唐·高麗의 律典에 구현된 立法原則과 예치시스템

Abstract

The myeongryeyul(名例律) in Dangryulsoui( 唐律疏議) that corresponds to the general provisions of the code consists of the regulations on the kind and grade of punishments, the name of sins, the principle for imposition of punishment, and conceptual definition. In this paper, what is remarkable is that Soui( 疏議), dealing with myeongryeyul, takes the manner of ingyeonggyeolog (引經決獄) which uses the quotations from the Confucian texts to account for the legislative basis and its origin, and that most of them are taken from those concerning the concept of courtesy.BR It can be said that these are representative features in that the idea of punishment in the code is based on the concept of courtesy. Moreover, among the citations of Confucian in the Soui, iljunholye(一准乎禮), ‘yejuhyeobo(禮主刑輔)’and ‘deojuhyeobo(德主刑輔)’ are stated as legislative principle that runs through the entire Dangryulsoui. In addition, a reign under the courtesy based on it is expressed as the realization of myeongdeogsinbeol (明德愼罰), yuhyeongsihyul(惟刑是恤), and, the system of courtesy based governing is codified which is greatly divided into feudal order and social status order, which are at the center of the system of courtesy in the Confucian texts dealing with the origin of legislation of each yulmun legislation and constituent of criminal law.BR As shown from myeongryeyul included in Criminal Code in Goryeosa( 高麗史), though there are principles of punishment, they are less than those of Dangryulsou in terms of the number. Thus, it would be impossible to derive contents of ingyeonggyeolog from it. As reviewed in this study, however, it is also true that the principles of punishment are quite similar to those of myeongryeyul of Dangryulsoui on a bigger scale of the legislation.