법서의 출판과 보급으로 본 조선사회의 법적 성격

Abstract

In this article, I analyze legal aspects of traditional Korean Society by publications and spread of legal books. In Chosun Dynasty (1392∼1910), Codes and legal books were published and spreaded continuously from Taemyunglyulchikhae [大明律直解] (1395) to the Penal Code of the Imperial Korea [刑法大全] (1905). These facts were possible owing to social atmosphere. So Chosun Society is estimated as the society of ‘rule of law’. In the former Chosun Dynasty, features of publications and spread of legal books are as follows: compilations of fundamental codes as like Kyungkuktaechun [經國大典], importations and uses of Chinese legal books as like Taemyunglyul and Muwonrok [無寃錄], publishings of private legal books as like Sasongyuchwi [詞訟類聚]. In the latter Chosun Dynasty, they are as follows: compilations of total codes in which the former codes and regulations were collected as like Soktaechun [續大典], compilations of legal cases and precedents as like Chukwanchi [秋官志], in King Kochong [高宗], diverse compilations of laws and cases as like Taechunhoetong [大典會通] and Yukchunchorye [六典條例] to restore the governmental systems. To know spread of legal books, I survey Gosachwalyo [故事撮要] and the book-lists of Kyuchangkag [奎章閣]. As the results, totally it was very low, but the importance of legal books was higher in the former Chosun Dynasty than the latter relatively. In the latter, Kings were emphasized in codifications, and Yuneum [綸音] which was Kings’ decrees was promulgated in a large. Especially, the King Yung-Chungcho [英正祖]’s those were over half in the total period. Finally, I think principle of ‘rule of law’ was important in the former Chosun Society, but its importance was lower in the latter. I decide the phenomena as ‘return from system to personality’. And I hope to criticize and debate my theme.