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
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In Deetnyungyul(《大明律》), there was no difference between the noble class and the common / low-class people for the punishment of adultery. Regardless of class, the punishment for a adultery was 80 lashes for a single woman and 90 lashes for a married woman. During the Choson period, Deemyungyul was the principal criminal law used to apply the punishment for adultery. But it was substituted for its own regulation afterwards, and there were greater differences between the regulation and the real punishment. Moreover, in the process of reinforcing the punishment, the scope of the regulation was widened to include common women, rather than only noble women. There was also a tendency to accept private punishment.
In the early Choson period, there was a tendency to punish strictly the act of adultery. The establishment of adultery was dependant on objective circumstances, but tried to maintain the principle of conclusive evidence. If a husband killed his wife and her partner, there was a commutation for husband in general. But there would be an effort to maintain the regulation by emphasizing a provision that he must kill them on the spot(登時殺死: Deungsisalsa).
In the middle Choson period, the law of executing noble women charged of adultery was enacted. In the case of common women, there was no specific law but generally they became slave servants of the government. The fact that there was a reinforcement of the punishment for common women while the law remained same, represents a phenomenon similar to the ideology of chasteness which was enlarged to include common women in the process of the Seongjong(世宗) and Jungjong(中宗) ages. Furthermore, for the establishment of adultery, even the principle of objective circumstance was disturbed but there remained an effort to maintain the principle of conclusive evidence. Similarly with the early Choson period, there was a commutation for a husband who killed his wife and her partner, but the rule of Deungsisalsa was also maintained.
In the late Choson period, the establishment of adultery which was originally based on the principle of conclusive evidence changed, to the principle of subjective confident belief. Moreover, a regulation was established in which some kinds of murder was acceptable, that is, a husband or a son could kill the man and the woman who had committed adultery. Consequently, some murders which were not related to adultery were accepted. and some people were killed just because of the suspicion of adultery.
In the early Choson period, sedeebu(士大夫) classes who had established a new society reinforced the adultery regulation for noble women to ensure their moral justness. And in the middle Choson period, they again reinforced this regulation for women in all classes to improve the social fiber. Finally, in the late Choson period, the adultery laws mentioned above were controlled to restore order in the social fiber. That is, sadaebu classes who no longer had much control of the society, emphasized the ideology of chasteness which was derived from Seongjjhak(性理學) morals as a substitute.
This phenomenon characterizes some managements of Yongjo(英祖) and jeongjo(正祖) who wanted to control the publics morals even beyond laws. We will review the influences of the reinforcement of the adultery regulation on the change of social conventions in the other thesis.
In the early Choson period, there was a tendency to punish strictly the act of adultery. The establishment of adultery was dependant on objective circumstances, but tried to maintain the principle of conclusive evidence. If a husband killed his wife and her partner, there was a commutation for husband in general. But there would be an effort to maintain the regulation by emphasizing a provision that he must kill them on the spot(登時殺死: Deungsisalsa).
In the middle Choson period, the law of executing noble women charged of adultery was enacted. In the case of common women, there was no specific law but generally they became slave servants of the government. The fact that there was a reinforcement of the punishment for common women while the law remained same, represents a phenomenon similar to the ideology of chasteness which was enlarged to include common women in the process of the Seongjong(世宗) and Jungjong(中宗) ages. Furthermore, for the establishment of adultery, even the principle of objective circumstance was disturbed but there remained an effort to maintain the principle of conclusive evidence. Similarly with the early Choson period, there was a commutation for a husband who killed his wife and her partner, but the rule of Deungsisalsa was also maintained.
In the late Choson period, the establishment of adultery which was originally based on the principle of conclusive evidence changed, to the principle of subjective confident belief. Moreover, a regulation was established in which some kinds of murder was acceptable, that is, a husband or a son could kill the man and the woman who had committed adultery. Consequently, some murders which were not related to adultery were accepted. and some people were killed just because of the suspicion of adultery.
In the early Choson period, sedeebu(士大夫) classes who had established a new society reinforced the adultery regulation for noble women to ensure their moral justness. And in the middle Choson period, they again reinforced this regulation for women in all classes to improve the social fiber. Finally, in the late Choson period, the adultery laws mentioned above were controlled to restore order in the social fiber. That is, sadaebu classes who no longer had much control of the society, emphasized the ideology of chasteness which was derived from Seongjjhak(性理學) morals as a substitute.
This phenomenon characterizes some managements of Yongjo(英祖) and jeongjo(正祖) who wanted to control the publics morals even beyond laws. We will review the influences of the reinforcement of the adultery regulation on the change of social conventions in the other thesis.
목차
Ⅰ. 머리말
Ⅱ. 간통죄 형량의 증대와 그 실상
Ⅲ. 간통죄 구성요건의 완화
Ⅳ. 간통남녀에 대한 사적징벌 용인 범위의 확대
Ⅴ. 맺음말
〈ABSTRACT〉
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