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속대전의 위상에 대한 소고 - "봉사(奉祀) 및 입후(立後)" 조를 대상으로 -
An Essay on an Evaluation of the Soktaechun(續大典) - By Laws about the Succession of the Ancestor Worship -

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Authors
정긍식
Issue Date
2005
Publisher
서울대학교 법학연구소
Citation
법학, Vol.46 No1 pp.312-339
Keywords
경국대전한국근대법사고법의 본질에 대한 인식통일법전국가인 조선
Abstract
In this essay, I pursue the legislative process about the Succession of the
Ancestor Worship in the Soktaechun of which meaning is the follower the
Kyungkuktaechun(經國大典), and evaluate the compilation of the Soktaechun. The
Chosun Dynasty which proclaimed rule of law was editing many codes like the
Kyungcheryukchun(經濟六典), the Kyungkuktaechun, the Soktaechun, the Taechun
-tongpyun(大典通編), Taechunhoetong(大典會通) and so on. The sources of laws were
king's decrees which were called Sugyu(受敎). The codification was put together
and arranged them according to the legal system in the Chosun Dynasty. The
Sugyu before 1475 were arranged in the Kyungkuktaechun promulgated in 1485.
After the Kyungkuktaechun, many Sugyus were enacted and so laws were
complex. And then other codes were edited. Their names were various according
to their contents like Taechun(大典), Sokrock(續錄), Chiprock(輯錄), Tongko(通考) and
so forth. The highest code is Taechun which is the Great Code.
The Soktaechun was the first great code which was the law after the
Kyungkuktaechun. It is evaluated that it was not the great code, the only Sokrock
which is supplementary. This conclusion is derived by analyzing the political
processes that many codes were compiled concerning the Soktaechun. But in this
conclusion, the attribute of law and the significance of codification are missed.
In the Soktaechun, many Sugyus of the Gagsasugyu(各司受敎), Sugyuchiprock(受
敎輯錄) were selected and arranged. The Sugyu in the Gagsasugyu was the
protocol because its contents were very plentiful and the Idu(吏頭) was used. The
Sugyu in the Sugyuchiprock was simple and clear. Editing the Soktaechun, many
Sugyus were revised or deleted according to purposes of the codification. Many
complex Sugyus were unified and codified in the Soktaechun. So the Soktaechun
was the Great Code.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9874
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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