『대명률직해』의 사회통제방식 - 형률을 중심으로 -

The Way of Social Control by the Daemyeongnyuljikhae: Centered around Its Penal Laws

The purpose of this paper is to find out what types of social control was done by the Daemyeongryuljikhae(大明律直解) as the Chosun Dynasty's penal code. It thus attempted a literature review, from which some results show that there are two types of social control in the oriental society. One is the moral and internal type of self-control originated from Confucianism(儒家), which emphasizes behavioral norms as can be seen in almost all human societies. Whatever places they live each of them has her/his own positions and roles, which are graded or divided by the hierarchical structure of social statuses or classes. And whoever violates the expectations imposed by such a set of social positions and roles shall strongly be blamed or informally sanctioned. The other is the external and formal type of legalistic control coming from Legalism(法家), which accentuates the coercion that regulate sayings and doings of people by law. Legalists enact aseries of laws, through which people are made to comply with the ruling system. If someone deviates from the penal code, he/she should be put to strong punishment such as imprisonment and death. It is a unique point that the Daemyeongryuljikhae has both of the two types. Because of that, crimes in the same category were treated in different ways on the base of offender-victim relationships. If the offender's status is lower than that of the victim, her/his crime was given a severe sentence compared to usual cases.