조선시대 ‘贓’에 관한 연구

In this article, I did a research on the ‘Illicit Goods(贓)’ of Joseon Dynasty that has both concepts of Illicit goods and bribes in modern criminal justice system. The Illicit Goods of Joseon Dynasty meant all property related to all types of illegal conduct, such as the property acquired through theft, the property used in criminal transactions, and the prohibited property. But the property acquired through theft in the Art. 287 ‘Supervisors or Custodians Themselves Stealing Money or Grain from Granaries or Treasuries’ of the Great Ming Code was categorized as bribes taken by officers in Joseon Dynasty. So a bribery case was called as Jang-o(贓汚) and a theft case was called as Jang-do(贓盜) in Joseon Dynasty. I looked into substantial provisions on the Six Illicit Goods to illuminate the concept of them. I found out that the concept of Six Illicit Goods focuses on punishment proportionate to the quantity of the Illicit Goods. Thus calculation of the Illicit Goods was so important since punishment was determined by the amount of the Illicit Goods. The calculation method of the Illicit Goods was based upon the principle of the Most Serious Crime that was stipulated in Art. 25. ‘Sentencing on the Basis of the Punishment for the More Serious Crime When Two Crimes Are Discovered Together’ of the Great Ming Code. The calculation method of the Great Ming Code was clearer and simpler than that of the Tang Code.