대역죄인 告身의 殘存事由에 대한 일고찰 - 김종직․정인홍 고신의 사례를 중심으로 -

Abstract

This paper reviewed the Gosin of Kim Jong-jik and Jeong In-hong while considering how the Gosin could have remained and been preserved while the records and documents of most of the people who were punished as great transgressors owing to political incidents such as Sahwa and/or banjeong during the Joseon period did not survive. In order to solve this question, the paper looked into Gosin through the following three of Jeokmol, Gosin Chutal, and Yeonjwa. In Jeokmol, the paper reviewed legal clauses and targets subject to Jeokmol and whether Gosin may be included in those targets; thus it was discovered that Gosin was not subject to Jeokmol through the examples of Chogye Jeongssi along with “Joseon Wangjo Silrok”, “Seungjeongwon Ilgi”, and “Chunghunbu Deungnok”. In Gosin Chutal, its recordings are relatively detailed, and this enabled the discovery that punishments of transgressors through the restoration incident of King Danjong, Muosahwa, and Gapjasahwa could be classified into the following five types: first, Bugwanchamsi, Neungicheosa, and Gyohyeong, which claims the life and performs jeokmol together; second, the case of sentencing Jeokmol and Gosin Chutal along with banishment; third, the case of sentencing Jeokmol and Gosin Chutal; fourth, transgressors who received banishment and Gosin Chutal; and fifth, the case of sentencing banishment and Jeokmol. Also it was found that Gosin remained without change unless there was an order of Gosin Chutal. In Yeonjwa, since Muosahwa by Kim Jong-jik reflected the political intention of King Yeonsan-gun, Yeonjwajoi (punishment for guilt by association) was lighter than that of Daemyeongryul, the restoration of King Danjong, and Gabjasahwa. In the case of Jeong In-hong, it was confirmed through the article of exile of Jeong Neung, his grandchild that his Yeonjwajoi was lighter than that of Kim Jong-jik along with the political instability by Injo Banjeong (the restoration of King Injo). The reason why the Gosin of Kim Jong-jik and Jeong In-hong could remain was that they was not subject to Jeokmol and, even in the process of forfeit, it was not mixed and there was no order of Chutal and their names could survive for posterity because of a lighter Yeonjwajoi; thus the Gosin could be preserved to the present.