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文亨鎭(Moon Hyoung Jin) 가천대학교 아시아문화연구소 2006 아시아문화연구 Vol.10 No.-
This thesis deals with the reception of Daemyungyool (大明律: basic code of law of Ming dynasty) and the transition of the reception in Chosun dynasty. The code was interpreted word-for-word because it could not be easily understood without knowledge of Chinese legal terminology even for the learned. This research offers an explanation about the process of interpretation. It also refers to Gyunggukdsejeon(經國大典: code of law of Chosun dynasty) in terms of supplementary and corrective roles to insufficiency and problems of enforcement of the interpreted version of the imported code. The idea of etiquette of Confucianism became the main part of law. There was grade of blood relationship in the family and that of status in the society. The person who violated law in order to show his/her filial piety would be dealt with leniently: while the unfilial criminal would be punished severely. All these show that the ruler on that time tried to utilize the idea of ethics of Confucianism to govern people. In order to remedy the cruelty of law: for the elders, children, women, and disabled people, parading "external Confucianism and internal law", a policy of benevolent was applied. the patriarch (of a family or tribe) had lots of rights, while as to the inferiors and children, their duties were stressed but their rights were ignored. There was a phenomenon of "respected official but inferior common people" in carrying out law. When "the Law of Ming Dynasty" was spread to Chosun, there was a huge shaking not only in religion and custom, but also in ideology etc. This paper places in depth emphasis on Chosun s own social structure, value system and practices by dealing with the articles of Gyunggukdeejeon (經國大典: code of law of Chosun dynasty) that were locally applied or newly created to the society of Chosun. This thesis contributes to examine social aspects of early Chosun dynasty to the extent offering inherent phenomena to the society after inventing new norms of rule through reception of Chinese law culture.
文亨鎭(Hyoung JinMoon) 한국외국어대학교 일본연구소 2004 日本硏究 Vol.23 No.-
This paper aims at exposing the relationship with japan by uncovering the Japanese crime types and punishment in the early Chosun Dynasty. Chosun Dynasty"s neighboring policy with Japan includes the sword and the diplomacy simultaneously. The most prominent example of the military force was Taejong"s subjugation of Daema Island. The number of japanese residing in Chosun has increased with Taejo"s favorable treatment. However, increasing number of envoys and merchants has caused another problems. Both of the military secrecy disclosure and the envoy reception cost have increased whereas increasing smuggling and private trading became a burden on Chosun society. So as Chosun conceived different methods to restrict the illegal traders. Among restriction policies, the identification paper and the seal made japanese being involved in illegal. The number of forged seal has increased as admission into Chosun was given to the people who hold the identification seal. Also, decrease in public trading has caused increase in smuggling and private trading. And, Chosun restricted the period of sojourn according to the sizes of ship and trading because japanese merchants long-stay caused costs for Chosun. Accordingly, the number of illegal long-stayers has increased.