한국에서의 법의 지배 : 조선시대의 권력분립과 법치주의 -그 시론적 고찰-

Abstract

Rule of Law may be defined as the regulation of absolute power or as

governance by objective rule announced in advance. It has been recognised

that until now there was no tradition of rule of law in Korea, but in this

paper I will show the factors of rule of law in the former term of the

Chosun-Dynasty because the doctrine of rule of law is necessary to smooth

the rule of a country.

The new ruling elite who overcame the chaos of the decrepit

Koryo-Dynasty and established the Chosun-Dynasty emphasized rule of law in

order to set up social order. The ruling system of the Chosun-Dynasty was

completed with the perfection of the Kyungkuk-Daechun(great codes established

for the purpose of governing the nation forever) in 1484, and was maintained

till the end of the 19th century.

The central administrative organ consisted of Ryukcho(the six departments)

and its subordinate offices, and the local one was an unitary system which

was made up of the King, Kwanchalsa(or Kamsa; Province Ministry), and

Suryung(District Officials). The King was checked by institution and custom.

First, institution-wise, Uechungpu, the committee of the highest civil officials,

checked the king and Ryukcho. The relations between the king and Uechungpu

were various according to the power of the king. In principle Ryukcho

reported to Uechungpu before the king, and Uechungpu intervened and

rejected Ryukcho's opinions. From late 16th century, Pipyunsa, the committee

of highest civil and military officials, had become the most powerful

institution, and checked the king. The king was also checked by public...