『書經』 贖刑論에 대한 丁若鏞과 沈大允의 다원적 이해

Abstract

This article aims to review the concept of ‘Sokhyung(贖刑)’ as an example of a pluralistic interpretation of ‘Heumhul(欽恤)’ in The Book of Documents in the 18th and 19th centuries, and compared and reviewed the interpretation of The Book of Documents by Jeong Yak-yong(丁若鏞) and Shim Dae-yoon(沈大允). Sokhyung is to replace the original sentence by paying property after the sentence is confirmed. It is a specific application example of Heumhul, which means careful and lenient application of punishment. In The Book of Documents, the discussion related to Sokhyung is presented in Chapter 11 of Soonjeon(舜典) and Yeohyung(呂刑). Seojipjeon(書集傳) written by Chae Chim(蔡沈) became the standard for interpreting Sokhyung, and he opposed Sokhyung because it was not fair. At this time, Sokhyung has the meaning of ‘commutation’, and in this respect, Sokhyung takes on the character of Heumhul in that it is a lenient application of the law. Scholars of the Joseon Dynasty generally tended to follow the views of Chae Chim, but a new interpretation trend emerged in the 18th and 19th centuries. Jeong Yak-yong was in favor of the system of Sokhyung on the grounds that the body was preserved by carrying out Sokhyung. At this time, Sokhyung has a meaning of Heumhul in that it is a method of carefully applying punishment and plays a role in realizing the Virtue that likes to save lives(好生之德). Shim Dae-yoon opposed the system of Sokhyung, but did not fully agree with Chae Chim's view. He argued that Sokhyung has the character of applying the law leniently and plays a role of promising that the punishment will disappear(刑期無刑), but criticized the system of Sokhyung in that it interferes with the discretionary application of the law(權衡).