한국 고대사회의 형벌권의 추이－‘율령’ 반포 이전을 중심으로－ (A change in the power of punishment in ancient society of Korea－based on previous period of the Yulryeong(律令) promulgated)

서지정보

· 발행기관 : 고려사학회
· 수록지 정보 : 韓國史學報 / 47호 / 7 ~ 34페이지
· 저자명 : 한영화

초록

The purpose of this paper is to investigate a change in the power of punishment in Ancient society of Korea. Therefore the contents and properties of the punishment of GoJoseon(古朝鮮), Buyeo(夫餘), Koguryo(高句麗) etc. were checked. And Time category was limited to previous period of the Yulryeong(律令) promulgated.
Generlly, the contents of the violation of bans(犯禁) in the most societies including ‘Beomgeum 8 clauses'(犯禁8條) of GoJoseon(古朝鮮) were murder, injury, theft etc. and these clauses were the most basic and universal elements in the most societies, which regulated members of community. But another aspect in terms of punishment appeared because each society had different folkways(習俗) and customs(慣習) by the natural and social conditions. For example, the shared recognition of atonement for the theft in GoJoseon(古朝鮮), neglecting of the jealous wife's body in Buyeo(夫餘) etc. Most of these punishments for sins based on the band within the community. But with the advent of increasing power, it controlled the community and executed the punishment compulsorily The operation of the power of punishment concretized by the ruling classes in the rites of Younggo(迎鼓) and Dongmaeng(東盟). In the rites, the King was given legitimacy by the God and confirmed rank inside the ruling classes. Every Ga(加) who were representative of each Bu(部) judged a capital offense in the rites though their's conference. One step further, a standing Aristocratic Conference(貴族會議) made a decision about a matter of Kingdom's importance. For example, the decision to perform a war, succession to the throne, penal administration ect.
In the process of a power struggle between King & Co., the King had a monopoly of power. And he promulgated the Yulryeong(律令) that supported power institutionally. Therefore, promulgation of the Yulryeong(律令) meant that the vertical order for centering the king was needed and this action gave absolutes to the throne.

영어초록

The purpose of this paper is to investigate a change in the power of punishment in Ancient society of Korea. Therefore the contents and properties of the punishment of GoJoseon(古朝鮮), Buyeo(夫餘), Koguryo(高句麗) etc. were checked. And Time category was limited to previous period of the Yulryeong(律令) promulgated.
Generlly, the contents of the violation of bans(犯禁) in the most societies including ‘Beomgeum 8 clauses'(犯禁8條) of GoJoseon(古朝鮮) were murder, injury, theft etc. and these clauses were the most basic and universal elements in the most societies, which regulated members of community. But another aspect in terms of punishment appeared because each society had different folkways(習俗) and customs(慣習) by the natural and social conditions. For example, the shared recognition of atonement for the theft in GoJoseon(古朝鮮), neglecting of the jealous wife's body in Buyeo(夫餘) etc. Most of these punishments for sins based on the band within the community. But with the advent of increasing power, it controlled the community and executed the punishment compulsorily The operation of the power of punishment concretized by the ruling classes in the rites of Younggo(迎鼓) and Dongmaeng(東盟). In the rites, the King was given legitimacy by the God and confirmed rank inside the ruling classes. Every Ga(加) who were representative of each Bu(部) judged a capital offense in the rites though their's conference. One step further, a standing Aristocratic Conference(貴族會議) made a decision about a matter of Kingdom's importance. For example, the decision to perform a war, succession to the throne, penal administration ect.
In the process of a power struggle between King & Co., the King had a monopoly of power. And he promulgated the Yulryeong(律令) that supported power institutionally. Therefore, promulgation of the Yulryeong(律令) meant that the vertical order for centering the king was needed and this action gave absolutes to the throne.

참고자료

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