조선후기 관찰사의 사법권 행사와 검률(檢律)의 역할 = Execution of Legal authorities by the Gwanchal-sa magistrates in the latter half of the Joseon period, and the role of the Geom’ryul(檢律) officers

다국어 초록 (Multilingual Abstract)

Examined in this article is the Geom’ryul(檢律) officers, who were stationed at every Gam’yeong(監營) offices(administrative centers) of each of the Joseon provinces, and served as legal consultants to the Gwanchal-sa magistrates. Specific issues observed in this article includes: how they were stationed and what was the intention behind their dispatch, what was their primary role and mission, and what kind of limitations and obstacles they had to face in manning their duties. At the time in local regions, the legal authority of the Gwanchal-sa magistrates was quite powerful, which made the role of the Geom’ryul officers - who oversaw all necessary steps and relevant procedures under the magistrates - all the more important. Results of examination can be listed as below.
First, because the range of authorities of the Gwanchal-sa magistrates was quite wide, as they had to oversee all legal and legislative affairs and issues rising inside the province, it was imperative that an officer who could provide legal advice and consultation to the magistrate be made available to one. Hence the Geom’ryul officers (dispatched from the central) were stationed at the magistrate’s side. They were penal/legislative officers[律官] well trained in legal studies[律學], and carried the rank of Jong(宗)-9. At the end of King Taejong’s reign and the beginning of King Sejong’s, Geom’ryul officers were stationed in every Gam’yeong office throughout the country, including the Jeju island.
Secondly, as they were tasked with a mission to support the Gwanchal-sa magistrates’ penal administration, their roles were quite diverse. They had to engage in several areas, including interrogation of suspects in criminal cases, supervision of executions, overseeing autopsies of imprisoned corpses[殺獄], collection of redemption money(贖錢), and determination of the severity of exile punishments[徒流刑], etc.
Thirdly, although their mission was of high importance, they had to succumb to certain limitations as well. As they harbored the lowest rank in the hierarchy structure, even the lowest among penal/legislative officers in general, they had to suffer criticism regarding their potential lack of experience or expertise. Such negative perception of the Geom’ryul officers also led to several instances of themselves being punished for misinterpreting or misapplying legal clauses to cases.