19세기 의금부 『시수책(時囚冊)』의 체제와 피죄(被罪) 관원의 실태

Abstract

This thesis has taken a look at the characteristics of applicable data and reality of punishment against government officers by analyzing 5,028 cases of illegal activities involving official affairs or personal violations of government officers appearing in 『Sisu-chaek(時囚冊, a book that recorded the prisoner’s name, crime, sentence and so forth)』 of Uigeumbu(a government office that governs the prosecution affairs of felony crimes) during the 19th century. The record of prisoners in Uigeumbu in the 19th century began in 1810, but it was not regularly processed at this time, and in September 1837 for its full-scale operation. 『Sisu-chaek』, its outcome, has a significant implication in the point that it recorded the prisoners of the central judicial agency, Uigeumbu, as well as being the data to find out the trends for each time sequence, for each government officer and for each penalty against government officers who committed crime in the 19th century. Looking into the status of government officers who committed crime in the 19th century as appeared on 『Sisu-chaek』 of Uigeumbu, first, the illegal activities of government employee were committed the most during the reign of King Heonjong, and tended to decline gradually as approaching to the latter 19th century. For each severity of penalty, the crime of flogging or lesser severity tended to decrease as time went by, but the offenders for hard labor and exile had drastic increase to display the grave illegal activities committed by government employee in the 19th century showed gradual increase as approaching to the latter time. Second, for the government to enforcing the criminal penalty, the reduced sentencing rate due to the preferential treatment of government officers was shown to be high for an average of 78% in the crimes of hard labor or less. However, the offenders for exile only had 16.7% that the preferential treatment for the government officer on its penal punishment was far less significant up to the exile against serious offender. And third, it has a glimpse of the operation status of the 19th century state. The ratio of buying out the imprisonment terms for the offenders of hard labor and exile involving the hard labor taking 48%, almost a half of entire offense, but the exile taking only for 12.7%. For the case of hard labor that had its sentencing period predetermined, there were only 5 offenders released after fully serving the term, with most of them released within 1 year and 6 months. This is the same for the offenders in exile as well that there was no conspicuous difference discovered between hard labor and exile as for the sentencing term. However, the place of exiles for government employee were concentrated in Jeolla-do, Gyeongsang-do, Pyeongan-do and Hamgyeong-do while the exile of offenders in hard labor were restricted in three regions of Gangwon-do, Chungcheong-do (Gongchung-do) and Hwanghae-do. For the cases of the 19th century, the exile region of hard labor and exile was classified, which is indicative of displaying differences between the two penal punishments.