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고려시대 사면제도와 「重刑奏對儀」

원문정보

The Amnesty System and the Protocol for Royal Audiences on Capital Cases during the Goryeo Dynasty

정해선

동북아시아문화학회 동북아 문화연구 제84집 2025.09 pp.151-173

doi:10.17949/jneac.1.84.202509.008

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초록

한국어

In this article, starting with the establishment process of the 「Protocol for Royal Audiences on Capital Cases(重刑奏對儀)」, the contents of the ritual, aspects distinguished from the amnesty system and the problems of translation related to the ritual to deal with felons were reviewed. First, it was understood that the 「Protocol for Royal Audiences on Capital Cases」 enacted during King Munjong's reign was established based on the precedent of exempting the death penalty of prisoners during King Junjong's reign. Next, the contents of the ritual were reviewed and compared with the amnesty ritual. While the amnesty ritual is carried out on a large scale in the big square, that is, the district in front of Uibong Gate and Uibonge Tower, the 「Protocol for Royal Audiences on Capital Cases」 proceeded quietly and quickly in a closed space called the southern corridor of a comfortable palace. For comparison, the former is a grand festival where music and shouts are heard, but the latter is like a formality that is handled very simply by drinking tea. This difference is that the former is a ritual that completely releases prisoners, but the latter exempts them from the death penalty, but there is a difficult life waiting for prisoners to be exiled to an island. In particular, if they were exiled to a deserted island, the possibility of surviving would have been slim. It is not unreasonable that the Protocol for Royal Audiences on Capital Cases, which does not directly execute the death penalty but cannot help but predict the death of a prisoner, was classified as a miserable ritual. On the other hand, I also pointed out the translation of articles related to the 「Protocol for Royal Audiences on Capital Cases」 of the Goryeo History to deal with felons. There are cases in which the words like ‘deciding felons’ has been translated as deciding the death penalty or punishing the death penalty. But since this is an inaccurate translation, it was proposed to exempt the death penalty with caning and exile.

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