開化期 西洋法思想의 受容에 관한 小考

Abstract

In Early Morden Korea, the traditional law system shift to the western law system. In that period, civil law, criminal law and other special laws were not enacted, but the science of civil law and the science of criminal law were introduced earlier. This study examines whether the philosophy of law was also introduced alongside those. In the enlightenment period, textbooks on philosophy of law were not written, and the sciences deserving being called philosophy of law were not established. But arguments over philosophy of law emerged, such as the distinguishment between law and morality, confrontation between natural law and positive law, and the difference between philosophy of law and science of statute law. This is because those Korean intellectuals, who studied the Western law systems and philosophy of law while studying in Japan, accepted the Western law theories. For example, Yu kil-chun writed Seoyugyeonmun(Travelogue to the West)『西遊見聞』 and Beophakiron (Theories of Law Science)『法學通論』 was published by professors of jurisprudence in that time. In addition, judicial decisions were made where the theories of Western civil law were applied mainly to civil case trials. This is because, amidst the civil law code not yet enacted, legal disputes, such as traffic accidents and libels, arose, requiring the application of Western law theories different from traditional laws. Therefore, the period of enlightenment began to apply the Western philosophy of law or Western law theory science in Korea's history of philosophy of law. The current philosophy of law in Korea began in the period of enlightenment.