조선조 법제도 분석을 통한 21세기 한국적 법문화에 관한 연구 (The Study on 21th Century Korean Legal Culture by Analysis Chosun Dynastic Legal Institution)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 10권 / 2호 / 469 ~ 495페이지
· 저자명 : 이재룡

초록

We can learn a lot of legal thoughts from the legal system of Chosun dynasty. We can find that have the legal system of Chosun dynasty have some character to coincide with real existence. The king and ministers of Chosun dynasty are distributing political power reasonably. Thus they can establish the balance of political power by restraint and surveillance each other. The bureaucrats of Chosun dynasty have the political and the legal power with the honor given by the national legal system. But they must have responsibility to correspond their legal power. The criminal law of Chosun dynasty has the balanced of the penalty of the injurer with damage of the victim. The state tried to respect the human rights of the accused person. They actress on the ethics and morality more than the loyalty to their country. The national institution of Chosun dynasty is oriented to establishment of society protecting happiness of family and the value of ethics and the morality. The family system(宗法制) is the basis foundation of all system of Chosun dynasty.
We can make the good use of things found from Chosun dynastic legal institution. We should regard a person in the legal system as the object social one, not liberal individual person. This understand of the person can be become the foundation of adjust to the original nature of the humanity. We can learn the party and National Assembly must be separated with Executive for realizing the principle of separating national power. Thus the discrimination of the Government party and the opposition party is indistinct and so the principle of separating national power is kept well. The important character of the Chosun dynastic legal institution is that the system is been in pursuit of realizable idea based on reality.

영어초록

We can learn a lot of legal thoughts from the legal system of Chosun dynasty. We can find that have the legal system of Chosun dynasty have some character to coincide with real existence. The king and ministers of Chosun dynasty are distributing political power reasonably. Thus they can establish the balance of political power by restraint and surveillance each other. The bureaucrats of Chosun dynasty have the political and the legal power with the honor given by the national legal system. But they must have responsibility to correspond their legal power. The criminal law of Chosun dynasty has the balanced of the penalty of the injurer with damage of the victim. The state tried to respect the human rights of the accused person. They actress on the ethics and morality more than the loyalty to their country. The national institution of Chosun dynasty is oriented to establishment of society protecting happiness of family and the value of ethics and the morality. The family system(宗法制) is the basis foundation of all system of Chosun dynasty.
We can make the good use of things found from Chosun dynastic legal institution. We should regard a person in the legal system as the object social one, not liberal individual person. This understand of the person can be become the foundation of adjust to the original nature of the humanity. We can learn the party and National Assembly must be separated with Executive for realizing the principle of separating national power. Thus the discrimination of the Government party and the opposition party is indistinct and so the principle of separating national power is kept well. The important character of the Chosun dynastic legal institution is that the system is been in pursuit of realizable idea based on reality.

참고자료

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