제주도 誤決呈訴의 양태 -「1629년 제주목 결송입안」을 중심으로-

Abstract

It is natural that judge’s decision arouses a controversy about the possibility of misjudgment. Therefore, Dreiinstanzensystem(三度得伸法) and the punishment to the officers for the reason of making unfair decision(誤決員吏決罪法) were adopted. On top of that, a system of appeal to the misjudgment(誤決呈訴) was laid down in the law. According to 「Jejumok Gyeol-Song-Ip-Ahn in 1629」, there were multiple appeals to the judgment decided by Jeju government officer. Mr. Kang Gye-nam(姜繼男) and widow Mrs. Boo(夫氏) who have lost the case in the first trial in 1625 brought several appeals to the decision by Jeju government officer, Ahn-eu Sung(成安義), by arguing that his ruling was erroneous. However, they repeatedly lost the case. Later, newly appointed Jeju government officer named Myung-bu Park(朴明榑), who was a successor of Ahn-eu Sung ruled in favor of them. In this law suit, Mr. Kang Gye-nam and widow Mrs. Boo argued that the decision of Jeju government officer was erroneous on the basis of the principle of equality of parties, right of audience as well as right of proof. Such exercise of the right in the lawsuit in Jeju shows that the parties had in-depth knowledge on legal process and were able to actively used the knowledge for the protection of their rights.