조선시대 決訟立案의 유형별 특징과 발급양상

Abstract

This thesis categorizes lawsuit document from the legal action related documents and focuses on the write-up and the management of the documents. The characteristics of the traditional written plan were revised to study the concept of the lawsuit documents. The lawsuit documents are categorized into different forms including the original 粘連 version lawsuit document, 謄出 連書 version document and the summarized version document. The original 粘連形 lawsuit documentis a type of document that was made during the litigation process and is compiled with collections of the 'drafts in which the judgements are stated for the plaintiff's 所志 and defendant's 招辭, 訟官' in particular. The 謄出 連書 version document was written based on the original document. Therefore, the overall process such as the proceedings and proof papers are generally well written compared to other forms of documents. The summarized version document presents a summarized document that includes the cause of lawsuit, the actions of the original lawsuit and the judgement of the case officer. In other words, 謄出 連書形 and summarized version document were adopted or summarized from the original document. The purpose of the original 粘連形 lawsuit documentwas to preserve the documents inside the document box. On the other hand, the 謄出 連書形 document was for distribution. Therefore, 61out of 72 forms of actual lawsuit documents are left as, 謄出 連書形. Thereby, the purpose of the distribution was questioned by analyzing the usage examples of documenting paper, which is seen in old documents, chronological feed and literature. The documenting paper was an important resource used widely. Therefore, the officials distributed the lawsuit documents through the form of, 謄出 連書形 to monetize the documents including the cost of the documenting paper.