『三國志』 東夷傳에 보이는 한국 고대사회의 俗과 法

Basically the law system of the ancient Korean society has been formed by customary law(慣習法) internally and the Yulryeong(律令) externally. A customary law(慣習法) of the Three Kingdoms(三國) included the laws of the early state which has formed since the class was occurred and the laws which reflected the will of the rulers. The purpose of this paper is to investigate the formation of a customary law(慣習法) in Dongyi-jeon of Samgukji(三國志). This material included a broad range of topics of the ancient Korean society. Specially, the folkways(習俗) and criminal law(刑法) which was described in it detailedly had unique characteristics. Because those were occurred inside the community on different conditions. The folkways(習俗) collectively had been repeated within the primitive community. It was converted into a mores(慣習) including the philosophical and ethical generalizations. In other words, a mores played role as social norm on previous period of the Yulryeong(律令) promulgated. And if someone has violated the routine or religious taboos(禁忌) and the mores as social norm, he was compulsorily sanctioned in his community. Most of these punishments for sins based on the band within the community. But with the advent of increasing power, it controlled the community and executed the punishment compulsorily. As a conclusion, in the formation and development process of the ancient states, the customary law(慣習法) was social norms and legal systems based on folkways, taboo and mores.