15~16세기 조선의 공권력 작용과 공평의 원칙

Abstract

In the confucian government system, the ‘公平(impartiality)’ was one of the most important virtues and the principle of exercise of public power. As the Chonsun Dynasty accepted the confucianism as state ideal, the impartiality became the basic principle of public power system. As ‘公’ signifies right and no private consideration, ‘公平’ dose not mean mere equal treatment but equal by the justice. For that reason, the government power must be fairly and justly exercised in all area, for example punishment, tax, litigation and amnesty and the private interest should not influence the governmental policy decision. Public officers used the impartiality as principal argument when they made support or raised objection on decisions and it was changed by that reason. Sometimes there was a debate of impartial or not in making a system. As there was a principle of ‘公平’ in legal system and it made a control function, it is obvious that the public power was not exercised arbitrarily and pivately by some group or a person in the Chosun Dynasty. It is strong evidence that we can find plenty of cases concerning ‘公平’ in the Annals of the Chosun Dynasty.