조선건국시기 법전편찬과정의 의의와 특징에 관한 헌법적 고찰

In wide view, Constitutional research is also a part of Legal history. Legal history is a discipline to research, historically and practically, the human life with legal aspect. Through the reviewing, certain country's legal procedure is acknowledged due to the creation, the development and the extinction of the law with historical view. This means that Constitutional research shows, not only for understanding the historical truth or comprehension but for having thorough the knowledge of the present legal aspect, and future direction and prospect is also feasible to forecast pursuant to the Constitutional research. Chosun Dynasty was not to be compared with any other dynasties in the case of the improving the Code. Chosun was built based on the new ideology and well aware of the abuse during the Korea Dynasty. Chosun was not a just natural formulation like a continuum of Korea Dynasty, not an imitation of China. It was the result of the deliberation in artificial work. As comparing Korea Dynasty, It was established with a totally different view point in human nature and the view of the world from the past. Through the end of Korea Dynasty to the beginning of the Chosun Dynasty, Sung Confucianism disciples organized the regimes for completing the human spiritual aspect with the theory of Sung Confucianism. Furthermore, They tired to connect to the real politics and made prudent doctrines and practices for controling political power. The founders of Chosun Dynasty thought that practical character of Chosun's politics should be a "Balance" because exclusive authority as a king must be restricted and observed and the power should be divided. Various ideological, theoretical basises were presented to control king power. So typical legal regimes and codes were founded. Chosun founders tried to make the regimes as they think those kinds of regimes are essential factor of political community. Especially, Sung Confucianists including Jung Do-jun through the Korea Dynasty to the Chosun Dynasty, were not metaphysicians. They were the concrete theorists, revolutionists and politicians and devoted to create and construct specific politics based on the certain ideology. Finally, Kungguk taejon contained all the values they dedicated to make it through over 30 years.