19세기 조선 관찰사의 사법적 행위의 실증적 고찰

Abstract

The aim of this paper is to reveal in detail the characteristic features of judicial actions handled by the Provincial Governor of Joseon in the 19th century. In Part Ⅰ, I clarified the meaning of judicial acts. In Part Ⅱ, I presented concrete examples of how the Provincial Governor responded in the field of civil justice area. In Part Ⅲ, I presented the fact-finding function conducted by the Provincial Governor in the felony case, especially capital case excluding homicide cases and the reporting function to the monarch in detail. In Part Ⅳ, I revealed vividly the characteristic appearances of the Provincial Governor’s function in the misdemeanor area (杖以上 流以下) and analyzed its characteristic features. How provincial governor of Joseon did his judicial function was an interesting subject that has no prior research. I guess that the progress of the misdemeanor area (杖以上 流以 下) would not go so speedy. Investigation without judicial torture (平問) alone was judged to be difficult to determine the truth of the matter, so introduced measure was judicial torture (刑推). The specific features of the judicial torture were also subject that has no previous research at all, so in Part Ⅴ, I presented various aspects of the judicial torture, especially its non-uniform effects. In Part Ⅵ, I presented a typical example of judicial torture performed by Magistrate according to the direction of Provincial Governor.