조선초기 감옥 제도의 정비와 그 운영

Abstract

This paper examines the types, systems, functions, and roles of prisons in the early Joseon Dynasty. In particular, it analyzes the function and role of prison, focusing on the reasons why peoples were imprisoned in the prison during the Joseon Dynasty. In its early days, the Joseon Dynasty installed the Hyongjo(刑曹) Jeonok(典獄) and the Uigeumbu(義禁府) prison in Seoul, as well as the Gun-hyeon(郡·縣) prisons in local areas. However, in the beginning of the dynasty, prisons were not established in all local administrative districts. It seems to have been installed nationwide only after the 14th year of King Sejong when he ordered to install prisons in all counties and cities across the country. The prison had several cells. The Uigeumbu prison had 32 cells, and the Hyongjo Jeonok had 9 cells. The size and the number of prison cells in the local administrative districts seem to have been decided in proportion to the status and the population of the county or city. The prison had been set up in the southeast corner of administration building. The prison segregated the felony and the light prisoners as well as men and women prisoners. However, until the time of King Sejong, men and women could not be imprisoned separately in some provinces and districts, However, according to the Neo-Confucian rationale, this seems to have improved rapidly. The ratio of male to female prison cells was 2：1, which seems to have been decided in accordance with the male to female ratio of criminals at the time. The prisons were very filthy, wet, narrow and crowded. As a result, many prisoners fell ill and died. They were vulnerable to infectious diseases as well as to cold and heat. Accordingly, King Sejong tried to improve the facilities and environment of the prisons, expanding the cell size and equipping the heating and cooling systems. However, the officials did not feel much importance to the prison. The ordinary people were also negative about the expansion of the prison. Therefore, the improvements in prison facilities and environments were fairly limited. The measures to improve the sanitation of the prisoners and to protect them from the heat and cold were taken just individually and temporarily. In the early Joseon Dynasty, prisons were used to hold unconvicted prisoners on trial. If their crime was not proven, they were to be imprisoned until they were vindicated. Even after being convicted, some prisoners had to stay in the cell in order to clarify the crime facts more；even if the crime was clarified, the prisoner was imprisoned until the administrative processing was completed. The imprisonment period was not settled and, in severe cases, prisoners were imprisoned for several years. Those who were involved in or participated in the crime were also imprisoned. Those involved were imprisoned to obtain evidence or testimony. If a criminal had fled, his/her relatives such as parents, brothers, children, father-in-law or mother-in-law were imprisoned in order to find out the offender’s location, to force him/her to surrender, or to punish them instead of the criminal. Prisons were also the place where the death row inmates were held in custody until execution. If an official committed a wrongdoing which was not serious enough to cause a penalty of five sentences, he/she was temporarily imprisoned for discipline. The imprisonment period was from 3~5 days to 20 days, depending on the degree of wrongdoing and the status or status of the person who committed the wrongdoing. In cases where a lesser offense was committed, the offender’s Nobi(奴婢) used to be imprisoned instead. The imprisoned slaves were sometimes flogged out. Imprisonment of offender’s Nobi was an aspect of law enforcement that reflected the principle of the class system.