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During the 18th century, large scale projects of law code (statutes) compilation continued. The individual Sugyo orders that had been accumulated were trimmed or complimented, and processed into a form of a general law, and then inserted into the Daejeon(Grand Law Code) structure. The earliest result was the compilation and publication of the Sok-Dzejeon, which was the successor of Gyeongguk Daejeon. It became the backbone of the Joseon dynasty's legal system in the dynasty's latter half period. The birth of a grand new law code system would have obviously mirrored the facets of the society that were apparent at the time, so proper examination is required.
Inside the foreword of the Gyeongguk Deejeon, the ideal society one might hope for and based upon the teachings of Confucianism is discussed. It shows that the Joseon society was endeavoring to achieve a society placed at such level, as the editors revealed the Joseon dynasty's objective of achieving Confucian legalism in the very first part of the law code. Also, in the foreword of Sok-Daejeon the issue of the 'subjects'(the general public) is particularly emphasized, as the articles inside the Penal code are quoted there. This means that the Penal code section was basically designed to represent the nature and spirit of the entire Sok-Daejeon statutes.
And the things that were most emphasized were articles involving the subjects, the general population of the Joseon society. Gyeongguk Daejeon was created in efforts to establish various elements of the national ruling system which would solidify the Joseon dynasty's foundation, and compared to that, Sok-Daejeon was created in efforts to then find ways to care for the subjects based upon such pre-established ruling order. A well-designed legal system and the protection of the basic rights of the public based upon such system were launched by the birth of a new law code which considered the welfare of the public as most important. Also, the official authority of the government was stressed again as well, in order to establish an environment that would practically serve the protection of the public's basic rights and the preservation of social stability.
The birth of Sok-Daejeon meant the advent of a new kind of legal code system in the latter half period of the Joseon dynasty, and it reflected the dynamic nature of social changes that continued during the 18th century. And the general population was the most important thing to be protected by such law codes and articles.
Inside the foreword of the Gyeongguk Deejeon, the ideal society one might hope for and based upon the teachings of Confucianism is discussed. It shows that the Joseon society was endeavoring to achieve a society placed at such level, as the editors revealed the Joseon dynasty's objective of achieving Confucian legalism in the very first part of the law code. Also, in the foreword of Sok-Daejeon the issue of the 'subjects'(the general public) is particularly emphasized, as the articles inside the Penal code are quoted there. This means that the Penal code section was basically designed to represent the nature and spirit of the entire Sok-Daejeon statutes.
And the things that were most emphasized were articles involving the subjects, the general population of the Joseon society. Gyeongguk Daejeon was created in efforts to establish various elements of the national ruling system which would solidify the Joseon dynasty's foundation, and compared to that, Sok-Daejeon was created in efforts to then find ways to care for the subjects based upon such pre-established ruling order. A well-designed legal system and the protection of the basic rights of the public based upon such system were launched by the birth of a new law code which considered the welfare of the public as most important. Also, the official authority of the government was stressed again as well, in order to establish an environment that would practically serve the protection of the public's basic rights and the preservation of social stability.
The birth of Sok-Daejeon meant the advent of a new kind of legal code system in the latter half period of the Joseon dynasty, and it reflected the dynamic nature of social changes that continued during the 18th century. And the general population was the most important thing to be protected by such law codes and articles.
목차
Ⅰ. 머리말
Ⅱ. 『속대전』편찬의 배경
Ⅲ. 『續大典』「刑典」편찬의 의의
Ⅳ. 맺음말
〈Abstract〉
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