高麗의 律令制와 唐의 禮法 - ‘禮主刑(法)補’의 繼受에 대한 一試論 - (The Law System in Goryeo and Propriety in Tang Tentative Assertion that succeeded to "Rejuhyungbo(禮主刑補)")

서지정보

· 발행기관 : 부산경남사학회
· 수록지 정보 : 역사와경계 / 70호 / 129 ~ 158페이지
· 저자명 : 전영섭

초록

This assertion considered "Rejuhyungbo", which meant a law of propriety first and penalty supportive, regarding the relationship between constitution system and propriety system as a study for legal exchange history in East Asia. Thus, the actual circumstances and characteristics of the system based on proprieties were drawn by analyzing "Rejuhyungbo" in Tang and Goryeo.
The characteristics of Chinese law about proprieties and penalty were as the same relations as two wagon wheels and complementary each other. "Jure" represented itself the best about the relationships of the two and it was the basic administrative characteristic of systematic government organization under authoritarian bureaucracy centered on an emperor but it coexisted proprieties, politics, and penalty. To be extended with it, "Jure" was the system of combination of propriety and penalty and the foundation of "Rejuhyungbo". The basic formation of "Rejuhyungbo" as a characteristic of the law of Tang period was the result of the historical development.
"Jongbub" and status system based on courtesy of "Youga" were consisted of family system centered on the right of father and husband and national system centered on the right of king. The legislation of Tang period reflected on enough the propriety system. Thus, proprieties were consisted of the basic system of country and family and included both. Among the proprities, the representative one as a national system was "Sipak",which meant ten wrongdoing and status system. This law in the time period of Tang penetrated the system of "Rejuhyungbo" showed a head of "Jure".
The Goryeo dynasty that succeeded to law of Tang also accepted proprieties that was the principle of social integrating comparing with Japan. Among Goryeo laws, the direct law for proprieties was the laws related to religious ceremony, costume, finance and funeral. The other laws for bureaucracy and control of the mass of people among Goryeo laws could be found the same proprieties that showed in Tang laws. Thus, The Goryeo laws had a propriety system as a basis of traditional Chinese proprieties so that we can realize that the Goryeo laws was built on the system of "Rejuhyungbo".
"Sipok" was established in order to maintain a country and family system in the period of Goryeo. Thus, the propriety system was the basic system of nation and society in Goryeo. The status of "Yangin" and "Chunin" was determined according to a participation of propriety system and it showed that the propriety in the Goryeo dynasty controlled the daily lives of the mass of the people as a form of family system.

영어초록

This assertion considered "Rejuhyungbo", which meant a law of propriety first and penalty supportive, regarding the relationship between constitution system and propriety system as a study for legal exchange history in East Asia. Thus, the actual circumstances and characteristics of the system based on proprieties were drawn by analyzing "Rejuhyungbo" in Tang and Goryeo.
The characteristics of Chinese law about proprieties and penalty were as the same relations as two wagon wheels and complementary each other. "Jure" represented itself the best about the relationships of the two and it was the basic administrative characteristic of systematic government organization under authoritarian bureaucracy centered on an emperor but it coexisted proprieties, politics, and penalty. To be extended with it, "Jure" was the system of combination of propriety and penalty and the foundation of "Rejuhyungbo". The basic formation of "Rejuhyungbo" as a characteristic of the law of Tang period was the result of the historical development.
"Jongbub" and status system based on courtesy of "Youga" were consisted of family system centered on the right of father and husband and national system centered on the right of king. The legislation of Tang period reflected on enough the propriety system. Thus, proprieties were consisted of the basic system of country and family and included both. Among the proprities, the representative one as a national system was "Sipak",which meant ten wrongdoing and status system. This law in the time period of Tang penetrated the system of "Rejuhyungbo" showed a head of "Jure".
The Goryeo dynasty that succeeded to law of Tang also accepted proprieties that was the principle of social integrating comparing with Japan. Among Goryeo laws, the direct law for proprieties was the laws related to religious ceremony, costume, finance and funeral. The other laws for bureaucracy and control of the mass of people among Goryeo laws could be found the same proprieties that showed in Tang laws. Thus, The Goryeo laws had a propriety system as a basis of traditional Chinese proprieties so that we can realize that the Goryeo laws was built on the system of "Rejuhyungbo".
"Sipok" was established in order to maintain a country and family system in the period of Goryeo. Thus, the propriety system was the basic system of nation and society in Goryeo. The status of "Yangin" and "Chunin" was determined according to a participation of propriety system and it showed that the propriety in the Goryeo dynasty controlled the daily lives of the mass of the people as a form of family system.

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