3~5세기 신라의 행정 양상과 법

Abstract

In the early Silla period from the Saro state till the isageum era, vassals would administer state affairs under direct orders of the rulers of small states and report the results to them. The vassals had no definite missions or roles, with the ruler entrusting at his own discretion the task to any vassal as the occasion demanded. Therefore, it depended upon his personal ties with the ruler whether a certain vassal attended to state affairs, and competent ones tended to be in charge of all kinds of administrative affairs irrespective of their expertise. However, the arbitrary instructions and administration by the ruler and vassal groups were subject to the regulations under the laws of the small states. As the jurisdiction of laws was confined to the state involved, the ruler of Saro had limitations in controlling and administering policies to the small states in the Jinhan confederacy, even after Saro became the leading state of the confederacy. During the rule of maripgan (great chief), the decisions made at collective discussion (共論) session were announced in the form of royal instructions, which in turn were implemented as ordinances. This is confirmed by the inscriptions on Jungseong-ri and Naengsu-ri Steles in Pohang. Those in power made decisions on crucial state affairs at the Conference of Elders (諸干會議), and the decisions were carried out in the order of instruction– ordinance –execution of the ordinance – reports of the results. Bureaucrats in charge of certain tasks emerged, and the public office administering financial and logistics affairs was established during this period. Administrative ordinances (敎令法) were the legal basis of the state administration during the reign of maripgan. The binding power of the ordinances originated in the instructions issued by the ruler and those in power, which in turn took effects as administrative ordinances. As administrative system gradually settled at the central and local provinces, the administrative ordinances started to be enforced at the six central polities and local villages, affecting the residents in the provincial areas.