『고려사』 형법지 간비조를 통해 본 간통법의 정착과정- 관습법에서 율령으로 -

The articles of ganbi in the Criminal cod of the Goryeosa is a article that reflects the Confucian order that strengthens the paternal lineage and establishes a clan rules. Goryeo was a society with strong conventional traditions - ceremonial occasions were not important, and the daeuhon customs of intermarriage, marriage by one’s wife’s side - were strong. In particular, the boundaries of adultery were unclear in the daeuhon practice. The articles of ganbi consisted of four articles that do not know when to enact the law and five chronological articles. An unedited article is was a law and a high-ranking legal text. A chronological article is a legal article that supplements a chronological article by decree. Among the nine articles, Article 6 corresponds to family order. The scope of Goryeo’s marriage regulations was intended to be defined as 6th-degree relatives according to the laws of the Tang Dynasty. but it had little effect. This is because intermarriage was common at that time. Therefore, Goryeo introduced a plan to bring about an appropriate harmony between customary law and Ritsuryo law. That is, first, the law of imprisonment. This law prevents children born between 4th-degree relatives and 6th-degree relatives from entering government posts. The second was the use of the collective punishment system. In addition, unlike Song, the state directly intervened in the family problem caused by adultery. This was also aimed at preventing families from being easily dismantled due to weak patriarchal rights in Goryeo. The new literati-officials, who accepted the Neo-Confucianism of the late Goryeo Dynasty, saw the contradiction of society at that time as a relaxation of the law and began to improve the law in earnest. Therefore, the imprisonment disappeared and began to impose direct restrictions on those who actually broke the marriage regulations. And during this period, regulations on maternal relatives were also included. Furthermore, those who remarried or married the same-sex marriage were prohibited from receiving land and imposed economic sanctions.