준 이론적 건조 모델을 사용하여 슬러리 상 피 건조물의 건조 특성 분석에 대한 연구

심재우(Jae Woo Sim),오상현(Sang Hyun Oh),김성일(Sung Il Kim),박기호(Ki Ho Park) 대한기계학회 2021 대한기계학회 춘추학술대회 Vol.2021 No.5

역사 속의 박문수와 암행어사로의 형상화

심재우(Sim Jae-woo) 역사실학회 2010 역사와실학 Vol.41 No.-

Examined in this article is how Park Mun Su, a governmental official from the reign of king Yeongjo, became a legendary secret inspector and also a renowned figure, who is well remembered and honored even today. His service as a secret inspector was not that long, and in fact it was only for a few months. So, why did he, among all the countless secret inspectors who were dispatched to local areas by the Joseon government, became a representative model of such figures, is the main focus of attention in this article. In order to initiate the task, first the life of Park Mun Su and his service in the Joseon government are examined. Also, the government's evaluation of Park's service, the images of Park portrayed in various tales and stories, and the Koreans' perception of Park Mun Su in the modern period of Korea as portrayed in 『Park Mun Su-jeon(朴文秀傳)』, a novel authored during the Japanese occupation period, are all examined. As a result, it is determined that there were indeed some differences among people's evaluation and perception of Park Mun Su, according to their classes and their time periods. It seems that Park Mun Su was a person with a strong will and character, and always wanted to serve the public. In that regard he was a very attractive figure, and was very much trusted by king Yeongjo. Yet at the same time, he was not so much of an academician, and he also had a short temper. The image of Park, and the real Park, was indeed different in more than a few ways. In short, we can say that a somewhat exaggerated image of Park Mun Su was introduced to the general public in the 20th century. And the aforementioned novel『Park Mun Su-jeon』 which was published during the Japanese occupation period, and other biographies of him that were released in the 1970s and 1980s, only solidified such image. He became a staple figure in the history of the government's secret inspectors, and also an outstanding heroic figure who served the Korean country well. And such transformation in the public's perception of him, had very much to do with the social condition and atmosphere of the 20th century Korea as well.

조선후기 訓鍊都監 軍法의 특징과 梟示刑의 집행 양상

심재우(Sim, Jae-Woo) 국방부 군사편찬연구소 2016 군사 Vol.- No.101

What I examined in this article are the contents and nature of the Military Law observed and implemented by the Hun’ryeon Dogam office, in order to have a better understanding of how the office itself, which was the most characteristic Joseon military installation established in the second half of the Joseon dynasty period, having been operated. And to do that, this article attempted a more detailed look into Hun’guk Deung’rok, which was a compilation of operational documents generated by this office but for some reasons was not previously analyzed that much carefully. Also, certain relevant cases are presented here in this article. The general structure of the Joseon period Military Law reveals that the most prominent forms of punishment were either by decapitating one’s head and hanging it up(梟示刑), or flogging(棍杖刑). It was especially so in the latter half period, as dictated by military regulations. In the dynasty’s early half, the flogging stick(棍杖) was yet to be devised, and decapitation was not followed by hanging the person’s severed head up. But after the 1590s’ war with the Japanese, new practices were employed, hence the practice of ‘hanging the decapitated head,’ or ‘flogging a person.’ Examined next are military regulations observed inside Hun’ryeon Dogam, through punishments meant for deserters and rules used for capital execution. In case of deserters, first time offender was simply flogged, but multiple offenses were punished by decapitation, followed by the practice of hanging the head up, so we can see desertion was never tolerated. Instruction that were to be kept in mind, in case of using the flogging stick, was also carefully drafted so that the officers would refrain from using excessive force in implementing the flogging practice. To be examined lastly were the actual examples of decapitating someone and hanging the severed head up. Cases could be categorized into three groups: punishment of a soldier or officer who murdered a colleague or breached military discipline, punishment of a deserter, and punishment of the riot leaders who staged an insurrection in the Mushin/戊申 year. Murdering a colleague or staging an insurrection were met with the most deadliest punishments. On the other hand, during the reigns of kings Sukjong or Yeongjo, when the war was long past and peace was being maintained, deserters were treated with mild punishments comparatively other than decapitation with their heads to be hung up. In other words, they were flogged instead. We can see that the authorities were trying to implement law, not so strictly to the letter but rather flexibly according to circumstances.

조선시대의 법과 여성의 몸

심재우(Sim, Jae-Woo) 역사실학회 2013 역사와실학 Vol.51 No.-

Regarding the lives of the Joseon females, many studies and researches have already been announced. Comprehensive studies of the females’ status, living conditions, inheritance of property, wedding fashions, discrimination of females inside the family, motifs of conflicts portrayed in literature, have all been published. Results of these studies reveal that the women of the Joseon society led a life that was more complicated than previously believed. Because of the constraints of the social class system, and also because of the Neo-Confucian morality, the scope of their lives was narrow. Their activities were controlled and restrained against their own will, not only socially but also institutionally. Recently, historical studies of the females, which began to feature a new trend of examining female-related crimes documented in law codes or legal documents, have expanded to the extent of covering several issues that include the reality of female discrimination, the gender-based roles of the females, and also how political power exhibited itself within the issue of fidelity. All these researches are trying to determine the contents and nature of the lives of females who were discriminated and neglected by their own family members including their husbands, in late Joseon dynasty. I examined all the special laws concerning the females and the penal law, and also how the female criminals were regarded. The previous belief that the overall image of the females were negative, should be modified accordingly. In this article, the females’ fashion of existence inside a legal environment and a Confucian penal system, was examined through special legal regulations concerning females. Our view of the females in the past have to be rectified. Confucianism had been criticized by Feminism. Through this analysis, whether or not bridges could be built between Confucianism and women was contemplated.

특집 : 다산 정약용과 『흠흠신서』 ; 조선 후기 판례집,사례집의 유형과 『흠흠신서』의 자료 가치

심재우 ( Jae Woo Sim ) 다산학술문화재단 2012 다산학 Vol.- No.20

『흠흠신서』 연구의 현황과 관련 필사본의 유형

심재우(Sim, Jae-woo) 연세대학교 강진다산실학연구원 2019 다산과현대 Vol.12 No.-

본고는 『흠흠신서』 연구의 현황을 살펴보고, 현존 여러 기관에 소장된 『흠흠신서』와 관련한 필사본 자료들의 내용을 분석한 글이다. 『흠흠신서』는 경전과 역사책에서 뽑은 유교적 재판 규범의 핵심을 담은 〈경사요의(經史要義)〉편, 중국 관리들의 우수한 살인사건 관련 기록인 〈비상전초(批詳雋抄)〉편, 중국 청나라의 사건 판례를 모은 〈의율차례(擬律差例)〉편, 정조대에 일어났던 사건 판례를 담은 〈상형추의祥刑追議)〉편, 다산이 직접 작성한 사건 기록만 모은 〈전발무사(剪跋蕪詞)〉 편 등 모두 5편 30권으로 구성되어 있다. 지금까지 『흠흠신서』에 관해 진행된 연구를 살펴보면 책의 편찬과정, 구성과 내용, 수록 판례에 대한 분석, 다산의 형법사상의 특징에 이르기까지 관련 연구들이 진행되었지만, 『흠흠신서』에 수록된 중국 판례의 출처, 정확한 편찬 연대와 편찬 과정 등 기초 연구가 여전히 미진한 실정이다. 이는 『흠흠신서』 편찬 과정에서 만들어진 현존하는 여러 필사본(筆寫本) 자료를 면밀히 검토해야 할 필요성을 제기한다. 본고는 관련 필사본 자료를 크게 두 가지 유형으로 나누어 살펴보았다. 첫째, 『흠흠신서』의 편찬 과정에서 만들어진 것으로 추정되는 판례집이다. 이들 자료로는 『사안(私案)』, 『흠형전서(欽刑典書)』, 『명청록(明淸錄)』, 『흠전(欽典)』 등이다. 둘째, 다산이 『흠흠신서』를 편찬한 이후 책이 학자들 사이에서 활용되고 유통되던 상황을 추론할 수 있는 판례집이다. 이들 자료로는 『흠서요개(欽書要槪)』, 『흠서철영(欽書掇英)』, 『흠서박론(欽書駁論)』 등이다. 향후에 필사본 자료들에 대한 보다 면밀한 상호 비교 및 분석이 후속되어야 할 것이다. Examined in this article are past and current studies of Heumheum Shinseo, as well as all handwritten manuscripts related to this book and in custody of various institutes. Heumheum Shinseo features total of five chapters in 30 volumes. “Gyeongsa Yo’eui(經史要義)” is this book’s first chapter, in which essential Confucian legal standards-extracted from Classical texts and History books- that should be observed in trials are listed. “Bisang Jeongcho(批詳雋抄)” is where excellent examples of Chinese officials’ dealings with murder cases are gathered. “Eui’yul Cha’rye(擬律差例)” contains legal cases that occurred inside China during the Qing period, while “Sanghyeong Chu’eui(祥刑追議)” contains cases that took place in Joseon during the reign of King Jeongjo. And “Jeonbal Musa(剪跋蕪詞)” contains legal case records penned by Dasan Jeong Yak-yong himself. So far, studies on Heumheum Shinseo concentrated on how it was compiled, examined its internal composition, analyzed all the legal cases listed inside, and tried to determine the characteristics of Dasan’s thoughts on penal law. Such studies displayed a wide range of interests and diversity in perspectives, but sources from which all those Chinese legal cases were extracted, and exactly when and how the book itself was created, are issues that are yet to be determined and not to mention evaluated. Therefore, certain extant, handwritten manuscripts(筆寫本) that were created in the process of Heumheum Shinseo‘s compilation should also be examined for that effort. In this article, related handwritten manuscripts are categorized into two groups and then preliminarily examined. Manuscripts of the first group are ‘precedence(case) collections’ which we assume to have been created alongside the compilation of Heumheum Shinseo. Sa’an(私案), Heumhyeong Jeonseo(欽刑典書), Myeongcheong-rok(明錄), Heumjeon(欽典) are such examples. Meanwhile, manuscripts of the second group are books which seem to have been consulted and circulated after the publication of Heumheum Shinseo. Heumseo Pyeong’eui(欽書評議), Heumseo Yogae(欽書要槪), Heumseo Cheolyeong(欽書掇英), Heumseo Bakron(欽書駁論) are such examples. All these books and texts should be compared with each other and further examined in the future.

조선후기 소송을 통해 본 법과 사회

심재우(Sim, Jae-woo) 동양사학회 2013 東洋史學硏究 Vol.123 No.-

In this article, the nature and aspects of the Joseon lawsuits are examined in comparison with the Chinese cases. Also examined are the primary perception toward lawsuits in the Joseon society, how the local officials processed the lawsuits(which are described in the lawsuit institution and also the local officials’writings[“Mokmin-seo, 牧民書”]), and the estimated number of actual lawsuits confirmed in a text called 『Minjang Chi’bu-chaek/民狀置簿冊』. Results of the examination shows that in the local communities during the latter half period of Joseon there were frequent filing of lawsuits among people who were determined to protect their rights and properties. This is a phenomenon similar to the one described in Japanese scholar Huma Susumu(夫馬進, Kyoto University)’s “Litigious Society(訴訟社會)” theory, which counteracted the general assumption regarding the Chinese Ming & Qing dynasties and established that both societies witnessed their fair share of lawsuits. We can assume that a previous belief that the traditional Korean society had a culture wanting to stay away from lawsuits was, as it was in the case of Chinese history, either a misunderstanding or preconception. The things said above can be summarized into three points. First, the“Sa/Dae’bu”officials of the Joseon dynasty did not like the notion of lawsuits very much, based upon Confucianism’s general stance of thinking “lawsuits are not desirable(“Mu’song, 無訟”).” Second,in spiteofsuch primary sentiment toward lawsuits, the government continued to refine the process and relevant institutions concerning lawsuits and courts for practical reasons, and as a result lawsuits continued to serve as an effective method for the people to relay their frustrations to the government or bring private conflicts to public courts, in the latter half period of the Joseon dynasty. Third, analysis of the 9 regions mentioned in 『Minjang Chi’bu-chaek』 shows a literal ‘flooding’ of civil “Minjang/民狀” petitions.’We can see thatthe Joseon people never hesitated to fight for their rights, and as a result the local officials were under heavy stress and workload to process all those incoming lawsuits. In short,the fact that the legal system of Joseon was mainly composed of penal regulations designed to control the public does not mean that there were not enough regulations concerning lawsuits and courts, or there was not any legal platform to resolve civil conflicts,or there would have been not that many conflicts and lawsuits among the Joseon people. These preconceptions should all be rectified in the near future.

조선후기 단성 지역 정배인의 존재 양태

심재우(Jae Woo Sim) 일지사 2001 韓國學報 Vol.27 No.1

N/A

조선시대 형벌과 형정 연구의 진전을 위한 모색 - 矢木毅, 『朝鮮朝刑罰制度の硏究』(2019, 朋友書店) 분석을 중심으로-

심재우(Sim Jae-woo) 한국역사연구회 2020 역사와 현실 Vol.- No.118

Attempted in this article is to recap major points featured in Study of Joseon Administration of Punishments (朝鮮朝刑罰制度の硏究』, 2019, 朋友書店), authored by Professor Yagi Takeshi(矢木 毅) of the Kyoto University of Japan, in order to ascertain remaining future tasks for studies of Joseon criminal judicature. This book features three major points of contribution, of which the first is the fact that the author was successful in systematically reconstructing a labyrinth of punishments and warnings implemented by the Joseon government during the Joseon period. Second, it should also be noted that the author tried to define a certain characteristic of Joseon’s penal administration as the principle of strict implementations of punishments. Such definition came from the author’s observation of the emergence of flogging[棍杖刑] and beheading[梟示刑] as military punishment codes, as well as the practice of subjecting not only soldiers but civilians to such punishments. Third, the author also dictated that in Joseon, especially in its later days, legal and judiciary bodies tended to skip regular procedures and instead resorted to swift rulings. The author suggested such opinion after examining all the changes that occurred in retrials for prisoners who had earlier been sentenced to death [再審], or the practice of aiding distressed prisoners in cells[恤囚]. Of course, there are points that are hard for this reviewer to agree. And there is definitely some room for improvement. For example, the author’s observation that Joseon was becoming particularly harsh in its implementation of punishments seems like an overstatement. Yet the fact that the author provided us with such a meticulous examination of aspects of Joseon criminal judicature that have been overlooked for a long time, such as the punishment system for the governmental officials and retrials for condemned prisoners, accompanied with the author’s own unique view on the matter, is what can and should be recommended to readers.

조선시대 능지처사형 집행의 실상과 그특징

심재우 ( Jae Woo Sim ) 한국사회사학회 2011 사회와 역사 Vol.0 No.90

이 본 논문은 능지처참으로 잘 알려진 조선시대 능지처사(Death by a Thousand Cuts) 형벌에 관한 규정, 실제 집행 사례 등을 검토함으로써 중국에서 시행된 능지처사형과 비교사적 고찰을 시도하는 것이 목적이다. 중국 역사 속에서 오랜 세월 지속되었던 능지처사형은 조선왕조 수도 한양에서도 볼 수 있었다. 『조선왕조실록』의 기록에 의하면 1894년 갑오개혁으로 폐지되기 전까지 조선시대 내내 능지처참의 극형이 종종 시행된 사실을 확인할 수 있다. 조선시대에는 명나라의 『대명률(大明律)』을 형법으로 사용하였기 때문에, 중국과 마찬가지로 반역자와 함께 살인을 저지른 패륜아ㆍ흉악범들은 능지처참으로 처단하는 것이 원칙이었다. 그런데 조선에서 능지처사형의 집행 방법은 중국의 경우와는 달리 대개 소나 말이 끄는 수레에 죄인의 팔다리와 목을 매달아 찢어 죽이는 거열(車裂)로 대신했다. 그리고 거열 후 절단된 머리는 효시(梟示)라 하여 3일간 매달아 두었으며, 잘라낸 팔과 다리는 팔도의 각 지역에 돌려보이게 하였다. 한편, 역모에 연루된 죄인을 거열할 때에 국왕은 경각심을 불러일으키기 위해 모든 관리들을 군기시(軍器寺) 앞길에 빙 둘러서게 한 다음 싫든 좋든 거열하는 장면을 보도록 했는데, 세조가 사육신(死六臣)을 비롯한 관련 죄수를 처단할 때 이같이 지시한 것이 그 한 예이다. 조선에서 시행된 능지처사형의 기능과 목적이 중국과 유사한 점이 많지만, 시행방법 등에서는 차이가 존재하였다. 본 논문에서는 동양의 잔혹한 신체절단 형벌의 대명사로 인식되고 있는 능지처사 형벌이 조선에서는 어떻게 시행되었는지 구체적으로 확인함으로써, 한국의 형벌문화가 갖는 특징을 살펴보았다. In this article, the ‘Neungji Cheosa(凌遲處死)’ penalty practice (“Death by a Thousand cuts”) of the Joseon period is examined in terms of regulations and real examples, so that we could compare the nature of such practice with the same penalty that was executed inside China as well. The penalty nicknamed as “Death by a Thousand cuts” had been in use inside China for a long time, and it was also used by the Joseon people especially in the dynasty`s capital. According to the 『Annals of the Joseon Dynasty』, the penalty continued to be exacted throughout the entire Joseon period, and was discontinued only in 1894 when the Gabo-year reforms proceeded. The Joseon people were using the Chinese Ming dynasty`s 『Dae`Myeong-ryul(大明律)』 code as its primary penal code as well, so they used to punish people who committed the most heinous crimes as a human, or perpetrated seriously treasonous actions that would harm the country, with this particular penalty. Yet unlike China, Joseon rather used the method of tearing the person`s body by fixing the person`s neck, arms and legs to carts instructed to race in all directions after they were firmly tied to the person`s body(“車裂”). Then, after the person`sbody was literally torn apart, the head was put on a display for three days, and the person`s severed arms and legs were put on a tour that circulated the local offices throughout the country. And whenever a criminal who was charged with treason was to be executed, the king ordered all governmental officials to stand along the road in front of the Gun`gi-shi(軍器寺) office, and watch the person being torn no matter they would like it or not, in order to arouse the officials` attention to the price they could pay for disloyalty in the future. For example, King Sejo ordered the officials to do so, when he executed the Six honorary officials(死六臣) who had tried to assassinate Sejo and reinstate the late king Danjong. In short, there were many similarities between Joseon`s said penalty and the Chinese one in terms of its objectives and its functions, yet there was also a distinct difference between them as well, especially in the ways they were actually implemented. By having a correct understanding of how the Joseon people exacted such practice, which has been considered as being one of the prime examples of Asia`s most cruel body-tearing penalties, we could examine the unique nature of Korea`s penalties and the culture that was formed around it.