조선시대 위조 범죄의 규제와 처벌 — 『대명률』 형률 ‘사위詐僞’편의 조선시대 적용을 중심으로

Abstract

This study explores how ‘Deceiving and Counterfeiting’ Provisions of the Great Ming Codes were applied and modified over the criminal system of the Chosŏn Dynasty. The criminal provisions of the Great Ming Codes served as overarching regulations during the Chosŏn era, enabling the development of Chosŏn’s pertinent laws based on these provisions. Thus, a comprehensive understanding of forgery crimes during the Chosŏn era necessitates a meticulous structural analysis of the relevant provisions in the Great Ming Codes, followed by an examination of the changes and implementation of laws in Chosŏn. To initiate this investigation, the present paper primarily scrutinizes Section 24 of the Great Ming Codes, which specifically addresses deceiving and counterfeiting crimes. It focuses on analyzing the characteristics encompassing the constitutive elements and penalties associated with the various forgery offenses outlined in its 12 clauses. By undertaking this analysis, the study traces the legislative transformations pertaining to Chosŏn’s endeavors in regulating forgery crimes. Subsequently, it explores a range of forgery crime cases sourced from chronological records and legal documents to examine the state’s perception of forgery crimes and discern the distinctive features of the legal proceedings in such cases. Through this meticulous analysis, the paper aims to shed light on the modifications evident in the provisions of Section 24 of the Great Ming Codes within the context of the Chosŏn era’s social transformations, ultimately elucidating the evolving perception of forgery crimes within the Chosŏn state.