전근대 몽골 법률자료의 들불 관련법의 검토

An Examination of the Premodern Mongolian Legal Materials on Wildfire-related Regulations

This study analyzes wildfire-related clauses of the premodern Mongolian legal materials and based on the analysis, it examines the endeavors the premodern era Mongolian had made in order to prevent wildfire and to conserve nature. The Mongolian’s traditional trade is nomadism. Nomadism utilizes nature at it is. In a traditional sense, a nomadic life signifies livestock feeding on the grass of the prairie, which is part of the Mother Nature, and humankind relying on livestock and its by-products. In this respect, it is not an exaggeration to claim that nomadism is the most eco-friendly way of living among the many ways of living that humankind have created. Nature is the life and source of the nomad, who conform to the cyclical system of nature, livestock, and mankind. In order for the nomad’s lives to continue, harmonizing with nature is essential. Because of it, the Mongolian cultivated their unique view of nature, which is to treasure nature and to conserve it. Over the course of history, the Mongolian had put great effort in protecting and conserving nature. As a natural consequence, the act of destroying nature had been strictly regulated, and without exception, the premodern legal materials had relevant regulations. Needless to say, the main culprit that leads to destruction of nature is wildfire. It not only consumes plains and forests but also takes away humans, animals, and assets, and the lives of wild animals at once, and it devastates the prairie, thus, a major catastrophe that results in the demolition of foundation of the lives of the nomad. This is why wildfire-related penalties were implemented and heavily regulated as a threat to the safety of the public over the course of the history of Mongolia, The modern Mongolian law follows this tradition in a broader view. This demonstrates how seriously the Mongolian have contemplated the wildfire issue, which still continues in the modern Mongolia. Seen from this point of view, the wildfire issue is not of the past but of the present. Therefore, analyzing the legal materials and a variety of taboos to prevent wildfire is meaningful not only as a history of law but also as an important clue for understanding the Mongolian’s tradition of protecting nature. Therefore, this study categorizes the premodern Mongol into three periods and analyzes the wildfire-related regulations that were enacted in each period, and examines these regulations have changed and developed with of time and the ways in which the Mongolian had put effort into protect their space of living. The discussion centers on the Mongol empire period(13th to 14th century), the political division period(16th to 17th century), and the ruling of other nations period(18th to 19th century), and the conclusion examines the ways these tradition of the premodern wildfire-related regulations are reflected in the modern legal materials.