고려시대의 杖流刑과 黥配刑

Abstract

In Goryeo dynasty, the penal system was based on Five Punishment(五刑) by accepting Tang Dynastys system. However, the gap between the death penalty and the exile was considered to be huge. Therefore, other punishments were legislated in order to make up the gap. Janglyu(杖流) and Gyeongbae(?配) were some of those punishments. Janglyu and Gyeongbae were not provided in the Code but imposed by the kings command. Janglyu was the exile together with flogging. It was imposed on the criminals who deserved heavy punishment in particular. It was also alternative for the death penalty when Decree of Amnesty was distributed. Gyeongbae was the exile together with Sapmyeon(鈒面, facial tattoo punishment). It was a very heavy punishment because scarlet letter was accompanied. It was frequently implemented in the 12th century when coups and peoples revolts were largely erupted. From the point of the legal histoiy, Janglyu is considered to have been influenced by Tangs Gyeoljangbaelyu(決杖配流) or Seonkyeoljang(先決杖). Janglyu was used from the beginning of Goryeo since it was also likely to be the tradition in the Late Silla and Goryeo accepted Tangs legal system. And Gyeongbae was conducted by accepting Sung dynastys legal system.