조선 후기 중국 법서의 수용과 활용

In this paper, I examined the acceptance and use of Chinese legal books in the late Joseon Dynasty by dividing it into public and private sectors. The Chinese laws used were Hanlü[漢律], Tanglüshuyi[唐律疏議], Tangliudian[唐六典], Daminglü[大明律] and Qinglü[淸律], all of which have been handed down in law books except Hanlü. Hanlü, Daminglü, and Daqinglü were used in the public domain. Hanlü was cited as a historical basis for the revision of the legal systems. In addition, the introduction of Hanlü's “Dabujing[大不敬]” was discussed as a means to strengthen the authority of the king and the royal family. This was an attempt to create a separate concept from 'Bujing', one of Daminglü's Shi'e[十惡], but it was only a political discussion. In the late Joseon Dynasty, Daminglüfuli[大明律附例], published in 1585 by integrating articles and cases, was commonly used. First of all, this was recognized as an example of compilation of the code in Joseon. Ninety-three cases of Daminglüfuli were cited in the Sugyodeungrok[受敎謄錄: the Consolidation of Decrees], which compiled Decrees of the Ministry of Justice[刑曹受敎] in the late Joseon Dynasty, and eight in private legal books. In addition, it was usefully used to distinguish between crimes corresponding to the Daishi[待時] and Budaishi[不待時] of the death penalty, which was not in Daminglü, and was used as a direct basis for punishment of other new crimes. Qinglü was used to punish crimes not in Daminglü. In addition, Daqinglü's editing method, which organized articles based on punishment, directly influenced the compilation of Jeungbomunheonbigo[增補文獻備考: Enlarged and Revisited Compilation of Documents on Korea]. Chinese laws such as Han-Empire & Tang-Empire were used to find the origin of the system out of personal interests. In particular, encyclopedic editors used Tanglüshuyi and Tangliudian a lot. Although the re-citation of Chinese books is a limitation, it can be evaluated as a reflection of the spirit of positivism at the time. Except for Jeong Yak-yong[丁若鏞, 1762-1836], who wrote the Heumheum-Shinseo[欽欽新書: New Book for Careful Criminal Trials], there was no interest in the Qinglü, which is due to the nature of the Qinglü who receipted the Daminglü. In the early Joseon period, various Chinese law books were used in addition to Daminglü to understand Daminglü and to establish criminal legislation suitable for Joseon society. However, in the late Joseon Dynasty, when Daminglü's status was established, diversity was weak in the public domain. In the private realm, there is a limit to re-cite, but the diversity that paid attention to Han-Empire & Tang-Empire's law can be found.