조선시대 國典의 贓律에 관한 연구

Abstract

This paper is a study on ‘jangryul’, which was defined as a criminal law matter in the Joseon Dynasty’s National Code. To understand the framework and significance of ‘jangryul’ stipulated in the National Code, I conducted an analysis of the articles related to ‘jangryul’ in the King’s Decrees as well as the Veritable Records of the Joseon Dynasty, 《Seungjeongwonilgi》, 《Bibeonsadeungrok》, and 《Ilseongrok》, and criminal law books such as 《Chugwanji》 and 《Samjeonyucho》. The rather ambiguous term ‘jangryul’ was used in the legal text of the National Code because the penalties for embezzlement and breach of trust concerning the national treasury or local tax collection by officials was ultimately determined based on the amount of illicit goods involved. In addition, by not specifying a specific provision of the Great Ming Code but stipulating it as ‘jangryul’, it was easy to select an appropriate sentence according to the severity of the case. However, due to the uncertainty of ‘jangryul’, confusion was inevitable in the actual law enforcement process, apart from the understanding of ‘jangryul’ at the time of the National Code legislation.