고려시대 地方刑政과 牧

Abstract

This study aims at reviewing criminal justice system including the trial process and enforcement of the sentences in Koryo era by focusing on the judicial function of Province. Province supervised criminal procedures by controlling outlaws and ensuring speedy and fair trials to them. Provincial Governor and other officials in the Province were in charge of administration of criminal system including investigation, arrest, arraignment, trial, sentencing and imposition of penalties. The local criminal justice system in Koryo was layered with three levels; 1) the central government 2) Kyesoogwan(Province and Regional Military Command) and 3) Kunhyon(Districts and Counties). The central government instructed Provincial officials to inspect and oversee the judicial administration of Districts and Counties in order to prevent the abuse of power. Provincial governor, the chief justice of the local judicial system, presided trials and administered justice along with other officials in the Province such as Pangwan and Sarokjangsogi. When they wanted to sentence a severe punishment such as death penalty, several officials in the justice system exchanged their opinions and sometimes compromised their opinions before they reached a ruling. Furthermore, in felony cases, they secured evidences and confession from defendants through three times of arraignments. Province also had to submit the report over to the central government three times. This mechanism was designed to prevent people from being sentenced to unfairly severe punishment. Provincial Governor played a key role in local judicial administration in Koryo dynasty. Province supervised local justice system and the trials of Districts and Counties. Provincial Governor and officials performed criminal and judicial duties as key judicial officials. The central government made devices to prevent arbitrary decision making and protect people from the abuse of power by the judicial officials.