조선시대 형벌과 형정 연구의 진전을 위한 모색 - 矢木 毅, 『朝鮮朝刑罰制度の硏究』(2019, 朋友書店) 분석을 중심으로 - (An Attempt to Advance Studies of Joseon Punishments and Penal Administration : Reviewing Yagi Takeshi(矢木 毅)’s Study of Joseon Administration of Punishments (朝鮮朝刑罰制度の硏究』, 2019, 朋友書店))

서지정보

· 발행기관 : 한국역사연구회
· 수록지 정보 : 역사와 현실 / 118호 / 701 ~ 733페이지
· 저자명 : 심재우

초록

Attempted in this article is to recap major points featured in Study of Joseon Administration of Punishments (朝鮮朝刑罰制度の硏究』, 2019, 朋友書店), authored by Professor Yagi Takeshi(矢木 毅) of the Kyoto University of Japan, in order to ascertain remaining future tasks for studies of Joseon criminal judicature.
This book features three major points of contribution, of which the first is the fact that the author was successful in systematically reconstructing a labyrinth of punishments and warnings implemented by the Joseon government during the Joseon period.
Second, it should also be noted that the author tried to define a certain characteristic of Joseon’s penal administration as the principle of strict implementations of punishments. Such definition came from the author’s observation of the emergence of flogging[棍杖刑] and beheading[梟示刑] as military punishment codes, as well as the practice of subjecting not only soldiers but civilians to such punishments.
Third, the author also dictated that in Joseon, especially in its later days, legal and judiciary bodies tended to skip regular procedures and instead resorted to swift rulings. The author suggested such opinion after examining all the changes that occurred in retrials for prisoners who had earlier been sentenced to death[再審], or the practice of aiding distressed prisoners in cells[恤囚].
Of course, there are points that are hard for this reviewer to agree. And there is definitely some room for improvement. For example, the author’s observation that Joseon was becoming particularly harsh in its implementation of punishments seems like an overstatement. Yet the fact that the author provided us with such a meticulous examination of aspects of Joseon criminal judicature that have been overlooked for a long time, such as the punishment system for the governmental officials and retrials for condemned prisoners, accompanied with the author’s own unique view on the matter, is what can and should be recommended to readers.

영어초록

Attempted in this article is to recap major points featured in Study of Joseon Administration of Punishments (朝鮮朝刑罰制度の硏究』, 2019, 朋友書店), authored by Professor Yagi Takeshi(矢木 毅) of the Kyoto University of Japan, in order to ascertain remaining future tasks for studies of Joseon criminal judicature.
This book features three major points of contribution, of which the first is the fact that the author was successful in systematically reconstructing a labyrinth of punishments and warnings implemented by the Joseon government during the Joseon period.
Second, it should also be noted that the author tried to define a certain characteristic of Joseon’s penal administration as the principle of strict implementations of punishments. Such definition came from the author’s observation of the emergence of flogging[棍杖刑] and beheading[梟示刑] as military punishment codes, as well as the practice of subjecting not only soldiers but civilians to such punishments.
Third, the author also dictated that in Joseon, especially in its later days, legal and judiciary bodies tended to skip regular procedures and instead resorted to swift rulings. The author suggested such opinion after examining all the changes that occurred in retrials for prisoners who had earlier been sentenced to death[再審], or the practice of aiding distressed prisoners in cells[恤囚].
Of course, there are points that are hard for this reviewer to agree. And there is definitely some room for improvement. For example, the author’s observation that Joseon was becoming particularly harsh in its implementation of punishments seems like an overstatement. Yet the fact that the author provided us with such a meticulous examination of aspects of Joseon criminal judicature that have been overlooked for a long time, such as the punishment system for the governmental officials and retrials for condemned prisoners, accompanied with the author’s own unique view on the matter, is what can and should be recommended to readers.

참고자료

· 없음