17~18세기 추국청의 혹형(압슬형(壓膝刑), 낙형(烙刑)) 시행 추이

Abstract

This study deals with the implementation procedure and temporal progress of Apseul-hyung(壓膝刑) and Nak-hyung(烙刑), severe punishments carried out by the Joseon government in the 17th and 18th centuries Apseul-hyung and Nak-hyung were unique punishments that were enforced without legal stipulations in Joseon.BR The severe punishment was a compromise of Joseon’s Confucian ideology and practical necessity. Joseon adopted a confession-centered principle that a sentence should be executed after obtaining a confession from the accused. Severe penalties were used as a means to eliciting confession (in criminal cases). The government reorganized its punishment system to a certain limited extent to prevent side effects.BR The abolition of King Yeongjo’s severe punishment does not signify “the king’s compassionate decision to resolve evil practices at once,” but rather “formalization of the abolition of progressively disappearing practices.” Already in the 17th century, the infliction of Apseul-hyung and Nakhyung had been decreasing. Nevertheless, King Yeongjo was aware of their functional advantages and intended to make use of them in the execution of punishment. King Yeongjosought to establish the image of a Confucian monarch by means of the abolition of severe tortures during his reign, but at the same time utilized them to eliminate opponents that threatened his power.