南朝 시대 三年喪 “解官” 법률의 시행상 문제점과 개선책

Abstract

This study examined the problems of the law of “Resignation from public office(解官)” for Three-Year Mourning from the perspective of uncertainty in the standard of the mourning period, and reviewed measures of the southern countries that secured legal stability. One of the important criminal components of the Resignation law is the violation of the period of mourning. However, if the period of mourning is not clearly defined, it is impossible to judge the violation of the law itself. In this respect, the Resignation law had the following problems. First, the date of xuanji(禫祭), which means the end of the mourning period, was not unified. The court officially adopted Wangsuk's 25 months, but there were many people who followed Jeonghyeon's 27 months in the private sector. It was not until 27 months was announced as an official example in Song(宋), and all of the southern countries followed Song later. Unification of the date of xuanji should be a priority in order to eliminate the ambiguity and uncertainty of the law. Second, there is a problem of leap month as a matter to be particularly careful about in mourning period. Since it takes 13 months every 2-3 years, confusion occurs if there is no unified leap month application method when calculating the mourning period. In the Southern Dynasty, the principle of calculating leap month was repeatedly confirmed, that for one-year(朞年服) and three-year mourning the leap month was not calculated but for nine months(9月大功服) or less it separately calculated, which had the effect of enhancing legal stability. Third, the in-mind Mourning Rites(心喪制) introduced in the early Jin was followed by southern state. The original deadline for the in-mind Mourning was 25 months, but at that time, some people added xuanji(禫祭) to perform 27 months of mourning. If the deadline for in-mind Mourning is not clearly determined, administrative disruptions will occur, as well as serious judicial problems due to confusion in the criteria for judgement. In Song, a national law was announced to limit the deadline for in-mind Mourning to 25 months, and the Southern Dynasties followed suit. It should not be forgotten that all of the legal texts related to “Resignation from public office(解官)” in the statutes of the Sui-Tang period are laws that have come through the legislative and improvement process of the Yangjin-Nanjiao era.