yuan dynasty’s aggressive interference in the various incidents that emerged during this fragmentation process resulted in all but usurping Koryŏ of its power to rule independently. Although Koryŏ received permission from Emperor Kublai Khan to maintain its traditional laws during the reign of King Wŏnjong, the Yuan dynasty increasingly forced its own punishment-based governance system on Koryŏ. King Ch΄ungnyŏl urged the Yuan Dynasty to allow Koryŏ to exercise autonomy where the punishment-based governance system was concerned. Despite the fact that Koryŏ received a positive answer from the Yuan government regarding its ability to autonomously control the existing punishment-based governance system during the late period of King Ch΄ungnyŏl’s rule, the reality on the ground proved to be quite different. Furthermore, the judicial function that had heretofore been exercised by the Military Governor (Tarugach’i) on a case by case basis increasingly fell within the scope of the regular Yuan legal system following the establishment of a Branch Secretariat (征東行省理問所, Zhengdong xingsheng) responsible for the imposition of cardinal forms of punishment and the judgment of criminal cases. As such, while the Yuan Dynasty had initially pursued a policy line that involved allowing Koryŏ to continue to some degree to exercise autonomy where its punishment-based governance system was concerned as part of its wider efforts to gain influence within the Koryŏ court, it over time adopted a much more stringent course of action that was designed to strengthen Koryŏ’s subordination and establish complete control over the latter’s politics. The widespread Yuan interference and control of the outcome of various criminal cases that occurred prior to Koryŏ’s official acceptance of the Yuan’s legal system and codes in essence means that in reality the latter already exercised full control over judicial enforceability. Consequently, the restoration of autonomy where the punishment-based governance system was concerned became a prerequisite for Koryŏ in terms of its wider efforts to do away with its subordination to the Yuan Dynasty.