조선후기 推鞫 운영 및 結案의 변화

Abstract

The Office of Arraignment in Chosun was a temporary institution to investigate serious crimes threatening the security of the dynasty such as rebellion or treason. The general procedure of arraignment performed by the office usually included interrogation, statement, torture, re-interrogation, decision, application, and execution. Decision is a document and a procedure written on the basis of confession to conclude the case. Confession, decision, and application were essential processes for right punishment, and torture such as clubbing, pressing, and branding were applied for completing the execution. When the prisoner did not confess, decision was written including intention of the interrogator. After decision was written, punishment was executed through application of relevant penalty. Until the period of King Hyojong, the procedure of arraignment including confession, decision, application, and execution was established, and as a result, decision had been settled as essential process. In most cases of this period, confession of the prisoner was founded, but in some cases decision consisted of what the prisoner did not confess. Also in records of interrogation, decision was not expressed as independent forms and the kun-gak for expressing identity of a prisoner had not been established in its writing. In emergency such as enthronement or rebellion, some processes such as application were dropped. In the period of King Hyonjong, the process of arraignment was completed as decision was expressed as independent document: decision consisted of kun-gak of one's identity and content of confirming the confessed crime. Between the period of King Sukjong and the earlier period of King Yeongjo, the process of arraignment including Jik-we- so-yeo-jung (confession), decision, and application was applied without exception. After King Yeongjo directly intervened arraignment when he was threatened of his legitimacy from Musin rebellion, the established process of arraignment was greatly changed: the process of application was omitted; decision was not submitted in some cases; and the process of writing decision was more threatening and compulsive than before. Since the period of King Jeongjo, confession and the method of writing decision have been changed as the form of interrogation was changed to be a form of a series of questions and answers. As interrogators intervened into decision more deeply, their intention was more likely to be reflected into decision. As a result, the interrogation used for compelling confession was intactly used as the confession of crime in decision. Such decision was maintained until the records of interrogation in the period of Kojong. Eventually decision became not the process of confession of a prisoner and its final confirmation but the one of settlement of crime, confession of a prisoner, and final confirmation by interrogator. Although the form of decision for finishing a case by confession of a prisoner was retained, its content was severely deteriorated.