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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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Conscription was used as a form of punishment, with criminals forced to conduct military duties such as suchol (border guards), pongjol (sentinels at signal fire stations), and sukun (sailors). Conversely, requisition was used to punish criminals by having them carry out specific forms of corve labor. Conscription was introduced as part of the restructuring of the military system that took place following the end of the period of Yuan intervention, a period which saw comprehensive efforts be made to develop measures to defend the country from Japanese marauders. Meanwhile, requisition was implemented in large part because of the growing need for people to carry out various types of physical labor such as y?ngni (驛吏), mokcha (牧子), and changsu (杖首) following the alteration of the corve labor system during the middle period of Kory?. As such, these two penalties, which emerged during the middle and late periods of Kory? and were in large part the result of the societal changes that took place during this period, were eventually included in the legal code as justified punishments during the early period of Chos?n.
Conscription and requisition were considered to be a rather lenient type of penalty, and were not included in the so-called five-penalty system which existed during the Kory? period. These penalties were perceived as lying somewhere between death and exile in terms of their severity, Culprits were sentenced for an indefinite period, with no hope of an early amnesty. Moreover, these two penalties simultaneously carried with them the stigma of imprisonment as well as the degradation of ones social status. As such, the authorities were able to use these two punishments to meet the growing need for corve labor, while also ensuring that the culprits would be all but exiled from society and suffer a drop in status.
From the standpoint of the history of the legal system, the introduction of conscription and requisition as punishments can be said to have been influenced by the legal systems of the Song and Yuan dynasties. In particular, the idea of using conscription as a punishment was taken directly from the Yuan dynastys legal system. However, this does not mean that Kory? adopted the Chinese legal system as a whole. While exile was regarded as being the equivalent of conscription during the Yuan dynasty, exile and conscription existed as separate punishments in Kory?. Moreover, as Kory?'s legal system contained unique punishments, such as chapch'?k (雜尺), requisition, while being somewhat influenced by the Yuan legal system, was in essence based on traditional Korean punishments.
Conscription and requisition were considered to be a rather lenient type of penalty, and were not included in the so-called five-penalty system which existed during the Kory? period. These penalties were perceived as lying somewhere between death and exile in terms of their severity, Culprits were sentenced for an indefinite period, with no hope of an early amnesty. Moreover, these two penalties simultaneously carried with them the stigma of imprisonment as well as the degradation of ones social status. As such, the authorities were able to use these two punishments to meet the growing need for corve labor, while also ensuring that the culprits would be all but exiled from society and suffer a drop in status.
From the standpoint of the history of the legal system, the introduction of conscription and requisition as punishments can be said to have been influenced by the legal systems of the Song and Yuan dynasties. In particular, the idea of using conscription as a punishment was taken directly from the Yuan dynastys legal system. However, this does not mean that Kory? adopted the Chinese legal system as a whole. While exile was regarded as being the equivalent of conscription during the Yuan dynasty, exile and conscription existed as separate punishments in Kory?. Moreover, as Kory?'s legal system contained unique punishments, such as chapch'?k (雜尺), requisition, while being somewhat influenced by the Yuan legal system, was in essence based on traditional Korean punishments.
목차
Ⅰ. 머리말
Ⅱ. 충군형 사례의 분석
Ⅲ. 정역형 사례 분석
Ⅳ. 충군ㆍ정역형의 법제사적 검토
Ⅴ. 맺음말
〈ABSTRACT〉
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