고대사회의 혼인과 간음에 대한 처벌

Abstract

Folk practices are created based on the long experience for survival of humankind and become customs by which social norms operate in the community. Folk practices and customs are naturally produced by members of a community, but they also function to control the community members. This article examines marriage as a heterosexual union and adultery that destroys marital relationships in ancient Korean society. Among the various reasons that destroy marital relationships, adultery reveals particularly well the aspect of control because it is accompanied by punishment. Marriage as a union of men and women becomes the norm through its ceremonial practices in terms of procedure, form, and composition by presenting behavioral patterns not only to the parties of marriage but also to the community they belong. Violations of the norm and destruction of relationships created through such norms are deemed criminal accompanied by punishment. As shown in the examples of the 'Beomgeum 8 clauses' of GoJoseon, 'application of punishment(用刑)' in Buyeo, and legal punishment in Baekje, punishment was made compulsory by officials as political power grew under these regimes. Wifely virtue became increasingly important as maintaining marital relationships through the wives’ fidelity as punishment for adultery was associated with the introduction of Confucian ideology.