17-18세기의 한일간 법률사건고

Abstract

This paper reviews the Korean-Japanese relations during the 17, 18 Centuries from the viewpoints of law. It aims to find out the traditional international law and the East Asian Common Law(Ostasiatisches Ius Commune). Leaving the background story as a task of the diplomatic history, this writer primarily concentrates on the legal argumentations and the solutions of the occurred issues. The topics are analyzed as following according to the historical sequences.

Ⅰ. The Punishment of the Criminals who destroyed the Royal Tombs(1606) As a prerequisite of the reconciliation with the Tokugawa government, the Choson government required the sending of the criminals who destroyed the royal tombs during the Japanese Invasions in 1592 and in 1597. Two sent crimininals from the Zushima island in 1606 were found out that they were not the real destroyers of the tombs. Nevertheless, after a court discussion at the royal court, they were executed to the death penalty.

Ⅱ. Forgery of Diplomatic Documents(1620) During 1607-1635, the Korean royal documents to Tokugawa Shogun were forged ten times by the Zushima politicians. These intrigues were resorted to the Shogunal court decision. The engaged officials were punished by the Shogun, not severely but nominally. After this event, the monks in Kyoto were sent to keep watch on the royal documents.

Ⅲ. Disputes on Dokto Island and the Role of Yongbok Ahn(1693) Yongbok Ahn was kidnapped in 1693 to Japan during his fight against the Japanese fishermen around the Dokto island. He argued in Japan that the Dokto island belongs to the Korean territory. He was released back to Korea after an half year custudy, and Japan tried to occupy the Island in vein.

Ⅳ. Punishments of the Adultress in the Japanese Legation(1690-1708) At the Japanese Legation in Pusan, there were two sensational events of adulteries between Japanese men and Korean women in 1690 and in 1708. The Confucian-puritanistic Choson government punished the adultress by beheading to death, but failed to arrest the Japanese 'criminals'. These events show interestingly how different the Korean and Japanese views were on adultery and moral and legal responsibilities.

Ⅴ. Disputes on Weights and Measures(1709) By the appeal of Korean officials in 1709, the Japanese diplomat Amenomori Hoshu(1668-1755) investigated the Korean weights and measures and compared with the Japanese ones. By such a rational investigation and research, the disputes on the rice importation became clarified by a reasonable understanding.

Ⅵ. Assassination of Envy Chunjong Choi(1763) On the way from Edo, in Osaka, a member of the Korean envoy Chunjong Choi was assassinated secretly. The envoy protested severely to detect the criminal. The criminal was arrested by the Bakufu policemen and executed to death. Some Kabuki musicals were produced from this detective story. Conclusion This research indicates the possible rationality in the process of the above-mentioned six legal disputes. Even though there was no international law in the modern Western sense, the traditional Korean and Japanese governments tried to find the rational wisdom for both sovereign states. This writer wishes to develope this concept of East Asian Common Law and jurisprudence by the further researches.