초록 열기/닫기 버튼

This study aims to approach the legal culture of Goryeo society through penal administration. In Goryeo dynasty, Wonjeong or the policies based upon the Heaven-Man Correlation Theory were put into operation in the process of the criminal trial and the execution of punishment. Those were matters of common in the Confucian cultural area. But a study of cases in Goryeo dynasty is important in order to uncover the sources and aspects of the legal culture in its society. A idea that judging only by criminal effect don't be desirable was widely supported. It was believed that the law should be carried out in consideration of the will of Heaven and the heart of a people, so that many kinds of Wonjeong were practiced. One was practiced considering the ethical viewpoint, another extenuating circumstances, a third considering the regional characteristics and customs. Wonjeong was also practiced by king's charity relief, which could obstructed the impartial application of the law, so was requested prudence The Heaven-Man Correlation Theory was applied to penal administration from early Goryeo dynasty. Many natural calamities appeared through astronomical and terrestrial phenomena were interpreted to be caused by penal administrative mistake or unrelief. Kings and officials tried to practice rules suggested by Lichi Yueling to obey the will of Heaven. Especially Tang Yueling had been used since around 1018, but Lichi Yueling was accepted again before 1111.


This study aims to approach the legal culture of Goryeo society through penal administration. In Goryeo dynasty, Wonjeong or the policies based upon the Heaven-Man Correlation Theory were put into operation in the process of the criminal trial and the execution of punishment. Those were matters of common in the Confucian cultural area. But a study of cases in Goryeo dynasty is important in order to uncover the sources and aspects of the legal culture in its society. A idea that judging only by criminal effect don't be desirable was widely supported. It was believed that the law should be carried out in consideration of the will of Heaven and the heart of a people, so that many kinds of Wonjeong were practiced. One was practiced considering the ethical viewpoint, another extenuating circumstances, a third considering the regional characteristics and customs. Wonjeong was also practiced by king's charity relief, which could obstructed the impartial application of the law, so was requested prudence The Heaven-Man Correlation Theory was applied to penal administration from early Goryeo dynasty. Many natural calamities appeared through astronomical and terrestrial phenomena were interpreted to be caused by penal administrative mistake or unrelief. Kings and officials tried to practice rules suggested by Lichi Yueling to obey the will of Heaven. Especially Tang Yueling had been used since around 1018, but Lichi Yueling was accepted again before 1111.