6~7세기에 나타나는 삼국 형률의 적용 양상과 특징

Abstract

This research is to illuminate similarities and differences of the Penal Code between the Three Kingdoms and Chinese. It was examined by comparing the crime, such as the sin of rebellion(謀反․叛), theft(盜), robbery(劫) and cheonheung(擅興). In the Three Kingdoms, death penalty for rebellion was both public chamhyeong(斬刑). It was enforced by purification ritual with water or fire. And punishment for theft(盜) was based on compensation. In fact, it is clear that the terms of Penal Code have existed, but application of the law can occur in various ways by depending on the social conditions and the customary law’s basis of each society. Features of Penal Code in the Three Kingdoms was no the punishment of labor(徒刑) and hanging(絞刑). Enslavement was not an additional punishment but an independent punishment, it was placed in the punishment of labor of China. The punishment of labor in China had an educational significance and included Confucian contents. On the other hand, enslavement in the Three Kingdoms was done in terms of compensation for the property along with the rigor of punishment. The punishment of hanging(絞刑) in China was a relaxed form of death penalty In the sense of simply deprivation of life. However, there was no the punishment of hanging(絞刑) in the Three Kingdoms. I would guess that it’s absence was not simply deprivation of life but openly purification ritual, and showed an emulsion of tradition which expected effects of vigilance.