18~19세기 흉주(酗酒) 율령과 그 실태

Abstract

This thesis has contemplated the shift in the policies to prohibit alcohol consumption with the focus on odd behavior from alcohol consumption as one of the ill-effects of alcohol consumption in the 18~19th centuries under the perspective view of history of legal system. Furthermore, by analyzing the statistics on cases of alcohol related issues arising within the palace during the late Joseon Era to analyze the identity, occupation, type of odd behavior after drinking, crime, punishment and so forth of the alcohol consumer to analyze its status. The policy on alcohol ban in early Joseon Era was rather passively controlling with the focus more on rendering relief in response to disaster. However, in the late Joseon Era, the drinking culture dissipated the country to impact on individuals deviating from their normal behavior as well as causing adverse influence in the society. Therefore, the policy on alcohol ban was shifted from the scheme of banning to manufacture alcohol toward the ban of consuming alcohol at all, and furthermore, it made the turn to aggressively controlling those intoxicated persons who drink alcohol and act with odd behavior from drinking or otherwise commit crime. In 1729 (5th year of King Youngjo), the issue of alcohol consumption was first brought up during the process of preparing the regulatory measure by King Youngjo and officers regarding the drinking practice of noble class and various citizens as part of the policy on alcohol ban. Afterwards, in 1755 (31st year of King Youngjo), the unprecedented powerful decree for alcohol ban was declared and the patrolling and punishment against alcohol consumption was strengthened. However, those intoxicated persons did not readily gone away, and rather, it provoked various social issues with the increased crime and litigations. Therefore, King Youngjo and officials perceived the alcohol as the origin of insanity and crime to draft practical control measures. In 1762 (38th year of King Youngjo), King Youngjo drafted the provision to the residents who made odd behavior from alcohol consumption in the street with the serious blow of flogging. Thereafter in in 1767 (43rd year of King Youngjo), King Youngjo newly established the provisions for aggravated penal code for the repeated offender when it amended the penal code regarding the ban on alcohol consumption. Consequently, the patrolling on intoxicated persons that had gradually been strengthened during the King Youngjo’s reign was promulgated under the penal code for 100 floggings for those who committed the crime of odd conduct as promulgated under 『Daejeontong-pyeon』in 1789 (9th year of King Jeoungjo). In the meantime, as a result of analyzing 167 alcohol-related cases occurred within the capital city annually under the reigns of King Injo ∼ King Gojong, 73.6% of entire culprits of alcohol rime occurred during the reigns of King Youngjo∼King Sunjo. This period was consistent to the period of strengthening the penal provisions against the culprits of alcohol rime, which demonstrated the relativity of legal response toward the occurrence of crimes. In particular, the main culprits of alcohol crime depicted from the historic data were not the ordinary people but they were shown as Aeglye with its background of king and the authority of royal palace as well as Harye that belonged to the governing bodies, such as, Seungjeong-won (Royal Secretariat), Hyeongjo (Ministry of Justice), military command and others. They mainly drank alcohol at night, and depended on the power of the government branch that he worked for to commit various alcohol related crimes against the patrolling agents and general citizens who attempted to stop them, and even after the punishment, there was a trend that such odd conduct from alcohol did not improve and such practice was repeated.