조선후기 영조대 법전정비와 『속대전』의 편찬 (Updating and improving the legal code system, during the reign of King Yeongjo in Joseon dynasty’s latter half period, and the compilation of Sok-Daejeon)

서지정보

· 발행기관 : 한국역사연구회
· 수록지 정보 : 역사와 현실 / 68호 / 189 ~ 236페이지
· 저자명 : 김백철

초록

The task of compiling Sok-Daejeon during the latter half period of Joseon, was born out of the need to restore the so-called ‘Gyeongguk Daejeon system’, which was based upon the Joseon dynasty’s main legal code, Gyeongguk Daejeon. It has been being strongly argued that the legal codes of Gyeongguk Daejeon should be respected, honored and abided by. But the codes that were created in the early days of the dynasty, were actually in no condition to properly reflect the various social changes that had accumulated for centuries. So, during the reign of King Yeongjo, the Sugyo orders that had earlier been issued by the King were compiled(as the first stage of overall efforts that will eventually follow) in the form of Shinbo Sugyo Jibrok. After that task was completed, soon it was followed by a second stage of efforts in which the newly compiled Sugyo orders were ‘integrated’ into the existing legal code system(or structure), and resulted in the compilation of Jeungbo Jeonrok Tonggo. And in the third stage, all the existing legal codes were gathered together and merged with each other, under the name of Sok-Daejeon. As we can see, the task of updating and improving the legal code system during King Yeongjo’s reign, proceeded with several stages composed of individual tasks.
Compilation of Sok-Daejeon proceeded somewhat differently from other tasks of legal codification projects that continued in the same period. First, regarding the issue of penal code implementation, codes inside the ‘Penal section’ of Sok-Daejeon(based upon Joseon situations) came to be used more frequently and prominently than the codes inside the Chinese Daemyeong-ryul. And secondly, Sok-Daejeon shows its own distinct nature of containing all the Sugyo orders that were previously included in the four legal compilations(‘Sarok/四錄’) which all came after the days of Gyeongguk Daejeon(Daejeon Sokrok, Daejeon Hu-Sokrok, Sugyo Jibrok, Shinbo Sugyo Jibrok). Sok-Daejeon literally absorbed all those predecessors to itself, and established them inside one single unified legal code system usually referred to as “Deajeon/大典”. Through this process, the legal codes that were scattered throughout several legal code systems were finally put into a unified structure under clearly defined legal relationships. These efforts that continued during the reign of King Yeongjo provided an important momentum for future tasks of updating and improving existing legal codes, and also tasks of preparing new forms of national legal codes.

영어초록

The task of compiling Sok-Daejeon during the latter half period of Joseon, was born out of the need to restore the so-called ‘Gyeongguk Daejeon system’, which was based upon the Joseon dynasty’s main legal code, Gyeongguk Daejeon. It has been being strongly argued that the legal codes of Gyeongguk Daejeon should be respected, honored and abided by. But the codes that were created in the early days of the dynasty, were actually in no condition to properly reflect the various social changes that had accumulated for centuries. So, during the reign of King Yeongjo, the Sugyo orders that had earlier been issued by the King were compiled(as the first stage of overall efforts that will eventually follow) in the form of Shinbo Sugyo Jibrok. After that task was completed, soon it was followed by a second stage of efforts in which the newly compiled Sugyo orders were ‘integrated’ into the existing legal code system(or structure), and resulted in the compilation of Jeungbo Jeonrok Tonggo. And in the third stage, all the existing legal codes were gathered together and merged with each other, under the name of Sok-Daejeon. As we can see, the task of updating and improving the legal code system during King Yeongjo’s reign, proceeded with several stages composed of individual tasks.
Compilation of Sok-Daejeon proceeded somewhat differently from other tasks of legal codification projects that continued in the same period. First, regarding the issue of penal code implementation, codes inside the ‘Penal section’ of Sok-Daejeon(based upon Joseon situations) came to be used more frequently and prominently than the codes inside the Chinese Daemyeong-ryul. And secondly, Sok-Daejeon shows its own distinct nature of containing all the Sugyo orders that were previously included in the four legal compilations(‘Sarok/四錄’) which all came after the days of Gyeongguk Daejeon(Daejeon Sokrok, Daejeon Hu-Sokrok, Sugyo Jibrok, Shinbo Sugyo Jibrok). Sok-Daejeon literally absorbed all those predecessors to itself, and established them inside one single unified legal code system usually referred to as “Deajeon/大典”. Through this process, the legal codes that were scattered throughout several legal code systems were finally put into a unified structure under clearly defined legal relationships. These efforts that continued during the reign of King Yeongjo provided an important momentum for future tasks of updating and improving existing legal codes, and also tasks of preparing new forms of national legal codes.

참고자료

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