조선후기 형사법상의 젠더gender 인식과 여성 범죄의 실태

This study aims to explain characteristics of the unique gender order of Joseon Dynasty from the perspective of criminal law shown in women crimes. According to the criminal law, the gender order of Joseon Dynasty is established in dualistic frame of society(outside the family) and family. Given a victim and an offender of a murder case from the perspective of gender differences, if a slave or a kogong(雇工) kills a master, the position of the slave or the kogong who are doers only causes the difference according to the criminal law but punishment is equally applied regardless of gender. This murder cases is well shown in the process of the actual trial, so women in various positions and levels are fairly judged just like men. In case of women crimes outside the home, women are judged in the equal conditions instead of being differentiated, protected, and relieving responsibility as an inferior being to men. On the contrary, gender differences of a victim and an offender in women crimes outside the home are problematic. However, the penalty is just differently applied not only in the penal code about brothers & sisters and kinsfolk except conjugal relations in a family but also in the process of the actual trial according to the existence of kinsfolk and elders & younger people according to go into mourning, but there is no inequality in the criminal law according to gender. However, conjugal relations show the gender differences in the penalty and the real trial become the cause of inequality in the criminal law. Meanwhile, Confucian fidelity relationship between a husband and a wife rather than the logic of gender between men and women was more highlighted so the gender differences were induced.