조선초기 감옥 제도의 정비와 그 운영

박진훈 연세사학연구회 2022 學林 Vol.50 No.-

This paper examines the types, systems, functions, and roles of prisons in the early Joseon Dynasty. In particular, it analyzes the function and role of prison, focusing on the reasons why peoples were imprisoned in the prison during the Joseon Dynasty. In its early days, the Joseon Dynasty installed the Hyongjo(刑曹) Jeonok(典獄) and the Uigeumbu(義禁府) prison in Seoul, as well as the Gun-hyeon(郡·縣) prisons in local areas. However, in the beginning of the dynasty, prisons were not established in all local administrative districts. It seems to have been installed nationwide only after the 14th year of King Sejong when he ordered to install prisons in all counties and cities across the country. The prison had several cells. The Uigeumbu prison had 32 cells, and the Hyongjo Jeonok had 9 cells. The size and the number of prison cells in the local administrative districts seem to have been decided in proportion to the status and the population of the county or city. The prison had been set up in the southeast corner of administration building. The prison segregated the felony and the light prisoners as well as men and women prisoners. However, until the time of King Sejong, men and women could not be imprisoned separately in some provinces and districts, However, according to the Neo-Confucian rationale, this seems to have improved rapidly. The ratio of male to female prison cells was 2:1, which seems to have been decided in accordance with the male to female ratio of criminals at the time. The prisons were very filthy, wet, narrow and crowded. As a result, many prisoners fell ill and died. They were vulnerable to infectious diseases as well as to cold and heat. Accordingly, King Sejong tried to improve the facilities and environment of the prisons, expanding the cell size and equipping the heating and cooling systems. However, the officials did not feel much importance to the prison. The ordinary people were also negative about the expansion of the prison. Therefore, the improvements in prison facilities and environments were fairly limited. The measures to improve the sanitation of the prisoners and to protect them from the heat and cold were taken just individually and temporarily. In the early Joseon Dynasty, prisons were used to hold unconvicted prisoners on trial. If their crime was not proven, they were to be imprisoned until they were vindicated. Even after being convicted, some prisoners had to stay in the cell in order to clarify the crime facts more;even if the crime was clarified, the prisoner was imprisoned until the administrative processing was completed. The imprisonment period was not settled and, in severe cases, prisoners were imprisoned for several years. Those who were involved in or participated in the crime were also imprisoned. Those involved were imprisoned to obtain evidence or testimony. If a criminal had fled, his/her relatives such as parents, brothers, children, father-in-law or mother-in-law were imprisoned in order to find out the offender’s location, to force him/her to surrender, or to punish them instead of the criminal. Prisons were also the place where the death row inmates were held in custody until execution. If an official committed a wrongdoing which was not serious enough to cause a penalty of five sentences, he/she was temporarily imprisoned for discipline. The imprisonment period was from 3~5 days to 20 days, depending on the degree of wrongdoing and the status or status of the person who committed the wrongdoing. In cases where a lesser offense was committed, the offender’s Nobi(奴婢) used to be imprisoned instead. The imprisoned slaves were sometimes flogged out. Imprisonment of offender’s Nobi was an aspect of law enforcement that reflected the principle of the class system. 이 글은 조선초기에 설치된 감옥의 종류와 체계 및 기능과 역할에 대해 살펴본 글이다. 특히 조선시대의 수인(囚人)이 감옥에 수감된 이유에 주안점을 두고 감옥의 기능과 역할을 분석하였다. 조선초기에는 중앙의 형조 전옥과 의금부 감옥, 지방 군현의 감옥이 설치되었다. 하지만 건국 초부터 모든 지방 행정구역에 감옥이 설치되지는 못하였다. 전국의 군현 모두에 감옥을 설치하라는 세종 14년의 조치 이후 전국적으로 설치된 것으로 보인다. 감옥에는 여러 감방이 있었다. 의금부 감옥은 32칸, 형조의 전옥은 9칸의 감방이 있었다. 지방 행정구역의 감옥은 그 군현의 위상과 인구수에 비례하여 그 크기나 감방 수가 결정되었을 것으로 생각된다. 감옥은 치소의 동남쪽 모퉁이에 설치되었다. 감옥은 중죄수와 경죄수를 분리하고, 남녀를 구분하여 수감하였다. 하지만 세종 때까지도 일부 지방 군현에서는 남녀를 구분하여 수감하지 못하였다. 하지만 성리학 명분론에 따라, 이러한 사항은 급속히 개선된 것으로 보인다. 남자와 여자 감방의 비율은 2:1로 구성되었으며, 이는 당시 범죄자의 남녀 성비 비율에 따른 것으로 생각된다. 감옥은 매우 불결하고 습하고 협소했으며, 수인을 밀집하여 수감하였다. 따라서 많은 수인이 병에 걸려 죽었으며, 전염병 발병에도 취약하였다. 추위와 더위에도 취약한 구조였다. 이에 세종은 감옥을 확장하고, 시원한 양옥과 따뜻한 온옥을 짓도록 하는 등 감옥의 설비와 환경을 개선하려고 노력하였다. 하지만 관리들은 감옥에 대해 별다른 중요성을 느끼지 못하였다. 백성들도 감옥의 증설에 대해 부정적이었다. 이에 따라 감옥 설비 및 환경의 개선은 제한적일 수밖에 없었다. 이에 수인의 위생을 개선하고, 더위와 추위로부터 그들을 보호하기 위한 개별적이고 일시적인 조치들이 취해졌다. 조선초기의 감옥은 재판을 받고 있는 미결수를 수감하는 곳이었다. 범죄사실이 소명되지 않은 경우 소명될 때까지 감옥에 가두었다. 범죄가 드러났다고 하여도 좀 더 명확한 사실을 규명하기 위해, 죄가 확정되었다고 하여도 행정처리가 끝날 때까지 수인을 감옥에 가두었다. 감옥에 갇혀 있는 기한은 정해진 바가 없었으므로, 심한 경우 수년씩 수인을 수감하기도 했다. 범죄에 연루되거나 연관된 사람도 감옥에 수감되었다. 증거나 증언을 확보하기 위해 연관된 사람을 투옥하였다. 범죄자가 도망친 경우 그의 행방을 파악하기 위해서나 자수를 강제하기 위해 또는 도망을 막지 못했다는 이유로 부모, 형제, 자녀, 장인이나 장모 등의 친인척을 수감하였다. 또한 감옥은 사형수가 사형 집행 전까지 수감되는 곳이었다. 관료 등이 잘못을 저질렀으나 오형(五刑)의 형벌을 가할 정도가 아닌 경우, 이를 징계하기 위해 일시적으로 감옥에 수감하였다. 길게는 20일 정도, 짧게는 3~5일 정도 수감하였는데, 수감 기간은 잘못의 정도, 잘못을 저지른 사람의 지위나 신분 등에 따라 결정되었다. 이보다 더 약한 잘못을 저질렀을 경우에는 잘못을 저지른 사람의 노비를 감옥에 수감하였다. 수감된 노비는 경우에 따라 태형에 처해지기도 하였다. 잘못을 저지른 당사자나 그의 노비를 감옥에 수감한 것은, 신분제 원리를 반영한 법 집행 일환의 한 모습이었다.

공민왕대 전반기 대민정책과 전민변정도감

박진훈 한국중세사학회 2020 한국중세사연구 Vol.0 No.62

This paper reviews the subject, basic direction and meaning of the public policy during the first half of King Gongmin by analyzing the edicts issued by the King, and then examines the actual contents of the public policy implemented by him. Finally, it analyzes the contents of the Jeonminbyeonjeong project, reviewing how this project was linked to the public policy of King Gongmin. The basic direction of King Gongmin’s policy toward the people was to restore the people-centered politics, dealing with the people generously with compassion for them, In addition, the king set himself as the subject of people-centered politics. Accordingly, the direction and contents of people-centered politics didn’t have to be carried out under the guidance of the Yuan Dynasty, but be independently established and implemented under the responsibility of Goryeo. This position of King Gongmin was expressed more in detail after the full-scale anti-Yuan politics started. The anti-Yuan politics was to reject the order of the Yuan and to deny the legitimacy of the rule that was guaranteed by the Yuan. Accordingly, King Gongmin declared in his 5th-year decree that he, the King of Goryeo, had inherited the heavenly order. This made it clear that the king of Goryeo had the right to govern the people of Goryeo given by the heaven and to implement policies for the people. Through this, he attempted to secure the legitimacy and authority of reign as King of Goryeo. King Gongmin expressed that his public policies were based on the Love for People(愛民), and that the content of Love of People was to bring real interests to the people. The basic directions and contents of King Gongmin’s policies toward the people were continuously reaffirmed through the later edicts. In this paper, it was reviewed through Jinhyeul(賑恤) and Chadae(借貸) to check whether King Gongmin’s public policies would provide real benefits to the people. Under the responsibility and authority of the Goryeo government, King Gongmin implemented the Jinhyeul and Chadae policies in the direction that the government would bear the economic costs or lower the burden of the people. Thus, it was confirmed that the basic direction of the King Gongmin’s public policies was actually reflected in the public policies. King Gongmin promised to resolve the rectifying of land ownership & human condition problems in his enthronement edict and installed Jeonminbyeonjeong- Dogam in the 1st year of his reign. King Gongmin’s Jeonminbyeonjeong was a step forward compared to that of the Yuan’s intervention period. In order to effectively achieve the Jeonminbyeonjeong, the aristocrats’ existing profits obtained from illegally acquired land were collected by the government, and if the ordinary people were privately controlled by them, the wages were calculated to the laborers before they were liberated. This was a measure to give economic gains to the original owners of the land or poor farmers. In addition, the judgement of Jeonminbyeonjeong-Dogam was put into effect by setting the punishment rules for the aristocrats who did not comply with the edict. Therefore, the Jeonminbyeonjeong project in the first half of the Gongmin King’s dynasty was an extension of King Gongmin’s policies for the people that real interests should be returned to the people.

치성상악동염의 근관치료에 의한 치험례

박진훈 慶北大學校 齒科大學 1989 慶北齒大論文集 Vol.6 No.2

『젊은 예술가의 초상』과 탈식민주의 : 장소와 언어를 중심으로 Joyce`s A Portrait of the Artist as a Young Man

박진훈 한국제임스조이스학회 2001 제임스조이스저널 Vol.7 No.1

Joyce regarded Ireland as a colonized nation where an individual's self-identity was distorted by Irishmen who representing English imperialism In Portrait, Joyce described chiefly the Irishmen living the distorted lives: fathers, priests, nationalists, and etc. They who wouldn't admit the Otherness of others because of their own narrow-mindedness, corrupted articulations and actions. Through Stephen's resistance to the Irishmen's partial and wrong values, Joyce presented the escape out of the actualities of darkness, immatured infant land(Dublin) in many forms such as 'national allegory,' 'various new languages,' and 'many symbols' by the "new terminology." In Portrait we can infer that Joyce intended to reveal the contradictory 'colonized situation's essences', and to get rid of Irishmen's distorted representations and ambivalence of English imperialists that were hidden beneath 'civilizing mission' and 'modernity'. Also, Joyce destroyed the myth of historical objectivity and the empty space of spacelessness and created a historical heterogeneity through the medium of a 'historical narrativity.' Through these subversions, Joyce newly named Dublin a new spatial historical city in an original fashion, and suggested a hopeful future without any restrictions and contaminated self-identity of imperialism and nationalism. The issues of the place and language in the colonial resistance discourse are closely related with the writer's political, cultural and literary intention. So, Joyce's writing in English is not only to show the linguistic hybridity of a Post-colonial writer, but also to revolt against the British imperialism in favor of the colonized nation's literary authenticity.

수충격 해석과 실증을 통한 펌프장 안정성 분석

박진훈,라병필,Park, Jin-Hun,Ra, Byeong-Pil 한국전산구조공학회 2009 전산구조공학 Vol.22 No.4

고려 사람들의 죽음과 장례―官人 가족을 중심으로―

박진훈 한국사연구회 2006 한국사연구 Vol.135 No.-

Death and Funeral Rites of the Bureaucratic Class During the Goryeo Dynasty

한 회원의 짤막한 편지

박진훈 한국역사연구회 1991 한국역사연구회회보 Vol.- No.7

『젊은 예술가의 초상』과 신부의 재현

박진훈 한국제임스조이스학회 2004 제임스조이스저널 Vol.10 No.1

In Joyce's age, Irish priests were regarded as the dominant subjects of society. The priests participated in the political actions and many social activities. They also were concerned with the secular affairs such as the fox hunting, materialism. In addition they had the haughtiness as the imperialist who thought of themselves as the ideal stereotype. So the Irish priests treated the young students as the inferior beings or the Others. To criticize these states quo, Joyce described the priests as the men who represented the imperial figures in Portrait. In Portrait there are many priests(Fathers) who represent the imperial articulations and behaviors in Clongowes and in Belvedere College. Especially Father Arnall, Father Dolan, and rector showed the students their haughty and violent articulations / behaviors as the imperialists as follows. At first, Father Arnall had the four imperial aspects in his articulations and behaviors. He represented the slippages of articulation in 'the sermon of the hell' and 'the quotation of bible'(116-46). Also he infused the Britain / imperial historical view into the students(8). And he ignored the students' identity(50), forcing the prefects and officers to set good examples to their fellow students(118). Secondly, Father Dolan who hit the Stephen unfairly and cruelly had the four imperial aspects, too. He presented the lack of affection for the colonized students. And he didn't admit the colonized individual reality. Futhermore he held scorn in the school's law and broke the law with his haughtiness. He always enjoyed the linguistic violence to the students, too. Finally, the rector of the college represented the imperial images. He had the disgusting images such as "waning figure, the shrewd northern face, and the craft of jesuits." Futhermore in spite of misunderstanding Stephen's false piety, he inducted Stephen to be a priest. Eventually he was absurd enough not to recognize the Other's identity correctly. It represented the imperial partiality of judgment. In conclusion the Irish priests represented the typical figures of imperialism consciously or unconsciously. Their articulations and behaviors, however, had the contradiction in themselves, for they were only agents and mimics of colonialist authority. Therefore the irony of the imperial representation of these priests was that on the contrary they were reducing the imperial authority because of the partiality on their representation.

초음파조영상의 정상 담낭의 버출비율

박진훈 대한영상의학회 1984 대한영상의학회지 Vol.20 No.2

Real-time ultrasonography is a simple. accurate, noninvasive and potentially valuable means of studying gallbladder size and emptying. The authors calculated ultrasonographically the ejection fraction of 80 cases of normally functioning gallbladder on oral cholecystography, from June 1983 to April 1984, at the department of ardiology. Hangang Sacred Heart Hospital. The results were obtained as follows; 1. Ultrasonographic Ejection Fraction at 30 minutes after the fatty meal was 73.1$\pm$16.85 2. There was no significant difference in age and sex, statistically.

RC-Prep이용한 근관형성후 치근단 폐쇄효과에 관한 실험적 연구

박진훈 慶北大學校 齒科大學 1989 慶北齒大論文集 Vol.6 No.1

This study evaluated the effect of RC-Prep(ethylenediaminotetraacetic acid, urea-peroxide, and water soluble base) used in the instrumentation of root canals of freshly extracted, single-rooted teeth before obturating the canals with laterally condensed gutta-percha or injection-molded thermoplasticized gutta-percha by comparing with instrumentation with sodium hypochlorite solution alone. Apical leakage was compared by measuring the magnified images of Indian ink penetration. The following results were obtained. 1. There were no significant differences in dye penetration between the groups instrumented with RC-Prep or sodium hypochlorite solution alone. 2. Between two groups instrumented with sodium hypochlorite solution, the group obturated with laterally condensed gutta-percha shows greater dye penetration than the group obturated with injection-molded thermoplasticized gutta-percha, but there was no significant difference between two groups instrumented with RC-Prep.