經國大典의 法思想史的 考察 = A study on the History of Legal thoughts to Kyungkook DaeJun

다국어 초록 (Multilingual Abstract)

This study is an attempt to review the special laws which assume the characteristics of caste-related Laws, and to examine the history of legal thoughts to kyungkook Daejun Yi Dynasty's.A Konwledge of these Law is necessary in order to study even one phase of korean legal thoughts.
Laws of the older ages did not distinguish public Laws from private laws, and it is difficult, therefore, to make clear concepts or limitations of the Laws.As a result, such codes of Law as the Kyungkook DaeJun and many others were compiled to meet the conditions of the Yi Dynastry.
Kyung kook Daejun of the Yi Dynasty were designed and put into action not for the common people, but for the governing classes, or aristocracy as a tool of domination.The feudal system of the Yi Dynasty provided the king with the exclusive right of legislation, not to commit such deeds as trial and error, and he had to be serious in amending and formulating Laws.Moreover the Law was separated from morality, which is an indication of a legal punishment principle.Besides, the comfucian morality, which was an ideological elements of the Yi dynasty's politics, had a great influence on the actual practce of Law.
The Yi Dynasty's Law was a kind of caste-related Law, for punishment was dealt out differently according to social position, and an aristocrat criminal, for example, was punished less severely than a peasant for the same crime under the law.However, rebellion, or trespassing of the sovereignty and immorality in Yi Dynasties was severely punished regardless of social order.

목차 (Table of Contents)

• Ⅰ.序說
• Ⅱ.社會的 背景
• Ⅲ.經國大典의 編纂過程
• Ⅳ.經國大典의 內容
• Ⅴ.經國大典의 法思想史的 意義
• Ⅵ.結語