몽골황제권의 작용과 고려국왕의 사법적 위상 변화

Abstract

Goryeo Kings were the subjects that exercised their judicial power over things that took place within the borders and over people of the kingdom. During subjugation period to the Mongol empire, basically, it was the Goryeo kings(or the judicial body headed by the kings) that presided over judicial proceedings in the kingdom. However, they were restricted in the level as they were asked to report to the Mongol court first on the punishment of officials and consult the Mongol court before condemning guilty ones to death. In the power structure of subjugation period to Mongol empire, the center of power within Goryeo became dualized. Under such a situation, when there was a lawsuit as part of political dispute, the Goryeo kings would be eliminated from the judicial process because they were directly connected to the accused and thus believed to lack or have no will or capability as an arbitrator to handle the lawsuit. Such lawsuits were usually handled at the Mongolian royal court by the request of Goryeo’s subjects. In addition all this, Goryeo kings were subjected to an evaluation to see whether they would take proper political measures or whether their acts or qualities would fit their performance as a king based on “law” or the emperor’s command(聖旨) and judgment. That is, the judicial authority or status of Goryeo kings during the period was an issue of changing status itself beyond the reduced or weakened power of kings by the interference and suppression from the outside. Those processes were preceded by the moves of Goryeo’s subjects, which suggests that it will be difficult to explain the issue only based on the conflicting structure of simple oppression and interference vs. resistance. In other words, it resulted from and also revealed that Goryeo kings’ power and authority becoming “relativized” in their relationships with the imperial power or the subjects, when the imperial power served as practical paramountcy.