≪大明律≫은 朝鮮時代 全時期에 적용된 刑律이다. 그런데 이와 병행하여 朝鮮에서 제정한 法典들의 刑典에서도 일정한 刑事規定들이 존재한다. 일반적으로 朝鮮의 法典에 나타난 刑事規定들은 ≪大明律≫의 특별규정들이라고 이야기되고 있다. 하지만 이들 규정들의 구체적인 모습에 대하여는 아직까지 연구가 미진한 바 있다. 이 글에서는 이들 규정들이 ≪大明律≫과 비교하여 어떠한 면에서 특별법적인 요소를 지니고 있는가를 밝히고 있다. 또 이를 통하여 朝鮮이 中國에서 만들어진 ≪大明律≫과 다른 규정을 통해서 추구하고자 했던 가치가 무엇인가에 대하여도 언급하고자 하였다.[주제어] ≪大明律≫, ≪經國大典≫, 刑典

Provisions of criminal Section of ≪GyeongGukDaeJeon≫ are divided into a substantive law and a adjective law. The substantive provisions of ≪GyeongGukDaeJeon≫ supplement or replace those of the Ming Code. Because ≪GyeongGukDaeJeon≫ is a special law, it provides the aggravated penalty compared with the Ming Code, for example, the guilt-by-association system for forgery or robbery. An accusation against the elder is also punished with the aggravated penalty in accordance with difference in social status. In addition there are provisions in ≪GyeongGukDaeJeon≫ which coordinate or subdivide those of the Ming Code. They were provided to find out the appropriate provisions applicable to different cases. The conclusion from an analysis on provisions of the Ming Code in comparison with those of ≪GyeongGukDaeJeon≫ is as follows. First, there is a provision of ‘apply the Ming Code’ in the chapter HyeongJeon of ≪GyeongGukDaeJeon≫. The meaning of ‘apply’ in this provision does not always correspond to the literal meaning of ‘apply’. At that time people also used a criminal code for reference and did not always observe law in accordance with a express provision. More references were needed to solve different cases and this resulted in the increase of criminal provisions in ≪GyeongGukDaeJeon≫. Second, we can see the first step of a status system’s intensification in ≪GyeongGukDaeJeon≫. It is focused on the relation of master and servant or parents and son.

Provisions of criminal Section of ≪GyeongGukDaeJeon≫ are divided into a substantive law and a adjective law. The substantive provisions of ≪GyeongGukDaeJeon≫ supplement or replace those of the Ming Code. Because ≪GyeongGukDaeJeon≫ is a special law, it provides the aggravated penalty compared with the Ming Code, for example, the guilt-by-association system for forgery or robbery. An accusation against the elder is also punished with the aggravated penalty in accordance with difference in social status. In addition there are provisions in ≪GyeongGukDaeJeon≫ which coordinate or subdivide those of the Ming Code. They were provided to find out the appropriate provisions applicable to different cases. The conclusion from an analysis on provisions of the Ming Code in comparison with those of ≪GyeongGukDaeJeon≫ is as follows. First, there is a provision of ‘apply the Ming Code’ in the chapter HyeongJeon of ≪GyeongGukDaeJeon≫. The meaning of ‘apply’ in this provision does not always correspond to the literal meaning of ‘apply’. At that time people also used a criminal code for reference and did not always observe law in accordance with a express provision. More references were needed to solve different cases and this resulted in the increase of criminal provisions in ≪GyeongGukDaeJeon≫. Second, we can see the first step of a status system’s intensification in ≪GyeongGukDaeJeon≫. It is focused on the relation of master and servant or parents and son.

GyeongGukDaeJeon, criminal section, the Ming Code