18~19세기 목민서의 民訴처리와 民狀 자료의 실태

Abstract

This study examines the status of the guidelines for the treatment of civil suits treatment and petition records found in Mokminseo(牧民書) after the 18th century. With the position that the environment of Chungsong(聽訟) should be formed by local governor, Mokminseo demanded not only justice from a trial but local governor in civil suits for receiving, treating, and recording petitions or such. Regarding the guidelines on the treatment of civil suits found in Mokminseo during the 18th to 19th century, first, we can find an emphasis on autonomy in submitting a petition. Anyone could present a petition, but deputy submission was not allowed. Second, efficiency was sought in the receiving and treating of petitions. In handling petitions, the process from reception to judgment had to be treated on the same day by principle, and there was a method of treating petitions according to the distance from the house, which indicates a stress on the efficiency and promptness of civil administration. Third, local governor were desired to handle tasks directly and promptly. Local governor came to be directly involved in the tasks of treating petitions which had been assigned to iseo(吏胥) previously, which not only eliminated their corruptions that occurred in the middle but delivered civil complaints within the jurisdiction properly. Furthermore, to carry out increasing civil suits tasks efficiently, they received petitions and made judgments immediately to ensure simplicity and promptness. Fourth, recording petitions was performed constantly. The records of petitions were used as references to check the officials’ results of judgments, and it was intended to enhance the effect of reducing lawsuits. The ultimate goal of these principles for civil suits treatment was to deliberate on civil disputes and render judgments promptly as a way to pursue sasonggan(詞訟簡) to reduce lawsuits. In particular, it can be said that the civil suits guidelines of Mokminseo have the characteristics of a practical guideline for this purpose in the aspect that the method of execution of dansong(短訟, short trial) is generalized in the later Joseon Dynasty.