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신라의 五逆과 통치이념

The Five-reverse and ruling ideology of Silla

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Silla had positively accepted Tang’s system through an active relationship between the two countries since the 640's. A series of reforms were carried out through the King Jindeok, Taejong Muyeol, Munmu, Sinmun. The purpose of the reform was in order to establishing a vertical relationship of the Confucian ideology and political system of China. And the substantial work has led to the provision of institutional mechanisms, such as Kukhak(國學), Dokseosampumgwa(讀書三品科) and the maintenance of ritual and yulryeong. This thesis is confirmed the ruling ideology and dealt with the problem of gaps in actual operation since Silla’s middle period by configuring the content and nature of the five-reverse(五逆). The Five-reverse(五逆) as the exclusion of pardon not only was based on the common five-precept(世俗五戒) as the traditional social norms of Silla but also was acculturation by Tang’s Ten-evil(十惡). It was consisted of the rebellion[謀反(叛)罪], the high treason(大逆罪), the injustice(不義罪) and the immorality(不道罪). The Disloyalty(不忠) and Unfilial behavior(不孝) in the five-reverse’s category should be punished but the Knowledge of the Confucian filial piety could not be effective practice of Confucian ethics soon. A typical example was the case of Yoedong the mother beat. Eventually the state made possible a legal basis for punishment for the 'Unfilial behavior' award for being the subject of filial piety.

Abstract

Silla had positively accepted Tang’s system through an active relationship between the two countries since the 640's. A series of reforms were carried out through the King Jindeok, Taejong Muyeol, Munmu, Sinmun. The purpose of the reform was in order to establishing a vertical relationship of the Confucian ideology and political system of China. And the substantial work has led to the provision of institutional mechanisms, such as Kukhak(國學), Dokseosampumgwa(讀書三品科) and the maintenance of ritual and yulryeong. This thesis is confirmed the ruling ideology and dealt with the problem of gaps in actual operation since Silla’s middle period by configuring the content and nature of the five-reverse(五逆). The Five-reverse(五逆) as the exclusion of pardon not only was based on the common five-precept(世俗五戒) as the traditional social norms of Silla but also was acculturation by Tang’s Ten-evil(十惡). It was consisted of the rebellion[謀反(叛)罪], the high treason(大逆罪), the injustice(不義罪) and the immorality(不道罪). The Disloyalty(不忠) and Unfilial behavior(不孝) in the five-reverse’s category should be punished but the Knowledge of the Confucian filial piety could not be effective practice of Confucian ethics soon. A typical example was the case of Yoedong the mother beat. Eventually the state made possible a legal basis for punishment for the 'Unfilial behavior' award for being the subject of filial piety.

참고문헌 (28)

  1. "三國史記", ~
  2. "三國遺事", ~
  3. "高麗史", ~
  4. "日本書紀", ~
  5. "續日本記", ~
  6. "唐律疏議", ~
  7. 井上光貞, "律令" (1976), 岩波書店
  8. "唐大詔令集", ~
  9. 李丙燾, "國譯三國史記" (1977), 乙酉文化社
  10. 李基白, "新羅思想史硏究" (1986), 一潮閣
  11. 金哲埈, "(史料로 본)韓國文化史" (1986), 一志社
  12. 任大熙, "譯註唐律疏議" (1994), 한국법제연구원
  13. 韓國精神文化硏究院, "譯註三國史記" (1997)
  14. 김택민, "중국고대 형법-당제국의 형법 총칙-" (2002), 아카넷
  15. 金池洙, "傳統中國法의 精神-情․理․法의 中庸調和" (2005), 全南大學校出版部
  16. 김영하, "新羅中代社會硏究" (2007), 일지사
  17. 金福順, "崔致遠의 佛敎關係著述에 대한 檢討", 韓國史硏究, 43 (1983)
  18. 金正珅, "道源柳承國博士華甲紀念論文集-東方思想論攷" (1983)
  19. 崔光植, "韓國史의 時代區分" (1995), 신서원
  20. 尹善泰, "新羅中代의 刑律", 강좌 한국고대사, 3 (2003)
  21. 한영화, "7∼8세기 신라의 형률과 그 운용 -君臣關係에 관한 형률 적용 사례를 중심으로-", 한국고대사연구, (44), pp.229~267 (2006), 한국고대사학회
  22. 鄭雲龍, "三國遺事 ‘孫順埋兒’條로 본 新羅人의 孝心", 新羅文化祭學術論文集, 30 (2009)
  23. 洪承佑, "韓國古代律令의 性格", 박사, pp.2011
  24. 韓鈴和, "韓國古代의 刑律硏究", 박사, pp.2012
  25. 한영화, "한국 고대사회의 형벌권의 추이-‘율령’ 반포 이전을 중심으로-", 韓國史學報, (47), pp.7~34 (2012), 고려사학회[DOI]
  26. 小林宏, "日本法制史論集" (1980), 思文閣
  27. 金子修一, "中國-郊祀と宗廟と明堂及び封禪, 東アジアにおける儀禮と國家(東アジア世界", 東アジア世界における日本古代史講座, 9 (1983)
  28. 大隅淸陽, "日唐律令比較硏究の新段階" (2008), 山川出版社

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