조선후기 ‘치도형(治盜刑)’의운영과 폐지 과정 －포도청(捕盜廳)의 난장(亂杖)을 중심으로－

Abstract

This researcher considers the operation and abolition of nanjang (亂杖) which was adopted to punish the thieves in late Joseon. Nanjang was so-called chidohyeong (治盜刑) of hitting the prisoner’s sole and toes to force the thief to make confession. Officially, chidohyeong was ordered only to thieves or robbers and forbidden at the punishment of general crimes. However, nanjang was not done by the rules of enforcement and rather used as a means of namhyeong. In late Joseon, as judicial reform proceeded, they maintained interrogation procedures and abolished severe punishments. In particular, Yeongjo recognized there existed indictments in the process of questioning the prisoners with the way of forcing a confession through torture and got rid of torturing means such as apseul(壓膝), nakhyeong(烙刑), jeondojuroe(剪刀周牢), and nanjang(亂杖) from Uigeumbu(義禁府) and podocheong(捕盜廳). Like this, Yeongjo’s will about heumhyul (欽恤; dealing with the prisoners prudently) and achievements were noteworthy, but his subjects’ reform measures grounded on practical experience, too, influenced judicial reform significantly. Meanwhile, to understand the actual status of operating nanjang, Kim Seong- pal(金聲八)’s case and 「Podocheong Chuan(捕盜廳推案)」 of Eulhaeoksa(乙亥獄事) were analyzed. Nanjang was generally used as chidohyeong, but it was often abused for other purposes, too. Also, nanjang was a brutal punishment with which the prisoners lost their toes or even died; however, even under this punishment, many of them refused to admit their crime unexpectedly. In 1777(Yeongjo 46), Yeongjo having intention to abolish nanjang did finally get rid of it after pro-con debates with his subjects. But the thieves’ sudden rise never stopped, and Jeongjo tried the restoration of nanjang but failed to carry it out actually on account of the subjects against it. In the reign of Jeongjo, the gonjang(棍杖) system came to be maintained, and chidogon(治盜棍) became established replacing nanjang after all.