 The consolidated code of laws, which became the foundation of the nation's administration, was completed about 90 years after the founding of the JOSEON Dynasty. Although some regulations to maintain law and order had already existed, the completion of the GYEONGGUKDAEJEON, hereafter referred to as 'KD', was the turning point in the effort, since the beginning of the dynasty, to establish a full legal system. If administration within the GORYEO dynasty (the preceeding dynasty before JOSEON's) was governed by man, then JOSEON's was governed by law.
The effort to create a code of law, whereby governance followed a single standard of law, had been an ongoing process since the founding of the dynasty. By King TAEJONG's time, KyungJae-LeukJun, which became the foundation for the KD, was completed.
In the years of the 4th king, King Sejong, there was a tendency within the palace of strengthening and improving Confucianistic ideals of democracy and legalism, thereby putting to rest the military rule (the iron fist rule) of King Taejo and TAEJONG. 'Sok Leuk Jun' was completed during Sejong's reign, along with policies such as the system of court appeals, the prohibition of abusive criminal punishment and of arresting minors and seniors. At the same time, guidelines for the corporeal punishment and health maintenance for prisoners were presented. These additions were possible due to the improvement of criminal laws based on Confucianistic ethics.
The 7th king, King SEJO, took the throne by military coup. As soon as he was crowned, King SEJO, in his wish to introduce Confucianistic democracy and to establish himself as the second founder of the dynasty, began to rewrite the KD. The reasons SEJO gave were that the laws added during his predecessors reigns were too complicated. Too many clauses were being added and because each clause was too specific, they could not be applied generally.
His successor, King YEJONG, began a bureau (the LeukJung-SangJungSo) to look into finalizing the KD. He attempted to complete it by September of his first year and present it on February of the following year, but his sudden death shortly after prevented the fulfillment of his plans.
The 9th king, King SUNJONG, immediately began to revise the KD. He completed and carried it into effect on January 1st, 1471. This was called the SinMyo-DaeJun. Revision was once again carried out on the code of laws due to some omitted clauses, and executed on February 1st, 1474. This revised version was the Kab-O-DaeJun. Despite several revisions to date, 72 more clauses were added later as an appendix and enforced along with the main code.
Discussions for yet another revision of the code of law began in September of 1481. The extensive volume of the main and appendix code were revised by Kam Kyo Chung and enforced on January 1st, 1485. It was called the YulSa-DaeJun. This code was declared the final revision.
In conclusion, KD became the fundamental code of law for ruling the JOSEON dynasty. Today, of all the revisions, YulSa-DaeJun is the only remaining version of the KD that we are able to see. Hence, the YulSa-DaeJun is the longest lasting code of law in Korea. |  The KD provided the major framework for the JOSEON dynasty's move towards Confucianistic rule, centralization of the government and law, and order within the social classes. Although in such sectors as administrative, civil, family, military, criminal and verdict related laws, its main function was to provide administrative regulations to organizations, functions to government branches, procedures for hiring and firing officials, and evaluations of official achievements. By these and through the establishment of the government branches and official orders, we are able to conclude that the KD's primary goal was to centralize power.
With the implementation of these administrative regulations, governmental affairs were performed more systematically than before. As a traditional code of laws that reflected real life, and aided the common people, that is, justice for all and laws that were based on legalism as the fundamentals of politics, KD indeed propelled our legal history into a more modern era.
By finalizing and enforcing KD: Firstly, the JOSEON dynasty was able to establish the foundation for a ruling system based on legalism, which brought about inevitable centralization of power; Secondly, it put into writing traditional laws from the GORYEO dynasty and ensured their legitimacy and enforceability, at the same time, by its unchangeability, protected its jurisdiction against the sudden inflow of Chinese laws, hence, maintaining its traditional values and laws.
A law can be legislated by order of the king. The KD contained the procedures for law making. According to the Uichob Clause, a bill of law was forwarded to the king through the cabinet's assembly. The consent of Yejo, SAHEONBU and SAGANWON was necessary to legislate the bill. The KD displayed great imagination and wide generality in its clauses. By the contents and unchangeability of the KD, we are able to detect the intentions and confidence of the >JOSEON dynasty in its dynastic policies and life.
There are almost no differences between the style of today's laws and our traditional laws. As most of the laws resemble each other in style and prose, the KD showed that the expressions and terminologies used in its clauses are correspondent to today's needs. Although the statutes of Great Britain is regarded as the standard code of law in today's world legal system, the KD, with its fine composition, cannot be regarded as inferior to that of Britain's. It would indeed be good to read them together and compare the two of them.
We should be proud of the KD and that we are living in a nation that has been under legalistic rule since the time of the JOSEON dynasty. Nobody can deny that we are lucky to live in one of the leading nations of the world with such a fine legal system. |
