조선시대 매리(罵詈) 범죄의 처벌과 입법 양상

Abstract

The term “Mae’ri (罵詈)” refers to the act of cursing or insulting someone, which was considered a crime during the Joseon period. This concept is similar to an act of contempt, which is also considered a crime today. This article aims to assess the characteristics of certain penal codes in The Great Ming Code / Da Ming lu (大明律) that were designed to respond to “Mae’ri” and examine how they were applied to actual cases in Joseon society. We first examine the Mae’ri Chapter (罵詈篇) in the 21st volume of Dae’myeong-ryul, which comprises 8 clauses that outline the kind of actions that would constitute a Mae’ri crime and the consequences (“sentences”) for such offenses. Second, we analyze real life cases of trial, ruling, and punishment of Mae’ri crimes present in the Annals of the Joseon Dynasty (朝鮮王朝實錄) and other sources. These cases are classified into four categories: Mae’ri acts committed against governmental officials (官員), committed by Nobi servants, committed amongst family members or relatives, and acts perpetrated in other miscellaneous situations. Finally, we examine how new legislation regarding Mae’ri crimes currdeveloped in Joseon. Apparently, the Joseon government modified some of the sentences dictated for such crimes in Dae’myeong-ryul regarding to reflect Joseon’s reality. The Joseon government also enacted new laws concerning cases of Mae’ri acts perpetrated by Nobi (奴婢) servants, female slaves’ husbands (婢夫), clerks and soldiers (吏卒), and members of the low class (常賤). It was an attempt to control the low-class population and prevent them from forgetting their status [犯分] or insulting their superiors [凌辱], which would disrupt the social order of Joseon society.