조선시대 ‘贓’에 관한 연구
A Study on the Illicit Goods of Joseon Dynasty
0
조회
0
다운로드
8
인용
0
참고문헌
키워드
초록
In this article, I did a research on the ‘Illicit Goods(贓)’ of Joseon Dynasty that has both concepts of Illicit goods and bribes in modern criminal justice system. The Illicit Goods of Joseon Dynasty meant all property related to all types of illegal conduct, such as the property acquired through theft, the property used in criminal transactions, and the prohibited property. But the property acquired through theft in the Art. 287 ‘Supervisors or Custodians Themselves Stealing Money or Grain from Granaries or Treasuries’ of the Great Ming Code was categorized as bribes taken by officers in Joseon Dynasty. So a bribery case was called as Jang-o(贓汚) and a theft case was called as Jang-do(贓盜) in Joseon Dynasty. I looked into substantial provisions on the Six Illicit Goods to illuminate the concept of them. I found out that the concept of Six Illicit Goods focuses on punishment proportionate to the quantity of the Illicit Goods. Thus calculation of the Illicit Goods was so important since punishment was determined by the amount of the Illicit Goods. The calculation method of the Illicit Goods was based upon the principle of the Most Serious Crime that was stipulated in Art. 25. ‘Sentencing on the Basis of the Punishment for the More Serious Crime When Two Crimes Are Discovered Together’ of the Great Ming Code. The calculation method of the Great Ming Code was clearer and simpler than that of the Tang Code.
Abstract
In this article, I did a research on the ‘Illicit Goods(贓)’ of Joseon Dynasty that has both concepts of Illicit goods and bribes in modern criminal justice system. The Illicit Goods of Joseon Dynasty meant all property related to all types of illegal conduct, such as the property acquired through theft, the property used in criminal transactions, and the prohibited property. But the property acquired through theft in the Art. 287 ‘Supervisors or Custodians Themselves Stealing Money or Grain from Granaries or Treasuries’ of the Great Ming Code was categorized as bribes taken by officers in Joseon Dynasty. So a bribery case was called as Jang-o(贓汚) and a theft case was called as Jang-do(贓盜) in Joseon Dynasty. I looked into substantial provisions on the Six Illicit Goods to illuminate the concept of them. I found out that the concept of Six Illicit Goods focuses on punishment proportionate to the quantity of the Illicit Goods. Thus calculation of the Illicit Goods was so important since punishment was determined by the amount of the Illicit Goods. The calculation method of the Illicit Goods was based upon the principle of the Most Serious Crime that was stipulated in Art. 25. ‘Sentencing on the Basis of the Punishment for the More Serious Crime When Two Crimes Are Discovered Together’ of the Great Ming Code. The calculation method of the Great Ming Code was clearer and simpler than that of the Tang Code.
참고문헌 (37)
- "(譯註) 唐律疏議, In 名例編·各則(上)·各則(下)" (1994), 한국법제연구원
- "大明律講解, In 규장각자료총서 법전편" (1999), 서울대학교 규장각
- "大明律附例(上)(下), In 규장각자료총서 법전편" (1999), 서울대학교 규장각
- "大明律集解附例, 法律館修订, In 청구기호 513022 1", 서울대 중앙도서관 소장, ~ (1908)
- "大典通編" (1963), 법제처
- "大典會通(上)(下), 규장각자료총서 법전편" (1999), 서울대학교 규장각
- "大典會通 硏究 -刑典·工典編-" (1996), 한국법제연구원
- "한국역사연구회 중세2분과 법전연구판, In 新補受敎輯錄" (2000), 청년사
- "刑法大全" (1906), 大韓國法部出版
- 韓㳓劤, "譯註 經國大典 -註釋篇" (1995), 韓國精神文化硏究院
- 高瀬喜朴, "大明律例訳義" (1989), 創文社
- Jiang Yonglin, "The Great Ming Code" (2005), University of Washington Press
- William C. Jones, "The Great Qing Code" (1994), Oxford University Press
- 단국대학교 동양학연구소, "漢韓大辭典 13" (2008), 단국대학교출판부
- 諸橋轍次, "大漢和辭典 10권" (1985), 大修館書店
- 東川德治, "中國法制大辭典" (1979), 爎原
- 羅竹風, "漢語大詞典 10" (2009), 上海辭書出版社
- "朝鮮王朝實錄"[URL]
- "承政院日記"[URL]
- "대법원 양형위원회 양형기준"[URL]
- 김택민, "중국고대 형법-당제국의 형법 총칙" (2002), 아카넷
- 이재상, "형법각론(제6판)" (2009), 박영사
- 이재상, "형법총론(제7판)" (2011), 박영사
- 조지만, "조선시대의 형사법" (2007), 경인문화사
- 김대홍, "唐律에서 범죄와 형벌의 비례성－‘贓’의 개념을 중심으로－", 법사학연구, (39), pp.87~129 (2009), 한국법사학회
- 김대홍, "조선초기 형사법상 引律比附에 관한 연구", 박사, pp.2012
- 金成俊, "朝鮮初期 贓吏子孫 禁錮法의 成立", 동방학지, 44 (1984), 연세대학교 국학연구원
- 김지수, "唐律令상 재산손해에 대한 민사배상책임- 6贓을 중심으로", 인권과 정의, 346(346), pp.7~28 (2005), 대한변호사협회
- 서정민, "조선초기 관리의 오직범죄에 관한 연구 : 장오죄에 대한 논의를 중심으로", 석사, pp.2004
- 吳洙彰, "朝鮮時代 贓吏 處罰의 推移", 역사학보, 157 (1998), 역사학회
- 오영근, "장물죄에 관한 연구", 형사정책연구, 13(2), pp.5~154 (2002), 한국형사정책연구원
- 정긍식, "朝鮮前期 中國法書의 受容과 活用", 서울대학교 법학, 50(4), pp.35~80 (2009), 법학연구소
- 조지만, "≪大典會通≫ 刑典 규정의 成立沿革", 서울대학교 법학, 52(1), pp.55~99 (2011), 법학연구소
- 홍순민, "조선후기 도죄(盜罪) 장죄(贓罪)의 구성과 『대명률』", 역사와 현실, (65), pp.89~119 (2007), 한국역사연구회
- 堀毅, "秦漢盜律攷, In 東洋法史の探究" (1987), 汲古書院
- 周 東平, "唐代の坐贓について", 古代文化, 51(1) (1999), 古代学協会
- 上杉和彦, "中世の贓物について", 日本歴史, (487) (1988), 吉川弘文館