조선전기 형사법과 형정운용에 나타난 愛民的 刑事政策

Abstract

It is possible to detect traces of criminal policy involving tolerance and forgiveness through examining the penalty-related article in the Record of Choson Dynasty. The purpose of this research is to uncover to what extent this criminal policy for the people occupied significance in criminal practice of Choson dynasty. If the operation of criminal system of Choson emphasized on not oppression provoking ruthless fear, but on tolerance, forgiveness and Caring people, then this is moral crux either today’s philosophy of punishment or criminal practice should succeed. Consequently, the research has abstracted examples of commiserative penal administration that showed up from the founding of Choson to codification of Gyonggukdaejon. As a result, it can be said that the early Choson’s commiserative criminal practice came to be the basis of today’s criminal practice as the breakthrough to carry out constitutional and moral state harmoniously. Moreover, as a consequence of such practice having penalty as a measure of displaying generosity and embrace to the people and hence drawing loyalty from them, rather than as a means of oppression and fear, it was possible to perceive that it became essential points in the process of penalty.