조선전기 친속 용은(容隱) 규정의 수용과 그 의미 - ‘범죄 감싸주기’ 허용을 통해 본 가족 및 친족 공동체의 보호에 대하여 - (The acceptance of foreign ‘Yong’eun’ regulations (容隱/hiding and protection of the crimes of family members), in the early half period of the Joseon dynasty, and its meaning)

서지정보

· 발행기관 : 한국역사연구회
· 수록지 정보 : 역사와 현실 / 75호 / 61 ~ 92페이지
· 저자명 : 박경

초록

Examined in this article, is how the Koreans accepted and embraced the 『Dae’Myeong-ryul』 law codes regarding the so-called issue of “Yong’eun”(hiding and protecting crimes [of a family member or a relative]), and how such acceptance and embracement contributed to the establishment of a Confucian order regarding familial relationships, in the early half of the Joseon dynasty period. There were two branches in these so-called ‘Yong’eun’ regulations. One was the ‘Chinsok Sang’wi Yong’eun-jo(親屬相爲容隱條)’ clause, which granted a person, who did not report to the authorities a criminal action committed by a member of his family or a relative in the House, the right to not be punished or not receive any harsh punishments. The other was No’yu Bul’goshin-jo(老幼不拷訊條) clause, which dictated that the range of personnel who were granted the status of being unpunishable by the former clause should not be summoned as a witness during the interrogation process.
The policy makers of the Joseon government considered the action of hiding others’ crimes and therefore protecting one's own family members and relatives, as a morally honorable and appropriate thing to do. So, even in the early days of the Joseon dynasty, the Chinsok Sangwi Yong'eun-jo clause began to be applied to criminal cases. And in 1431(13th year of king Sejong's reign), the king ordered that people who were allowed the privilege of practicing the right of “Yong’eun,” should not be summoned as a witness. By ordering so he put the No'yu Bul'goshin-jo clause in clear effect. This order actually caused certain troubles and no doubt created some difficulties for the authorized personnel in doing their jobs, like proving a suspect's guilt or arresting them as well. This was essentially the government's declining to exercise its own privilege of exacting administrative power over the public. The people of the Joseon dynasty shared a social consensus that, even with all such difficulties mentioned before, it was a worthy thing to do in strictly moral terms. And the order of king Sejong was made possible by such social understanding. It maintained a status of law throughout the 15th century.
As we can see, 『Dae’Myeong-ryul』’s Yong’eun regulations were embraced and honored by the Joseon people since the dynasty’s early days, because the leaders of the government believed that allowing and respecting the act of covering and protecting the crimes of a family member or a close relative was ultimately more important than maintaining the power of the authorities or pursuing convenience in legal administrations. The government was determined to secure and protect the individual's right to maintain their level of integrity as human beings, so the leaders actively accepted and embraced these regulations and put them to great effect. We can say that their ruling philosophy, which intended to create an ideal Confucian society based upon moral individuals and amicable family relationships, was most effectively reflected in real life institutions and administration.

영어초록

Examined in this article, is how the Koreans accepted and embraced the 『Dae’Myeong-ryul』 law codes regarding the so-called issue of “Yong’eun”(hiding and protecting crimes [of a family member or a relative]), and how such acceptance and embracement contributed to the establishment of a Confucian order regarding familial relationships, in the early half of the Joseon dynasty period. There were two branches in these so-called ‘Yong’eun’ regulations. One was the ‘Chinsok Sang’wi Yong’eun-jo(親屬相爲容隱條)’ clause, which granted a person, who did not report to the authorities a criminal action committed by a member of his family or a relative in the House, the right to not be punished or not receive any harsh punishments. The other was No’yu Bul’goshin-jo(老幼不拷訊條) clause, which dictated that the range of personnel who were granted the status of being unpunishable by the former clause should not be summoned as a witness during the interrogation process.
The policy makers of the Joseon government considered the action of hiding others’ crimes and therefore protecting one's own family members and relatives, as a morally honorable and appropriate thing to do. So, even in the early days of the Joseon dynasty, the Chinsok Sangwi Yong'eun-jo clause began to be applied to criminal cases. And in 1431(13th year of king Sejong's reign), the king ordered that people who were allowed the privilege of practicing the right of “Yong’eun,” should not be summoned as a witness. By ordering so he put the No'yu Bul'goshin-jo clause in clear effect. This order actually caused certain troubles and no doubt created some difficulties for the authorized personnel in doing their jobs, like proving a suspect's guilt or arresting them as well. This was essentially the government's declining to exercise its own privilege of exacting administrative power over the public. The people of the Joseon dynasty shared a social consensus that, even with all such difficulties mentioned before, it was a worthy thing to do in strictly moral terms. And the order of king Sejong was made possible by such social understanding. It maintained a status of law throughout the 15th century.
As we can see, 『Dae’Myeong-ryul』’s Yong’eun regulations were embraced and honored by the Joseon people since the dynasty’s early days, because the leaders of the government believed that allowing and respecting the act of covering and protecting the crimes of a family member or a close relative was ultimately more important than maintaining the power of the authorities or pursuing convenience in legal administrations. The government was determined to secure and protect the individual's right to maintain their level of integrity as human beings, so the leaders actively accepted and embraced these regulations and put them to great effect. We can say that their ruling philosophy, which intended to create an ideal Confucian society based upon moral individuals and amicable family relationships, was most effectively reflected in real life institutions and administration.

참고자료

· 없음