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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서울대학교 법학연구소
법학, Vol.46 No.1, pp. 312-339
경국대전한국근대법사고법의 본질에 대한 인식통일법전국가인 조선
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.
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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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