불효 행위 처벌에 대한 김종직의 政見과 그 의미

Abstract

In this article, Kim Jong Jik's own opinion of filial piety, and his political opinion regarding how to punish people who failed to observe filial piety, are examined in order to see how the officials inside the government were changing in nature during the ending days of the 15th century, when law codes and ritual protocols of the Joseon dynasty were mostly done being established, and when the Sarim figures' entrance into the government was just beginning. After the Joseon dynasty was founded, the governmental officials of the 15th century concentrated their efforts upon establishing a solid institutional ground for a Confucian social order. And at the center of such efforts, there was a strong emphasis placed upon the concept of filial piety, which was the centerpiece of Confucian values. And in legal and penal terms as well, the sentence for filiation impiousness was established rather harshly and strongly. Kim Jong Jik as well believed that filiation impiousness should be punished strongly. And behind that belief, there was the sentiment that figured filial piety should come first before anything else. He argued that when law codes concerning familial relationships between parents and children were to be enacted, all other realistic concerns should make room for the cause of filial piety to be realized, above all else. He even argued that in conducting practices of penal administration, the embodiment of national security and public power, the cause of preserving and enforcing filial piety should be considered more important than the cause of upholding and protecting the country and the dynasty. This kind of approach would come from not a governmental official accustomed to all the bureaucracy, but rather a Confucian scholar engaged in character-building efforts. Also, Kim Jong Jik had a belief that a person able to regulate his own behaviour with the Confucian principles(道) would never fail to observe filial piety, showing his trust in Confucian scholars determined to build their own character. As Minister of Penal administration, Kim Jong Jik, while respecting the existing central-oriented penal practices, argued that penal administration should not only be about punishing the guilty but also about educating and enlightening the people. And in the meantime, he also believed that enlightenment and penal administration in the local regions in charge of the Confucian scholars, as an ideal model. From Kim Jong Jik, we can see a Confucian scholar who was trying to build a character for oneself, and then enlighten the public with such efforts as well. It was indeed a character different from the previous governmental officials who tried to devise institutions that properly reflected Confucian values and use them in ruling the country.