조선후기 獄案修啓의 실태와 「秋曹決獄錄」의 편찬

Abstract

This study looked into the establishment of ‘Okansugye’ system for the operation of penal administration during the process of strengthening laws in the late Joseon Dynasty and compiling Chuchogyeoloklok(秋曹決獄錄) as its outcome, and the characteristics of its data. The government standardized the system of writing official records of criminal cases, and compiled those official records cases into books. It ordered the Ministry of Justice and Euigumbu to make a book from the already decided official records of criminal cases, and Nanggwan(郎官) of the Ministry of Justice abstracted and reviewed them by year to compile Chujogyeoloklok. Chujogyeoloklok included the edited criminal case records during the reign of King Cheoljong and King Gojong, and mainly recorded Gyemok(啓目) of the Ministry of Justice and government offices, records of criminal investigation, Gyeokjaeng wonjeong (擊錚原情), Gyebon(啓本) about exiles and murder cases, amnesty documents, and Jeongyo(傳敎). In short, since Chujogyeoloklok recorded and complemented the key points of important documents accompanied in all processes where the king’s verdict regarding one case is passed, it served as the integrated system of criminal Gyeolokjib. This book can be valuable for more in-depth approach about relations between the nation’s social control and crime as well as national observation and the public’s deviation through basic review of traditional criminal theory and specific causes and effects of crimes.