조선시대의 형사제재

Abstract

Under the Korean Criminal law system, crime and punishment are the means which are developed by a historical awareness of European countries. Korea, however, established an independent Criminal legal system. In the era of founding the State, Joseon dynasty borrowed "the Great Ming Code"(Da Ming Lu) of Ming dynasty of China. After that, Joseon dynasty enacted "Great Codes for Governance of the State", called Gyeongguk daejeon, which was based on Da Ming Lu. Thus, Joseon dynasty had an independent penal code and administered an independent criminal legal system. But some scholars make an objection to this view. The purpose of this paper is to oppose the opinion that Joseon dynasty did not an independent criminal legal system. Also, This paper argues that in order to understand the legal categories, specifically the criminal legal categories, of a Korean Joseon dynasty by the annals of the Joseon Dynasty(also known as the Joseon dynasty sillok). In conclusion, the main purpose of this paper is to redefine the punishment system of Joseon dynasty. Finally, this article argues that the penalty system of Joseon is not a pragmatical system which was based on retributionism but is an inheritable value which was based on an independent criminal legal idealism.