조선후기 수령의 법적 지위와 형벌권 행사의 실상: 『목민심서』를 중심으로

Abstract

Examined in this article is Dasan’s Mokmin Shimseo, as well as other “Mokminseo”-type texts published in the Joseon dynasty’s latter half, in order to understand the local prefects’ role and status as a judicial authority, and how they exacted their such authorities to issue administrative punishments. In particular, their jurisdiction over legal trials and ruling penalties, their conventional role in judicial administration, and the ideal model of a local prefect in terms of incarcerations[斷獄] and punishments[行刑] suggested by Dasan, are the focus of this article. Meanwhile, another goal of this effort is to also determine the gaps between ideals and reality, and between regulations and conventions. Prefects(“Su’ryeong”) in local Gun and Hyeon units of Joseon were judicial bodies on their own, serving at the same time as both a Lawsuit Authority(Sasong Amun, 詞訟衙門) and a Penitentiary Office(Jiksu Amun, 直囚衙門). Although the maximum extent of a punishment they could decide on their own(Jikdan-gweon, 直斷權) was limited to mere 50 rounds of flogging(笞刑), they had to actually oversee all the cases and lawsuits taking place in their respective areas, and were allowed to execute physical punishments and penalties on a regular basis to ensure administrative stability in the region. Their role was quite large, and their status in the legal system was never low. In Mokmin Shimseo, Dasan meticulously documented the performances of local prefects he had observed over the years. He not only picked out certain conventions and problems from the prefects-overseen local trials, but also tried to present a model of a local prefect he considered to be ideal. Dasan believed that local prefects bore the obligation to be well versed in legal knowledge, and that they should strictly adhere to the law and refrain from abusing their power. Yet at the same time, he also believed that local prefects should enjoy a flexible range of authority which would allow them to apply appropriate amount of punishments to various cases, and should not hesitate to do so even in areas that may be slightly outside the boundary of their authorities. In other words, he did not want the local prefects to passively follow the law, but think independently.