『高麗史』 형법지 禁令 편목의 내용과 성격

Abstract

Although contents concerning chronological articles related to prohibitory decrees are evident in both the<Goryeosa(高麗史, History of Goryeo)>, <Goryeosajeolyo(高麗史節要, Essentials of Goryeo History)>, there are also many cases in which some chronological articles that appeared in one of these works were omitted from the other. Such omissions included not only simple articles but also long prohibitory decrees boasting many articles. The chronological articles pertaining to prohibitory decrees consisted of various types of documents. Examples included not only edicts (詔), regulations (制), decrees (旨), instructions (敎) and verdicts (判), but also memorials (奏), requests (請), and petitions (上書) to government offices and individuals as well as announcements (榜) and certificates (牒). However, half of these documents were non-prohibitory decrees whose contents did not include any indication of being a particular type of document. The majority of the non-chronological articles were in keeping with Tang Law. Unlike the chronological articles, it is difficult to find similar articles in other historical materials. There were also only a few cases in which these provisions were closely related to the contents of the chronological articles. For the most part, these particular prohibitory decrees tended to focus on such matters as the outbreak of a fire, arson and the slaughtering of horses and cattle. While the non-chronological articles found in the prohibitory decrees of the Criminal Code of <Goryeosa(高麗史, History of Goryeo)> only featured one provision that started with the term, ‘all (諸),’ every prohibitory decree located in the <History of Yuan (元史)> began with the term, ‘all (諸)’. While the majority of the prohibitory decrees in the former recorded the penalties to be meted out for criminal actions, only one-third of such entries in the latter included the penalties. It proved difficult to find provisions of the non-chronological articles in the Criminal Code of <Goryeosa(高麗史 , History of Goryeo)> that were directly influenced by Yuan Law. However, there were some instances in which actual prohibitory degrees were conveyed to Goryeo via the imperial edicts of Yuan, the (an Advisory Board to the king), or the Jungseoseong(Chancellery for Internal Affairs) during the period of Yuan Intervention. The prohibitory decrees found in the Criminal Code of <Goryeosa(高麗史)> should be perceived as highly valuable basic materials with which to analyze the criminal code and policies of Goryeo. However, the wide range of contents included in these decrees meant that they were also dispersed across other articles of the Criminal Code. This can be regarded as the result of the arbitrary division of such entities into various items and articles based on such factors as compilation principles or the whims of the compilers. In this sense, it can be regarded that the Criminal Code of <Goryeosa(高麗史)> was not compiled based on organized principles of compilation, but rather in an unorganized and flexible manner. However, viewed in another manner, the organic connection that exists with other provisions and articles can be regarded as an important characteristic of the Criminal Code of <Goryeosa(高麗史)>.