≪大明律≫ 與同罪에 관한 연구
A Study on the Yu-tongzui(與同罪) of the Great Ming Code
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In the Great Ming Code(Daminglü; 大明律) is, Yu-tongzui(與同罪) means that one ‘shall be punished by the same penalty’ with the original offender. Only death penalty is mitigated, for the punished person got implicated in other’s crime but he did not commit crime himself. Between yu(與) and tongzui(同罪), the original offender―for example the prisoner or the thief― is inserted in order to show the criterion. On the other hand, Zuitong(罪同) and Zui-yi-ruzhi(罪亦如之) means that one shall be punished on the ground of his own crime, and they used when one offender’s aspect of crime is similar to that of the other. Daemyeongnyul-jikhae(大明律直解) which is Korean adaptation of the Great Ming Code, with inconsistency, took notice of the difference of Yu-tongzui and Zuitong. From her national codes and annals, Chosun Dynasty seems to have taken notice of the difference of Yu-tongzui and Zuitong. This is very important and the reason is: Tongzui and Zuitong are just reverses of each other and have almost the same meaning in common language, but they have significant differences when used as legal terms.
Abstract
In the Great Ming Code(Daminglü; 大明律) is, Yu-tongzui(與同罪) means that one ‘shall be punished by the same penalty’ with the original offender. Only death penalty is mitigated, for the punished person got implicated in other’s crime but he did not commit crime himself. Between yu(與) and tongzui(同罪), the original offender―for example the prisoner or the thief― is inserted in order to show the criterion. On the other hand, Zuitong(罪同) and Zui-yi-ruzhi(罪亦如之) means that one shall be punished on the ground of his own crime, and they used when one offender’s aspect of crime is similar to that of the other. Daemyeongnyul-jikhae(大明律直解) which is Korean adaptation of the Great Ming Code, with inconsistency, took notice of the difference of Yu-tongzui and Zuitong. From her national codes and annals, Chosun Dynasty seems to have taken notice of the difference of Yu-tongzui and Zuitong. This is very important and the reason is: Tongzui and Zuitong are just reverses of each other and have almost the same meaning in common language, but they have significant differences when used as legal terms.
참고문헌 (21)
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