율곡 이이의 법치행정사상 탐구

Abstract

This paper tries to search for Yulgog’s legal thoughts on administration on the basis of today’s ‘rule of law.’ In his writings, it was found that he strongly emphasized the thoughts of ‘rule of law’ in administration throughout the suggestions of administrative reforms. He underscored rule of law (more specifically the principle that administration should be based on laws established) as early as Chosun Dynasty, saying “Generally governing is done through law, and the law is executed by bureaucrats.”He thought that the laws should have the ultimate goals of making people live comfortably, in wealth, and that in enforcing the positive laws the criteria of contingency and righteousness, justice and interests, emergency and importance should be considered. He said there are two forms of legal norms, one of which is constant or permanent norms such as the rule of right (righteous government), benevolent administration, etc. And the other is changeable ones such as laws and institutions. He suggested the substantive ‘rule of law’ instead of the formal legalism, emphasizing the permanent norms and the reform of the changeable positive laws on the basis of the former norms. He also pointed out the principle of change that laws become contaminated by evil practices as time goes by. According to these trends or principles, he suggested the theory of timely national tasks of three phases, That is the phases of commencement, maintenance, and reform, and asserted that big reforms of laws and institutions contaminated with evil practices should be made at the phase of reform in accordance with the times and conditions.