19세기 후반 ‘囚徒案’의 분석과 죄인의 실태 －함경남도 지역을 중심으로－

Abstract

This study is basic analysis on records about prisoners(Sudoan, 囚徒案) to examine the status of national records about offenders and the aspects of prisoners on trial. The state took an ideal goal of having no one in prison and made its utmost to prevent the situation involving any delay of a trial, and one of the ways for this was to write Sudoan, records about prisoners. The importance of sudoan was even more stressed in terms of managing and protecting prisoners as articles on records and reports about prisoners were provided additionally to the code in late Chosun. Sudoan(囚徒案) was written in diverse forms by cases or gun-hyeon, and about prisoners, items including his position, name, date of imprisonment, charge, and release were recorded commonly so as to make it easy to understand the status of prisoners on trial and the aspects of the governor’s judgment. This study has examined Hamgyeong-do 『Sudoseongchaek(囚徒成冊)』 that deals with the cases treated by Hamgyeong governor Han Jang-seok while he was in office and reveals how the Hamgyeong-do governor treated offenders in the 19th century partly. What have been found through this are that first, dohyeong(徒刑) and yuhyeong(流刑) offenders described in 『Sudoseongchaek』 were all Hamgyeong -do residents, so with that, it was possible to figure out the aspect of Hamgyeong -do people’s place of exile being designated as Hamgyeong-do, the original province. Second, half of the prisoners on trial were Hamheung residents. Hamheung had Gamyeong(監營), and unlike other gun-yeon in the province, they utilized Bonbu(本府) which was the office of Pangwan(判官), Jungyeong(中營) where Junggun(中軍) stayed, and Podocheong(捕盜廳) as major facilities for imprisonment along with the prison of Gamyeong. Third, the Hamgyeong-do governor treated three offenders for the serious crimes of dohyeong and yuhyeong and also made decisions on and processed 21 jail cases every month. Moreover, those in prison were mostly charged with crimes corresponding to janghyeong(杖刑), and over half of them were released within 15 days, which implies that the governor’s judgment on criminal cases tended to be delayed.