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법서의 출판과 보급으로 본 조선사회의 법적 성격
An Essay on the Legal Aspects of Chosun Society by Publications and Spread of Legal Books

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Authors
정긍식
Issue Date
2007
Publisher
서울대학교 법학연구소
Citation
법학, Vol.48 No4 pp.88-123
Keywords
법서의 출판법문화법전편찬인쇄기술법서의 보급고사촬요publication of Legal booksspread of Legal booksLegal cultureart of printingGosachwalyo
Abstract
In this article, I analyze legal aspects of traditional Korean Society by
publications and spread of legal books. In Chosun Dynasty (1392∼1910), Codes
and legal books were published and spreaded continuously from Taemyunglyulchikhae
[大明律直解] (1395) to the Penal Code of the Imperial Korea [刑法大全] (1905).
These facts were possible owing to social atmosphere. So Chosun Society is
estimated as the society of ‘rule of law’.
In the former Chosun Dynasty, features of publications and spread of legal
books are as follows: compilations of fundamental codes as like Kyungkuktaechun
[經國大典], importations and uses of Chinese legal books as like Taemyunglyul
and Muwonrok [無寃錄], publishings of private legal books as like Sasongyuchwi
[詞訟類聚]. In the latter Chosun Dynasty, they are as follows: compilations of
total codes in which the former codes and regulations were collected as like
Soktaechun [續大典], compilations of legal cases and precedents as like Chukwanchi
[秋官志], in King Kochong [高宗], diverse compilations of laws and cases as like
Taechunhoetong [大典會通] and Yukchunchorye [六典條例] to restore the governmental
systems.
To know spread of legal books, I survey Gosachwalyo [故事撮要] and the
book-lists of Kyuchangkag [奎章閣]. As the results, totally it was very low, but
the importance of legal books was higher in the former Chosun Dynasty than
the latter relatively. In the latter, Kings were emphasized in codifications, and
Yuneum [綸音] which was Kings’ decrees was promulgated in a large. Especially,
the King Yung-Chungcho [英正祖]’s those were over half in the total period.
* Associate Professor, College of Law, Seoul National University
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10192
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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