숙종 대 부당 형벌 논란과 형정운영의 변화

Abstract

This study focuses on the social context of the abolition of torture in late Joseon criminal proceedings. This article examines the interactions between the common people, the Yangban(兩班), and the state surrounding the Chukguk(推鞫) of Park Tae-bo(朴泰輔) in the 15th year of King Sookjong(1689) to identify patterns of initial responses. These phenomena had a political background that stemmed from the 17th-century king Sookjong’s abuse of unjust punishments. From the very beginning of his reign, Sookjong was under political pressure from the Vongdang party over the issue of undecided succession. After being unable to produce an heir for a long time, Sookjong had a son by Heebin Jang(張禧嬪) in the 14th year of Sookjong (1688), and tried to secure his succession by declaring him an successor just two months after his birth. This led to the reorganization of the state based on the Nam-in(南人) by ousting the Seo-in(西人). Furthermore, Sookjong wanted to solidify his succession by abdicating Queen Inhyeon(仁顯王后), who could potentially weigh on the political role of successor. However, his decision to abolish Queen Inhyeon provoked a strong backlash from the Seo-in, and in the process, he subjected Park Tae-bo to various illegal and harsh punishment and tortured him to death. The torture death of Park Tae-bo in the 15th year of Sookjong (1689) was an extreme manifestation of Sookjong’s brutal punishment. Sookjong executed arbitrary punishment in a way that was illegal in terms of its rationale, procedure, and outcome. Park Tae-bo was killed by Sookjong’s brutal punishment, and criticism from all walks of life across the country flooded in. At the same time, a novel 『Park Tae-bo Jeon』 (『朴泰輔傳』) was created to reproduce these brutal scenes and was recognized as a representative case of ‘unjust punishment’. The tortures of Apseul-hyung(壓膝刑) and Nak-hyung(烙刑) are now remembered not as a “useful tool for interrogating treasonous criminals” but as a representation of the “unauthorized cruelty of the state”. The case led to certain changes in the administration of justice. While torture was highly effective in eliciting confessions, it had its limits and would eventually be discontinued if the political and social criticism would be provoked. Sookjong gradually stopped using torture in light of reconciliation and social criticism, and revised the Criminal Procedure Act to regulate the procedural legitimacy of criminal justice operations. Thus, the criminal justice reforms of the late Joseon Dynasty were not the result of a political decision by policymakers during the 18th-century reign of Youngjo, but rather the result of responsive institutional changes reflecting social demands that had accumulated since the 17th century.