조선시대 保放의 典據와 그 實態

Abstract

Bobang(保放) “the bail and reimprison system” is for the sick suspect and the prisoner who is sentenced to hard labor or to exile, on behalf of curative effect and of attending his parent’s funeral in Chosen period. And it is restricted within the time of curating and of attending the filial ceremony, and after that the prisoner must go back to his prison or exile place. The original authority of the system is Tang China’s law(唐律) and it’s succession Ming China’s law(明律) and the law of Chosen dynasty Sokdaejeon(續大典). But having no connection with it’s original purpose, the system was considered the privilege of high officials, royal families and influential families. And the system was often misused to the amnesty for the natural disaster such as severe dry weather and the long rainy weather and so on. Moreover the system became to the evil means for earning money by the corrupt judicial officials and to the way for release. Therefore many righteous officers very often criticized about the wrong events mistaken by the corrupt officials. But in spite of these undesirable events, the system is estimated to the good and merciful institution for the prisoner’s right and for the people’s benefit.