조선후기 포도청의 사법적 위상과 활동 변화

Abstract

During the Joseon Dynasty, Podocheong(捕盜廳) had a certain role and status in the judicial system. In case of a criminal, Podocheong(捕盜廳) provided the basis for criminal procedure by receiving of confession through the arrest and investigation of the criminal, preparing a Chogi(草記), which is the first draft of investigation, and transferring it to Hyeongjo(刑曹) or Uigeumbu(義禁府). Therefore, in order to comprehensively understand the judicial system of the late Joseon Dynasty, it is necessary to review the judicial functions and roles of the Podocheong(捕盜廳) and to understand the principles of organic operation with other judicial bodies based on them. In this paper, the change in the judicial status of Podocheong(捕盜廳) was first considered focusing on the incorporation procedure into Jigsuamun(直囚衙門) and the affiliation between Hyeongjo(刑曹) and Byeongjo(兵曹). In other words, the fact that Podocheong(捕盜廳) has become Jigsuamun(直囚衙門) is the proof that it has established itself as an official judicial body. It is also understood that Hyeongjo’s(刑曹) attempt to organize Podocheong(捕盜廳) into its affiliated organization means it’s consciouosness as an its judicial competitor. The process of transfering prisoners who claim innocence back to the Podocheong(捕盜廳) was implemented for the time being but was soon abolished. This was due to the temporary expansion of authority of Podocheong(捕盜廳), but soon returned in its original status. In addition, the scope of the judicial activities of the Podocheong(捕盜廳) was expanded by participation of Pododaejang(捕盜大將) in the investigation of the treason case. As above, the Podocheng(捕盜廳) had been rooted in judicial system after repeated changing of their role and status during 17~18th century. Based upon its institutional stability, the Podocheng(捕盜廳) had been remained as a security service organization without any systemic innovation in 19th century.