漢-魏晉南北朝시기 속죄 제도의 분화와 그 특징- 梁律과 北周律의 贖金과 贖絹을 중심으로 -

Abstract

This study traces the transformation of redemption systems from the Han dynasty through the Wei, Jin, and Northern and Southern Dynasties, and analyzes the institutional differences between redemption within the penal system, which involved the use of metal (gold), and shoushu (收贖), which utilized silk as a form of compensation. While previous research has tended to view gold (shujin, 贖金) and silk (shujian, 贖絹) as interchangeable resources within a single redemption system, this paper demonstrates that the two forms of redemption originated from distinct historical contexts and legal frameworks, and should therefore be regarded as fundamentally different in character. In the Han dynasty, redemption functioned both as a formal punishment and as a form of substitutional exchange. By the time of the Northern and Southern Dynasties, redemption within the penal system and shoushu either coexisted as institutionally distinct mechanisms or were unified into a single redemption structure. Notably, in the Liang code (梁律), a dual structure emerged in which redemption operated within the penal system, while shoushu functioned outside of it. In contrast, the Northern Zhou code (北周律) outwardly prescribed redemption with gold, yet in practice implemented redemption through silk, revealing a discrepancy between official rhetoric and actual administrative practice. Through this analysis, the study clarifies the practical implications of using both gold and silk in redemption systems and uncovers the underlying legal-historical logic behind their respective applications.