조선후기 적몰(籍沒)제도의 운용과 실태

Abstract

This study has examined the state punishment for treason in the form of supplementary penalty of the confiscation of property in the late Joseon Dynasty period. The legislation of the confiscation of property during the Joseon Dynasty followed the Daemyeongnyul, which is an expanded form based on the Dangryul. Dangryul has classified the traitors into traitors, those who lightly engaged in treacherous behaviors, and conspirators with restrictions on accomplices and their confiscated property. The Daemyeongnyul, on the other hand, has expanded the scope of the property confiscation to Moban(謀叛), Budo(不道), and Gandang(奸黨) criminals. Joseon Dynasty adjusted the rules and regulations on the confiscation of property that had been disruptively implemented in the early Joseon Dynasty period while expanding the scope of the property confiscation to Moban traitors, Naneon, and Beomwol. Joseon Dynasty made clear her zero-tolerance policy against treason. Therefore, the dynasty has expanded and applied treason to the contempt of King of mutiny, damaging wooden tablet representing King, arson of royal tombs, and even Catholic beliefs and confiscated the properties of these criminals. As such, what those in power feared the most was treason and rebellion and the consciousness of crisis the act of overthrowing the dynasty led to reinforcing punishment, resulting in strengthening the confiscation of property. At the same time, since the king was a key decision maker in the confiscation of property from criminals, he often went above and beyond the law in applying the property confiscation.