復讐 殺人事件을 통해 본 朝鮮後期의 社會相 －『審理錄』을 중심으로－

Abstract

The Joseon Dynasty attempted to keep the stability of the public order by more emphasized the family system on centered-patriarchal, more built up the tie of kinship and by evolved the culture of clan rules that set much value on the paternal blood to keep and stability of the public order in the later. The Joseon Dynasty attempted to built up a moral idea for parents to strengthening of patriarchal, to sure the connection of father and son’s ethics with the filial piety. On this, the Joseon Dynasty was judged the practice of filial piety by revenge for parents, unlike that, case of murder to revenge for parents was applied the rate of revenge, set much value on the ethics standard of farther and son by judge with low sentences. The ethics standard of later on the Joseon Dynasty was built up the connection of father and son as well as brothers and sisters, kinsman group on basis of the paternal blood. The extension of ethics standard appeared the cause to generate the revenge for brothers and sisters, kinsman group, like the revenge of parents. In the 18th, a revenge case of murder almost judged by low sentences compare to another murder, this phenomenon is cause of lower the sentences of a crime in case of the motive for the crime agree with standard of confucian morality on careful examine, but not the king punish that the people was commit a crime by rigid rules according to crime results. But, strictly speaking, revenge was an offence in legalism of the Joseon Dynasty, include the factor of ignore and threaten the public order and judicial power. The noninterference legal position, an idiomatic recognition and an encouragement policy for revenge was also evolve the social problem. Therefore, the Joseon Dynasty attempted to prevent the confusion of public order and to keep the dignity of reign power by preparation the limiting management and restricted matters for revenge act to permit the personal revenge in the law system. When look around a revenge case of murder generated in the 18th by Simrirok, a revenge case of murder of the day was almost appeared phenomenon by sacrifice of obligation that the governance class, commoner and the male and female servants, etc, to keep the honor and prevent of the oneself family or kinship, the ethics standard for family and patriarchal is being to enforcement and internalization by magnification of looking downward for the governance class includes the commoner and the male and female servants as well as the control class includes the nobility according to emphasis the patriarchal system and the paternal kinship.