조선 후기 국문장편소설에 나타난 ‘군법(軍法)’의 양상과 의미

Abstract

In this paper, we organized the overall use of military law(軍法) materials that appeared in Korean full-length novels in the late Joseon Dynasty and then attempted to investigate their meaning within the context of the actual state of military law in actual history and the network of relationships with other Korean classical novels. In Korean full-length novels, military law is recognized as a harsh legal system that presupposes heavy punishment related to life and death, while the scope of application and method of punishment are limited according to a certain system. As the special situation of war is assumed, front-line commanders are given strong decision-making authority, and are even given the discretion to ignore even the provisions of military law. However, even if the authority itself is limited or exercised, there are differences in the method of punishment depending on the crime, such as punishment for simple defeat, violation of order, rebellion, rape, and adultery. This is also consistent with the reality of military law enforced during the Joseon Dynasty. Through the use of military law materials in Korean full-length novels, we can see how contemporary novel writers and readers who created and enjoyed this group of works achieved literary achievements by reflecting and refracting the real-world indicators of military law into fictional narratives. While constructing a realistic martial law in a fictional world based on the upper level of consciousness, cultural customs, and level of knowledge, it went beyond simple imitation and diversified the narrative grammar that made up the work. Meanwhile, when compared to examples of other Korean classic novels, the use of military law material in Korean full-length novels shows a more rational and realistic aspect while intertwining with Confucianism of the relevant works. However, since it does not deviate significantly from the position of the upper class, the ruling class of the time, and interest in the lower class is limited, there is also a limitation in not being able to fully show the full picture of military law as a historical reality encompassing the upper and lower classes.