지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The Joseon society was maintained upon a social-class structure, and the penal code which served such structure was the 『Grand Ming Coder』. And the regulations inside the Ming code regarding topics such as human lives, unlawful sexual relationships, assaults & brawls, and illegal burials, show us that lowly men and women were discriminated from the ordinary people, by receiving sentences one-level harsher or longer.
When a Nobi worker conspired to murder the head of the family or the relatives of him, different levels of punishment were applied to different situations, because it was a matter of relationship between persons who were linked to different levels of the same hierarchy. When a Nobi worker had an illegal sexual relationship with another person, the Nobi could receive various levels of punishment depending on the nature of the opponent it had sex with. If he had a sexual intercourse with either the family head's wife, daughter or someone among his close relatives, then the Nobi would receive punishment mirroring the level of relationship the family head had with the one who had sex with the Nobi. The punishment for an illegal sexual relationship between an ordinary person and a lowly person was treated differently from other cases as well, and punishments either one-level harsher or one-level milder were applied to such cases, depending upon the circumstances and not to mention the existing social practices of discrimination, Cases of assaults and brawls, which usually accompanied physical contact, were also judged and punished depending upon the nature of the people involved, A Nobi worker involved in a brawl and an ordinary person involved in a brawl were treated differently, usually by one level, and needless to say, a Nobi and the head of the family for the relatives of the family head) were treated much more differently.
The Joseon government made it a principle to consult laws inside the 『Grand Ming Code』 in its dealings with criminal cases, but in Joseon there were social situations that were different from those of the Chinese society, so sometimes it was difficult to directly apply Chinese rules to a Joseon situation. For example, when a private Nobi worker murdered its master, the case was considered as a morality issue and the offender would severely be punished. On the other hand, punishing a concubine or the husband of a Nobi female required a partially new kind of application of the laws inside 『Grand Ming Coder』, or even a new section of law which had never existed before, to be created.
During the middle period of the Joseon dynasty, there were not only discriminations between an ordinary person and a lowly person, but also discriminations between the Sajok figures and either the ordinary persons or lowly persons. The 『Grand Ming Code』, which was a Chinese penal code, did not have a definition of the concept of Joseon Sajok(literary influential figures). So the Joseon government had to improvise in its application of the Ming code and related laws to cases involving Sajok figures, or even create new kinds of royal orders(수교).
When a Nobi worker conspired to murder the head of the family or the relatives of him, different levels of punishment were applied to different situations, because it was a matter of relationship between persons who were linked to different levels of the same hierarchy. When a Nobi worker had an illegal sexual relationship with another person, the Nobi could receive various levels of punishment depending on the nature of the opponent it had sex with. If he had a sexual intercourse with either the family head's wife, daughter or someone among his close relatives, then the Nobi would receive punishment mirroring the level of relationship the family head had with the one who had sex with the Nobi. The punishment for an illegal sexual relationship between an ordinary person and a lowly person was treated differently from other cases as well, and punishments either one-level harsher or one-level milder were applied to such cases, depending upon the circumstances and not to mention the existing social practices of discrimination, Cases of assaults and brawls, which usually accompanied physical contact, were also judged and punished depending upon the nature of the people involved, A Nobi worker involved in a brawl and an ordinary person involved in a brawl were treated differently, usually by one level, and needless to say, a Nobi and the head of the family for the relatives of the family head) were treated much more differently.
The Joseon government made it a principle to consult laws inside the 『Grand Ming Code』 in its dealings with criminal cases, but in Joseon there were social situations that were different from those of the Chinese society, so sometimes it was difficult to directly apply Chinese rules to a Joseon situation. For example, when a private Nobi worker murdered its master, the case was considered as a morality issue and the offender would severely be punished. On the other hand, punishing a concubine or the husband of a Nobi female required a partially new kind of application of the laws inside 『Grand Ming Coder』, or even a new section of law which had never existed before, to be created.
During the middle period of the Joseon dynasty, there were not only discriminations between an ordinary person and a lowly person, but also discriminations between the Sajok figures and either the ordinary persons or lowly persons. The 『Grand Ming Code』, which was a Chinese penal code, did not have a definition of the concept of Joseon Sajok(literary influential figures). So the Joseon government had to improvise in its application of the Ming code and related laws to cases involving Sajok figures, or even create new kinds of royal orders(수교).
목차
머리말
1. 대명률의 신분 차별
2. 조선 중기 형률 적용시 신분 차별
3. 사족에 대한 형률 적용의 차별
맺음말
〈Abstract〉
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