영조대 정치범 처벌을 통해 본 법과 정치 : 을해옥사를 중심으로

Abstract

Examined in this article is a famous criminal case which broke out in 1755 (the Eulhae year) [乙亥獄事]. It involved one of the most well-known conspiracies of treason that were staged against King Yeongjo, and also prompted the publication of a book named Cheonuisogam (闡義昭鑑). So in this article, how the conspiracy was revealed and subsequently dealt with, and how all the involved people were punished, will all be examined, specially in relation to issues such as the law, politics, and power. In order to have a more detailed understanding of the political history of Joseon, examination of such cases should not be limited to merely surveying the actual process of the case (including how the perpetrators came to conspire in the first place). Instead it should include an overall examination of the ‘meaning’ the punishments had upon the involved personnel, and also the characteristics displayed by legal practices that entailed the processing of the criminal case in question. The Eulhae year Criminal Case was a political incident that came with heavy implications, as it turned out to be a most crushing blow to the anti-Noron(老論) political factions. While dealing with the aftermath of the conspiracy, the final resolution actually turned out to be a political retribution launched against the Soron (少論) faction. The Eulhae year Criminal Case, which was in essence a merciless display of a political retribution and also an illegal abuse of the established parameters of punishment, clearly shows what the so-called “Tangpyeong” politics of King Yeongjo’s era simply lacked, or was not capable of. But at the same time, the political environment of the time, and the Joseon’s time-honored tradition of treating treasonous conspiracies with capital punishments, should be considered as well, in evaluating the ups and downs of the political practices of King Yeongjo’s reign.