입법가로서 정도전에 관한 憲法史的 考察

Abstract

Chosen's Founders thought that an autocrat should be restrained his absolute power because they tried to establish the Chosen under the "BALANCEABLE AUTHORITY" between the retainers and the lord. Thus the king should be observed and the substantial power need to be dispersed. On the basis of this belief, the Founders made various regimes and codified the laws as a means to an end for checking the king's absolute power. The Founders set out each system in Chosen for the permanence of political community. especially, the era of the end of the Korea Dynasty to the beginning of the Chosen Dynasty, Jung Do-jun and his companies who studied Sung Confucianism were absorbed to create specific political system in the concrete. Such conception was embodied by enacting The Code of Kyeng Kuk Tae Jeon which was taken 30years. Jung Do-jun led such systematization process to actualize the idealism of new dynasty after Chosen was established. He declared the legitimacy of Chosen Dynasty via framing a Message of Enthronement. In Korea Dynasty, each office ruled by its own precedents and rules, a coherent code was unsettled. Unlike Korea Dynasty, Chosen's Founders tried settling a centralized national operating system through establishing the law regime. Jung Do-jun completed the Code of Chosen Kyeng Kuk Jeon which is the first code of constitutional law in Chosen Dynasty. The Chosen Kyeng Kuk Jeon influenced not only for the Kyung Je Yuk Jeon(the Code about Economy)but also the Code of Kyeng Kuk Tae Jeon. Compiling the code was the way of strengthening the nation's public rights and the compelling power would be guarantied by the specific code. Chosen Dynasty put forth its ideology, Confucianism due to the compilation of codes and ruled by scholars.