The Current Progression of the Studies on Criminal Law History in the Joseon Dynasty

Abstract

　The purpose of this study is to summarize the main studies on the criminal law history, and to show the current issues and the possibilities of future development before Reform of 1894 (甲午改革) in the Joseon (朝鮮) Dynasty (1392-1910).
　First of all, we will outline the characteristics of the results of the studies on the criminal law history in the Joseon Dynasty up to the present. Second, I will explain the recent studies about the effect of the Ming code (明律) in legislating special law in Joseon. Third, as a case in which different punishment law legislated specially in Joseon, I will give some cases, for example the punishment for robbery and commute a death sentence for private revenge. Forth, I will introduce the judicial branches concerning the criminal trial. Fifth, I will classify the two criminal proceedings as Hyongjo (刑曹) took the lead and Uigeumbu (義禁府) presided over that, and explain the concrete content of the criminal proceedings including petition, execution and pardon.
　Finally, I will show some problems to be solved and possibility of future development of the Studies on Criminal Law History in the Joseon Dynasty, such as to investigate the local criminal trial and the judicial court for the discipline and punishment of military personnel, Classification of historical periods, and to publish an introductory textbook about legal history of Korea.