동아시아 법률용어에 끼쳐진 불교 영향 - 十惡⋅陵遲處死⋅契約⋅相續⋅調停을 중심으로

This paper aims to study some probable influences of Buddhism on legal terms of ancient & modern legal system in East Asia through making etymological analysis & tracing historical sources. The subjects of this research are five legal terms, two are related to crime & penalty of ancient criminal law, three are connected with modern civil law received from European continental laws. The former are ‘Ten Evils(十惡)’ & ‘Ling Chi Chu Si(陵遲處死)’. This Korean pronunciation is Lng Ji Cher Sa, and its literal meaning is the slow & steady death penalty by dismembering the prisoner’s body. ‘Ten Evils(十惡)’ are very much flagrant offenses chiefly related to close relatives including parents and King & dynasty, besides they include two inhumane crimes. The latter are adaptations of contraction, succession, and mediation. Naturally these three categories have existed in traditional legal system of ancient East Asia. But Japan have received European continental laws in period of modernization and have selected many translations of legal terms in East Asian Classics & Tripitaka Koreana i.e. classical Chinese translation of Buddhist Scriptures[Sutras]. It is very interesting that Modern Chinese legal system have chosen different expression of words. Finally, the author hopes that this paper become a small kindling of fire, so that the competent may accomplish further more broad & deep study, esp. with using Japanese relevant literatures & documentary records on this subject