≪經國大典≫ 刑典과 ≪大明律≫: 실체법규정을 중심으로

Abstract

Provisions of criminal Section of ≪GyeongGukDaeJeon≫ are divided into a substantive law and a adjective law. The substantive provisions of ≪GyeongGukDaeJeon≫ supplement or replace those of the Ming Code. Because ≪GyeongGukDaeJeon≫ is a special law, it provides the aggravated penalty compared with the Ming Code, for example, the guilt-by-association system for forgery or robbery. An accusation against the elder is also punished with the aggravated penalty in accordance with difference in social status. In addition there are provisions in ≪GyeongGukDaeJeon≫ which coordinate or subdivide those of the Ming Code. They were provided to find out the appropriate provisions applicable to different cases. The conclusion from an analysis on provisions of the Ming Code in comparison with those of ≪GyeongGukDaeJeon≫ is as follows. First, there is a provision of ‘apply the Ming Code’ in the chapter HyeongJeon of ≪GyeongGukDaeJeon≫. The meaning of ‘apply’ in this provision does not always correspond to the literal meaning of ‘apply’. At that time people also used a criminal code for reference and did not always observe law in accordance with a express provision. More references were needed to solve different cases and this resulted in the increase of criminal provisions in ≪GyeongGukDaeJeon≫. Second, we can see the first step of a status system’s intensification in ≪GyeongGukDaeJeon≫. It is focused on the relation of master and servant or parents and son.