조계종 종법에 나타난 징계제도와 율장의 비교 고찰

This paper aims to point out problems arising from the difference between the buddhist traditional law in Vinaya Pitaka, especially the Four Divided Vinaya(四分律) and the law of the Jogye Order which is the largest traditional Korean buddhist sect, and to look for a solution to the problems. The 250 precepts in the Four Divided Vinaya are composed up with 4pārajika(波羅夷), 13saṃghādisesa(僧伽婆尸沙), 30nissaggiyā pacittiya(尼薩耆波逸提), 90pacittiya(波逸提), 4pātidesaniya(波羅提提舍尼), and 100sikkhā karaṇīya(衆學). This paper explains in detail the meaning and problems today of especial some precepts in 250 precepts, and arranges the kinds and characteristics of the disciplinary punishment in the law of the Jogye Order, and then tries to compare them with the traditional precepts in Vinaya Pitaka which may be thought to be correspond with them. As a result, this paper reaches such a point that the disciplinary punishment system of the Jogye Order has many problems. Of course, there might be an argument that It is not right to compare the disciplinary punishment system of the Jogye Order with the buddhist traditional law in Vinaya Pitaka by looking at only one side. Today, when one becomes a buddhist monk in the Jogye Order, it is in accordance with the Four Divided Vinaya that he/she gets the full precepts(具足戒), but we may say that the getting the full precepts by the Four Divided Vinaya is a just symbol, it which one gets really is the spirit of Vinaya. In the point that we should keep a spirit of Vinaya, if necessary, we could legislate new precepts. Because the times and circumstances have changed, and Buddha also said that unimportant precepts could be changed. But, although we agree with that fully, in the case of when we legislate new precepts and systems, we must examine it closely that they are corresponding with the fundamental spirit of buddhism, or not. This paper has tried to consider and compare with the law of the Jogye Order and Vinaya Pitaka, but there are many precepts which could not be compared directly due to the problem induced from the changes of the times and circumstances. There are such cases that, although they are gross sins in Vinaya Pitaka, in the law of the Jogye Order, they are perceived as being not important. In such cases, by considering the true meaning of Vinaya, we need to readjust the law. Especially, in such cases of important punishment rules as the excommunication of a monk(滅擯), the blotting a name(除籍), and the suspension of monk's right over 5years, we need to consider fully that the rules are corresponding with the fundamental spirit of buddhism, or not. The punishment rule system of the Jogye Order has some relation with the spirit of Vinaya Pitaka. As we see, many different precepts as like pārajika, saṃghādisesa, nissaggiyā pacittiya, pacittiya, pātidesaniya, etc appear in the law of the Jogye Order, mixed disorderedly, and added clauses as like administrative procedures and ownership induced from the changing of society, the requisite rules for the management to a monastic order. Because the rules on the excommunication of a monk and ownership have many problems which run counter to the spirit of Vinaya Pitaka, we need to consider and readjust them carefully. From this consideration, this paper points several problems as below. In the first, the rule on the excommunication of a monk goes against the spirit of Vinaya Ptaka. In the second, we need to readjust the law of the Jogye Order in which the spirit of buddhism does not come out clearly due to the disorder of a relative importance to the punishment. In the third, the rules relation to the blotting a name by one's authority(職權除籍) ignores the rules of Vinaya Pitaka. In the last, the rules on the formation of member of the Board of Adjudication(護戒院) are problematic.