전근대 한국사회와 사형제도

Premodern Korean Society and the Death Penalty -Focus on the Late Period of Joseon and the Japanese Occupation-

This study starts with a question over limited political implication being monopolized as strengthening means of feudal monarchy system or colonial rule that is an aspect of punitive features of death penalty system. Therefore, through an analysis of death penalty system during the era of Gapo reform, Korean Empire and Japanese colonial rule that are corresponding to premodern times of our country, a phenomenon of limited political implication was observed in a critical perspective. Weight of political implication that exceeds required objective to be always pursued by the punishment has been imposed on death penalty among punishments. Political implication of death penalty may be briefly expressed as retributive legal conviction, expectation of threatening effect and complete isolation of the offender. However, aside from supporting whatever perspective, its start should have been combined with criminal case itself at that time but death penalty system in premodern times of our society had put its weight on limited political context as a means of strengthening feudal royal authority or colonial rule rather than on situation of public order or criminal severity at that time. Therefore, essence of death penalty system is required to be critically and realistically introspected in terms of the fact that death penalty of premodern times was not a means of recovering justice but just activating authoritative power.