『大明律』과『經國大典』 編纂의 法制史的 의의 = The Characteristics Of "The Law of Ming Dynasty" and "Gyunggukdaejeon"

다국어 초록 (Multilingual Abstract)

I choose this topic because Chinese lows exerted tremendous influence on the peninsula of Chao Sun, however Korea only pays attention to the original code……"Jing Guo Code", but not its mother law……" the Law of Ming Dynasty" in China.
"Implication"("綠坐"), the representative idea of Legalists in Qin Dynasty became an article of low. In Xi Han Dynasty, "Chun Qiu Jue Yu"("春秋決獄") and "Jing Yi jue Yu"("經義決獄")etc., which are the idea of "virtue first but penalty second" became the main aspect of law. "The system of remission which eight kinds of people could get"("八義制度") in Cao Wei Dynasty and "the noble men could use their ranks to compensate their crimes"("官當制度") in Nan Chen Dynasty(557-589) became article. In the law of Hou Jin Danasty(317-420), there was an article "准五服制罪", which means to punish according to a relative system of China, while in Bei qi Dynasty(550-557), there was an article called "the ten most serious criminal"("重罪十條"). Till then, the Confucianization of law almost had formed a system. In Sui Tang Dynasty, the confucianization of law went on developing. According to "etiquette is the only standard", the concept of "etiquette is superior to law" was set up. The general and disordered articles became more concreat. In Ming and Qing Dynasty, the legislative spirit of "the Law of Tang Dynasty" was passed on and they tried to formulate a pithier law of universal significance. In order to achieve that, "the law of Ming Dynasty" had been changed four times in the year of Wu Yuan(1364), the seventh year of Hong Wu(1374), the 22nd year of Hong Wu(1399), and the 30th year of Hong Wu(1397). The revised law of Ming Dynasty became a general criminal law in the following 550 years. The first emperor of Ming Dynasty(Ming Tai Zu) took part in the revision work himself and tried to mix his own idea of "the combined using of etiquette and law"("禮法幷用"), "the law should fit for the situation("當適時宜''), and "a good law should be pithy""("法貴簡當") etc. Were reflected in "the law of Ming Dynasty". His ruling idea of paying arrention to propagating law contributed to the popularization of law.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 『大明律』의 편찬
• Ⅲ. 『經國大典』의 편찬
• Ⅳ. 法制史的 의의
• Ⅴ. 맺음말