續大典의 위상에 대한 小考 ― ‘奉祀 및 立後’조를 대상으로 ―

Abstract

In this essay, I pursue the legislative process about the Succession of the Ancestor Worship in the Soktaechun of which meaning is the follower the Kyungkuktaechun(經國大典), and evaluate the compilation of the Soktaechun. The Chosun Dynasty which proclaimed rule of law was editing many codes like the Kyungcheryukchun(經濟六典), the Kyungkuktaechun, the Soktaechun, the Taechun -tongpyun(大典通編), Taechunhoetong(大典會通) and so on. The sources of laws were king's decrees which were called Sugyu(受敎). The codification was put together and arranged them according to the legal system in the Chosun Dynasty. The Sugyu before 1475 were arranged in the Kyungkuktaechun promulgated in 1485. After the Kyungkuktaechun, many Sugyus were enacted and so laws were complex. And then other codes were edited. Their names were various according to their contents like Taechun(大典), Sokrock(續錄), Chiprock(輯錄), Tongko(通考) and so forth. The highest code is Taechun which is the Great Code. The Soktaechun was the first great code which was the law after the Kyungkuktaechun. It is evaluated that it was not the great code, the only Sokrock which is supplementary. This conclusion is derived by analyzing the political processes that many codes were compiled concerning the Soktaechun. But in this conclusion, the attribute of law and the significance of codification are missed. In the Soktaechun, many Sugyus of the Gagsasugyu(各司受敎), Sugyuchiprock(受 敎輯錄) were selected and arranged. The Sugyu in the Gagsasugyu was the protocol because its contents were very plentiful and the Idu(吏頭) was used. The Sugyu in the Sugyuchiprock was simple and clear. Editing the Soktaechun, many Sugyus were revised or deleted according to purposes of the codification. Many complex Sugyus were unified and codified in the Soktaechun. So the Soktaechun was the Great Code.