조선시대 법전을 통해 본 행형의 인본주의적 성격

Abstract

Today, the correctional service has implemented many educational programs to aim at sound rehabilitation of prisoners. In addition, the remaining colonial period terms was also changed a significant portion. However, it is true that inherent correctional tradition which is internal part of correctional service has been neglected in comparison to outcome of external parts. As Joseon Dynasty accepted Confucianism as their national teaching, when it comes to the execution of a sentence, judge laid emphasis on not punishment but correcting an offender’s mind. It was because they have a strong belief that human has good nature in their heart. It can be called of the criminal justice policy for the ritual politics. It puts its focus on realization of courtesy and used punishment as a means of assistance. In this perspective, kings of the Joseon dynasty took an interested in vacating prison not confining prisoners. Therefore, from the earliest days of the Joseon Dynasty, the ruling class took care of administration of prison and status of prisoners. It was the general attitude of ruling class of the Joseon Dynasty towards criminal justice policy. Based on this criminal justice policy, to realize vacating prison, many system was created. Some of them are remission system, Bobang(the bail and reimprison system) and sin with the money. Moreover, to respect human life, three instance trial system in the death-row convict, limited trial date, limitation of torturing were created. In addition, special law was formed for women, elderly ones and minors. What all of these systems commonly seek was love and respect towards human. In other words, they tried to have tradition of execution of a sentence based on humanism. Although this humanistic correctional tradition was not always executed by the law, ruling class of Joseon dynasty tried to embrace prisoners by correcting them based on ideology of Confucian. In addition, they consistently show their interest to those released prisoners. It helped to create humanism tradition of execution of a sentence. A country without national pride cannot have firm identity. And it leads the country to do nothing independently. This treatise was written to inspire correctional officials to have self-esteem by studying tradition of execution of a sentence based on humanism.