징벌갈마 절차에서 自白의 意義 - 기독교 종교재판 및 형사법 절차와 비교를 통하여 -

The purpose of this paper is to examine discipline kamma (羯磨), which isprimarily a tool for controlling the Saṃgha but which is more specifically avoluntarily repentance practice aimed at promoting the harmonization andpurification of the community. Since the Samgha has its own purpose separatefrom that of secular society, it necessarily needs certain rules by which offendersof community order are disciplined. Discipline kamma is performed when monkshave not yet engaged in grievous misbehavior but appear prone to such acts inthe future. Achieving the principal aim of the Buddhist Samgha depends uponpurified harmonization of the community through practice of free-will of individualmembers. There is a contradiction between forcible regulation on one hand, andself-regulation of practice that is an essential feature of harmonization on theother. The characteristic of discipline kamma superficially seems forced or coercedbut substantially harmonizes the individual’s autonomy through its carefullydetailed regulations. Confession in discipline kamma procedure is a foundation forestablishing facts and reconciling them with the situation at hand in order toharmonize individual and community. This aspect assumes an entirely differentattitude from that aspect of secular law based on disbelief of political powerwhich is Skepticism on the part of the state. The significance of discipline kammain Buddhism is its intent to lead to a peaceful community not through thecontrolling of political power of a nation or state, but through individualspontaneity via shifting of spirituality. The attitude toward confession in the disciplinary procedures of the BuddhistSamgha is well disposed toward humanitarianism when compared to currentcriminal law and the Inquisition of Christianity. Confession in the Inquisition ofChristianity is not regarded as an independent act based upon autonomousmotives. Rather it is regarded as a kind of cleansing of the doctrinally aberrant(who was likely to ‘confess’ factual errors under duress), and historically speakingwas performed when the confessant is unable to bear any longer the torture orinquisitorial situation in which the individual subject is placed to bend to theinquisitor’s will. As a result the system of discipline kamma in Buddhism is revealed to bedifferent in its attitude toward secular life than that of Christianity. In BuddhismVinaya, when compared to Sutra, lacks logical consistency despite its long historyand regional diversity. For instance, each school developed differently as theydetailed rules based on their own circumstances and situations even as they allshared a fundamental spirituality and goal of a harmonized community. Disciplinekamma entails empathetic confession procedures and fact-finding and, thus, is anexemplary practice for the ideal paradigm in which violators are more likely toearnestly repent, eventually leading to a harmonized Buddhist community for allinvolved.