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
According to the Criminal Law laid down in the Goryeosa, exile fell into three categories: those sent 2,000 li, 2,500 li, and 3,000 li away from the capital. However, due to geographical conditions, exile was actually divided into Gunji (close exile), Wonji (remote exile), and exile to an island. Considered from the point of view of an individual living on the mainland, while Wonji was a more serious punishment than Gunii, it was still better than being sent to an island.
The most serious crimes for which exile could be prescribed were rebellion, treason, and failure to take care of one's parents. In the case of rebellions and treason, exile was usually meted out as punishment to those who, while having participated in the movement, were not in the leadership group, and to those whose crimes were not of a serious nature. On occasion, individuals who acted immorally, such as, killing their mother-in-law, wife, or brother, or who were convicted of bribery or treachery, were exiled to remote places. In addition, there were occasions when individuals were exiled because of a specific political situation, such as, political infighting.
When implementing the punishment of exile. Jeoljang was sometimes included as well. Sap my eon or Jaja was also sometimes implemented, depending on the seriousness of the crimes. Sokdong, which was a system through which the accused could prevail by paying a fine, was not permitted for anybody. Those people who were allowed to use the Sokdong system were government officials, or those who belonged to the same class. Moreover, there were special cases, such as crimes committed by a disabled person where only one crime could be punished at a time. The Baeyeok imprisonment period-was decided based on one's social status. As punishment was based on the culprit's social class and the nature of his crime, the same can be said to have applied to the length of exile.
However, the most important fact is that in cases where two individuals were accused of the same crime, it was social status that influenced the length of exile. Different terms of imprisonment for the same crimes were often decided upon, and sometimes, a private slave was exiled in place of his owner. Thus, this social status mentality, which separated the noble and common classes, and people of high/low social status, played an important role on the prosecution of crimes and on the subsequent punishment.
The most serious crimes for which exile could be prescribed were rebellion, treason, and failure to take care of one's parents. In the case of rebellions and treason, exile was usually meted out as punishment to those who, while having participated in the movement, were not in the leadership group, and to those whose crimes were not of a serious nature. On occasion, individuals who acted immorally, such as, killing their mother-in-law, wife, or brother, or who were convicted of bribery or treachery, were exiled to remote places. In addition, there were occasions when individuals were exiled because of a specific political situation, such as, political infighting.
When implementing the punishment of exile. Jeoljang was sometimes included as well. Sap my eon or Jaja was also sometimes implemented, depending on the seriousness of the crimes. Sokdong, which was a system through which the accused could prevail by paying a fine, was not permitted for anybody. Those people who were allowed to use the Sokdong system were government officials, or those who belonged to the same class. Moreover, there were special cases, such as crimes committed by a disabled person where only one crime could be punished at a time. The Baeyeok imprisonment period-was decided based on one's social status. As punishment was based on the culprit's social class and the nature of his crime, the same can be said to have applied to the length of exile.
However, the most important fact is that in cases where two individuals were accused of the same crime, it was social status that influenced the length of exile. Different terms of imprisonment for the same crimes were often decided upon, and sometimes, a private slave was exiled in place of his owner. Thus, this social status mentality, which separated the noble and common classes, and people of high/low social status, played an important role on the prosecution of crimes and on the subsequent punishment.
목차
Ⅰ. 머리말
Ⅱ. 유배형의 종류와 罪目
Ⅲ. 유배형의 절차와 운영
Ⅳ. 맺음말
〈ABSTRACT〉
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