茶山 丁若鏞의 法思想 = Legal concepts of Yak-young Chong

다국어 초록 (Multilingual Abstract)

It is the purpose of this study to present, in a systematized form, the legal thesis of Yak Yong Chong (□□□1792-1836), better known by his pen-name, Ta-san (□□), a bureaucratic confucion aucratic confucion scholar 3t the time when the feudalistic society of the Yi dynasty (1392 ~1910) was' in the process of declining, Yak Yong Chong proposed to reform feudalistic state in which he lives through the stabilization of the people's life-the majority ot whom were peasants-for which he advocated a reorganization and reformation of society which was then in an extremly exbaustes state, due to judiciary disorders, political and economic corruption, and a intense fectionmalism politics under such circumstances, his studies concentrates and developed chiefly around national policies.
(1)
His Iife may be conveniently devided as he live in the later half of the eighteeth century through the first of the nine-teenth. In his childhood, prior to 1776, the year he moved to seoul-the natianal center of politics and culture-he receives his education under the traditianal Confucion ideals and studied korean-Chinese literate (Han mun hak □□□). But after 1776, he became affected by the teachings and theories of yik Yi □□ (l681- 1763) of the realistic politic-economic school of trcadition learning. His career as an official at the count of the Yi dynasty. Began in 1784 when he gave lectures on the chung yong□□ (Doctrine of the mean) to the king, Chong-cho □□ who reingned from 1776 to 1800. At this time he came to accept Catholicism which he learned about through his intimate friend, pyok yi □□(1754-1786), and technology which was then being introduced into korea via ching china.
(2)
The land survey was urged in order to calculate a standard of taxes, which was often corrupt in pre-modern korea.
He thcrefore attempted to clean up such dishonesty by administering the land survey fairly. As all the feudalistic states
Concentrated their efforts on land-rent management, as the korea scholars of economic history has already pointes out in general; an aways to prevent an increase of tax-evading lands(tlal-se chion, □□□). The problem of preyenting tax-evading lands was most import task facing the tax administration of any reudalistic state.
His treaties on the land system to be thus administered is well summarized in this article, “on land” (□□) which is about land distribution and management under the lutien (□□) system.
Criticizing and disapproving of the land system of the past, se suggestes the adoption of the sutien system from the successive land systems of china, as the one which put emphasis on the management of laber power for the cultivation of fields.
Acording to the lutien system, the land is distributes directly to those who actually till the field : they cultivate it together under the direction of village head (of some twenty-five families) colled to-chang (□□) or chon ryong (□□) ; and all the corps were to be distributes to the farmers (tho had cultivates the land together) in proportion to the days they actually worked, except that corp taxes were payable to the government and remuneration in kind paid to the head. Be recommended this system as the best method, and he hopes to see an increase in the wealth of both the state and the people by adopting it because he thought it would ensure maximum labor power on the land and would maintain the greatest efficiency of production. The system, he said, would alsc solve by itself the diversityh of land administration and might reorganize the complicates land naturally, if it be put into practice. Therfore, he wanted to end the criminal affairs, also he adopted the theory of ancient criminal Heum-hyeng(□□)
Heum hyeng is not the best way to end social effairs. The only way of this unsolved social affairs is the practice of the lutien system. It is his wonderful economic legal history.
(3)
yak-yong cheong integrated the catholic approach as a European methology with the Confucian idea of democracy (minpon : □□□□) when he was synthesizing the Confucian ideal of the politics established in early choson and a series of realistic discourses on the national finance developed thereby. Because he had tried to reformthe collapsing, feudalistic system of the Yi dynasty with the minpon thought thus integrated, he come to see it more exactly and to criticize its contradictions and irrationalties, from which his prediction of the coming of the peasant’s rebellion was made. The reorganization and reform of the state organ and all other institutions of the country, the strict supervision of administration, and the improvement of administrative thechniques by the exoeriences and adjustment of the accounts and docouments, were all advocated by him, solely to eliminate the corrupt officials who were the cause for the rebellion. He stood by the Confucian ideal in his attempts to control-their corruption and emphasized the ethical element in such controls and the idea of economic savings which were based on this’idea.

목차 (Table of Contents)

• 目次
• 第一章 序論 = 3
• 第一項 丁茶山의 生涯 = 3
• 第二項 茶山學의 地位 = 10
• 第三項 本論文의 課題와 方法 = 16
• 第二章 李朝后期의 實學思想 = 19
• 第一項 實學思想의 槪要 = 19
• 第二項 丁茶山의 集大成 = 24
• 第三項 實學思想의 現代的 意義 = 28
• 第三章 李朝法思想 = 33
• 第一項 東西 法思想의 比較 = 33
• 第二項 茶山以前의 法政家 = 40
• 第三項 李朝法의 構造와 性格 = 43
• 第四項 李朝法의 現代的 展開 = 50
• 第四章 茶山의 法思想 = 51
• 第一項 茶山의 朝鮮現實 理解 = 51
• 第二項 中世脫皮의 合理主義 = 56
• 第三項 茶山의 欽刑思想 = 62
• 第四項 人道的 法思想의 結論으로서의 田論 = 71
• 第五章 結論 = 75
• 第一項 民族, 民主, 平等 思想 = 75
• 第二項 社會法의 先歐 = 78
• 參考文獻 = 81
• 英文抄譯 = 84