가이우스 그라쿠스의 사법 개혁 : 그의 반환법(lex Sempronia repetundarum)을 중심으로 = The Judicial Reform of Gaius Gracchus

다국어 초록 (Multilingual Abstract)

Gaius Gracchus who had served the tribune in Rome from BC. 123 to 122 had a great effect upon the history of Roman republican politics though he failed to achieve his target completely as he was assassinated by his political foes in the Senate in opposition to the drastic reformative measures he had taken covering all sectors including social, economic, and judiciary affairs. His legislation in social and economic reformation has attracted an intensive attention from the academic circles up to this date. However, the importance of his legislation in judiciary reformation has been lately brought to the fore. The widely accepted understanding on what Gracchus had intended to achieve through his legislation in the judiciary reformation so-called lex Sempronia repetundarum was that he tried to use the legislation as a political weapon in strife with his foes in the Senate who had blocked his other reformative measures; he placed an emphasis in the legislation further on weakening the opposing forces in the Senate and on securing the supports of equites by transferring the judiciary rights of lex repetundarum from senators to equites. However, the purpose of this paper is to deny and negate this widely accepted understanding.
The lex repetundarum Gaius Gracchus had introduced was closely related with his policy to deal with distribution of grain. He treated the provincia Asia as the financial source for his grain distribution policy; he set up a series of laws related with the provincia Asia in a great effort to expand and protect the tax source of provincia Asia. He went further to establish the lex portoria Asiae which helped him to increase the national revenue, collecting the enormous amount of customs tax charges. He also enacted the lex Sempronia de provincia Asia a censoribus locanda under which he collected five-year installment tax in cash at once; he further stopped the plundering of the provincial people by the tax-collecting publicani as well as the black deals between proconsul and them. In order to enforce the strict official discipline of the upper class in the Senate, he also established lex Sempronia de provinciis consulraribus which aimed at electing the provincial consuls after the nomination of the provincia Asia proconsul and at the same time at preventing the briberies from those who tried to be the proconsul supported by their accumulated wealth.
In closing, he succeeded in preparing a complete legal device of cracking down the greeds of the provincial proconsul-lex Sempronia repeturndarum, the real purpose of which was to protect the tax source of the provincia Asia and to maximize the inflow of the national revenue into Rome and to soothe the plundered people in provincia Asia. The lex repetundarum Gaius Gracchus introduced can be judged to have been effective expectedly in stopping the widely prevalent corruptive actions in the Senate, in protecting the provincial people and in preventing the proconsul"s defrauding since the Senate had not intended to scrap the law immediately or within several years from the date of his assassination as the Senate was compelled to honour the law hampered by its shameful past ; equites selected as the juries had showed no evidence of being bribed over 50 years from the legislation of the law.

목차 (Table of Contents)

• 1. 서언
• 2. 반환법의 제정 의의
• 3. 반환법의 제정 의도
• 4. 반환법의 제정 효과
• 5. 결어
• Abstract