‘소설(小說)’의 사실, 법률과 재판 『와사옥안』과 이해조의 『구마검』, 『구의산』을 중심으로

Abstract

The purpose of this article is based on the assumption that the similarities or differ-ences between legal concepts and institutions in the West and East Asia coexist, and in particular, various cultural expressions related to the “Law of the Enlightenment World” And that there is. In the Western and East Asian criminal systems, there was a trust in the unfairness of restoring and judging the facts literally through the passage of the law. The style of the fact restoration, which is led by the coroner in Wa-Sa-Ok-An serves as a preliminary form of realism. The actual operation of the “Law of the Enlightenment World” of Yi Hae-Jo’s Sin-so-seol, by the introduction of the Western legal system, however, has also unexpectedly returned to the legacy of the system of criminal law, which operated extensively in the late Joseon Dynasty. It is understood that the status of the narrator who had been in agreement with the past public power was carried on in the Sin-so-seol as a center of authority to see, hear, experience, interpret and comment on all phenomena. In addition, readers who were able to immerse themselves in the position of the narrator who reminded prosecutor, or to coincide themselves with each other would be relieved that they were away from the harsh environment that had been mediated through the media in the Japanese annexation of Korea or that they were staying in a safe position. It was only possible through the immersion of the fictional form of the Sin-so-seol.