『高麗史』 刑法志 職制 편목의 분석과 고려전기의 ‘判’

This paper examined the establishment of individual penal law, which is collected in the ‘Criminal law Section(刑法志)’ of Goryeosa(高麗史). In Goreyo(高麗), After the basic law was established in the ruling time of king seongjong(成宗), the new law was legislated by the ‘royal command(王命)’ to be adjusted to the social changes effectively. There are various kinds of royal commands such as ‘Pan(判)’, ‘Je(制)’ and ‘Gyo(敎)’. Among them, many Pans are collected in the book as royal commands. However, ‘Pan’ has specifics that are much similar to the articles of the law, and is not collected in the sega(世家) of Goryeosa(高麗史) and Goryeosajeolyo(高麗史節要). Considering these specifics, it is possible that Pans were quoted from different sources from other articles. Eventually, Some of the royal commands were compiled as ‘Pan’, and preserved in ‘Sikmokdogam(拭目都監)’. In the compiling process, the original proposal was often modified and reorganized in the context of the law, added or shortened when necessary.