조선초기 階級法 運用에 관한 試論的 考察 (A preliminary study on operation of the class law in the early stage of the Joseon Dynasty)

서지정보

· 발행기관 : 역사실학회
· 수록지 정보 : 역사와 실학 / 37권 / 5 ~ 36페이지
· 저자명 : 윤훈표

초록

As the preliminary-consideration class law on operation of the
class law in the early Joseon dynasty is aimed to basically
prescribe the absolute upper and lower relations among classes
inside the army, it belonged to the martial law in the broad
range. In particular, it played a role of preventing official
discipline from being destroyed because authority as a higher
officer drops, by which a lower-grade personnel despises an
upper-grade personnel. Due to this, there was the time that
newly consolidates and operates this in order to establish a
system in the upper-and-lower discipline and command by
organizing the military power, which was scattered owing to
several reasons, again into the army of having a king as the top.
By the way, in the early Joseon dynasty, the extensive reform
was driven over the whole of a military system in order to
overcome confusion, which had occurred in the previous period.
Out of those things, the attempt was also included in order to
remove private-soldier elements, which had caused serious
confusion before, and to re-organize it into a public-soldier
system. Naturally, as one of fundamental laws for solution of
problem, the introduction of a class law came to be examined. A
person, who took the lead in introducing the class law in the early days of foundation in Joseon, was Jeong Do-jeon(鄭道傳).
He made a law that the lower-grade personnel thoroughly obeys
the higher-grade personnel unconditionally in the face of the first
place without considering a social standing, birth, and
background. And, he recorded this law in Gyeongjeyukjeon(經濟
六典), which is the first written statute in Joseon dynasty.
However, as the camp of King Taejong became powerful owing
to the reshuffle of political circles, the direction of reorganizing
the military system was greatly changed. In case of the class
law, first of all, it made it a rule to apply literally. Some days
later, he restored Ho-gun-bang(護軍房), which is the
martial-duty class system in Goryeo, which had been the prior
dynasty. In the wake of this, a person, who has good social
standing, birth, and background as well as capability, was
allowed to go up easily to the high position. There was mutually
contradictory aspect between the provision of Gyeongjeyukjeon
(經濟六典), which emphasized only class, and the system of the
restored Ho-gun-bang. Owing to this, the basic principle of the
class law, with saying that the one-digit class needs to be strict
against the one-digit class, may be damaged, thus a situation
was serious. With entering the period of King Sejong, the work
was started that abolishes Ho-gun-bang(護軍房) and modifies
and supplements the provision related to the class law of 
Gyeongje- yukjeon. The work, which re-consolidates the class
law, was driven in earnest along with compiling 
Gyeong-guk-dae-jeon(經國大典). Finally, as the compiling work
of Gyeong-guk-dae- jeon was completed, even the typical class
law in Joseon dynasty came to be positioned. As a result, the
period arrived when the upper- and-lower relations between classes are strictly prescribed on the basis of the written law.

영어초록

As the preliminary-consideration class law on operation of the
class law in the early Joseon dynasty is aimed to basically
prescribe the absolute upper and lower relations among classes
inside the army, it belonged to the martial law in the broad
range. In particular, it played a role of preventing official
discipline from being destroyed because authority as a higher
officer drops, by which a lower-grade personnel despises an
upper-grade personnel. Due to this, there was the time that
newly consolidates and operates this in order to establish a
system in the upper-and-lower discipline and command by
organizing the military power, which was scattered owing to
several reasons, again into the army of having a king as the top.
By the way, in the early Joseon dynasty, the extensive reform
was driven over the whole of a military system in order to
overcome confusion, which had occurred in the previous period.
Out of those things, the attempt was also included in order to
remove private-soldier elements, which had caused serious
confusion before, and to re-organize it into a public-soldier
system. Naturally, as one of fundamental laws for solution of
problem, the introduction of a class law came to be examined. A
person, who took the lead in introducing the class law in the early days of foundation in Joseon, was Jeong Do-jeon(鄭道傳).
He made a law that the lower-grade personnel thoroughly obeys
the higher-grade personnel unconditionally in the face of the first
place without considering a social standing, birth, and
background. And, he recorded this law in Gyeongjeyukjeon(經濟
六典), which is the first written statute in Joseon dynasty.
However, as the camp of King Taejong became powerful owing
to the reshuffle of political circles, the direction of reorganizing
the military system was greatly changed. In case of the class
law, first of all, it made it a rule to apply literally. Some days
later, he restored Ho-gun-bang(護軍房), which is the
martial-duty class system in Goryeo, which had been the prior
dynasty. In the wake of this, a person, who has good social
standing, birth, and background as well as capability, was
allowed to go up easily to the high position. There was mutually
contradictory aspect between the provision of Gyeongjeyukjeon
(經濟六典), which emphasized only class, and the system of the
restored Ho-gun-bang. Owing to this, the basic principle of the
class law, with saying that the one-digit class needs to be strict
against the one-digit class, may be damaged, thus a situation
was serious. With entering the period of King Sejong, the work
was started that abolishes Ho-gun-bang(護軍房) and modifies
and supplements the provision related to the class law of 
Gyeongje- yukjeon. The work, which re-consolidates the class
law, was driven in earnest along with compiling 
Gyeong-guk-dae-jeon(經國大典). Finally, as the compiling work
of Gyeong-guk-dae- jeon was completed, even the typical class
law in Joseon dynasty came to be positioned. As a result, the
period arrived when the upper- and-lower relations between classes are strictly prescribed on the basis of the written law.

참고자료

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