고려 말기 형정의 상황과 개편 방향

Abstract

This paper examines the confusions that occurred in the penal administration operating system in the late Goryeo period in relation to social change. In addition, it considers the contents and results of the reform of the penal administration system that was pursued to resolve these confusions. In the first place, chaos was in full swing in the penal administration operating system during the period of The Military Regime, when the top-level device that coordinated and controlled the whole was paralyzed. With repeated abnormal regime changes, principles were shaken, and both fairness and consistency were destroyed. This trend spread further during the Yuan Intervention Period. After King Gongmin ascended to the throne, he pursued reorganization, but as socio-economic contradictions intensified and internal divisions grew, chaos ensued. As a result, his reform work failed. It encouraged the application of private laws, which only aggravated the harm. King Wu, who ascended abruptly to the throne after King Gongmin, hastily undertook reorganization. However, as the unstable state of affairs intensified in the second half of his reign, his reform efforts failed. After the change of government following the army march back from Wihwa Island(威化島回軍), reorganization work resumed. Under the leadership of radical reformers, a different level of reform was promoted. The goal was to establish a consistent operating system. First, China's latest criminal code, the Great Ming Code(『大明律』), was adopted as the basic criminal code. Subsequently, repairing work on the equipment was also promoted. This opportunity set the task of reorganizing the role and jurisdiction of the penal administration on the right track. The reorganization work in the late Goryeo period continued to accommodate new elements along with the changes of the previous system. As a result, although there were similarities in appearance, there were in fact different aspects in the nature of the operating system. This was because it was not limited to the reform of the system, but was carried out in connection with changes. In particular, the change was remarkable in that it was an evolution in the cognition of the penal administration. In conclusion, the direction of the penal administration reorganization work following the conversion of the penal administration in the late Goryeo period had a great influence on the penal administration reorganization work of the next dynasty, the Joseon Dynasty. In other words, it set the direction for the path that would be followed in the future.