@article{ART002140402},
author={HA TAE YOUNG},
title={Reinterpretation of Seongho Lee Ik's Criminal Law Idea},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={72},
pages={1-42}
TY - JOUR
AU - HA TAE YOUNG
TI - Reinterpretation of Seongho Lee Ik's Criminal Law Idea
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 72
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 42
SN - 1225-3405
AB - Ⅰ. 『Seongho saseol』 is a Joseon classical scholars' writing that directly challenged against corrupt late Joseon society around 300 years with ‘literature(文獻)’. It is composed of total 3007 articles. When reading the paragraph related to criminal law of 『Seongho saseol』, the researcher considered that Seongho's writings had an insight into our world today.
There are about 22 writings related to criminal law. There were classified into criminal philosophy, punishment philosophy, criminal procedure philosophy, criminal case philosophy, and criminal law idea. This research investigated modern significance by analyzing the content that contains Seongho's insistence.
Seongho definitely divided the concept between rape and adultery. Seongho interpreted the case of undressing with violence intending to rape belongs to rape. He also considered the case as a rape when a victim couldn't evade the criminal while running away being chased. The researcher considers it is an excellent law interpretation that had an insight into the matter of ‘intention’.
Ⅱ. Seongho's criminal affair system reform plans are not the ideal theory. The alternatives that can concretely analyze and practice in reality are clearly suggested. Seongho's insistence has a big significance in respect of criminal policy today. Accordingly, he is called ‘a godfather of Joseon Silhak idea’. The researcher dare to evaluate it as ‘the pioneer of Korean modern criminal affair philosophy’.
The paragraphs that Seongho, late Joseon hermit philosopher wrote were a huge ‘mountain chain of meditation’. The writer considers Seongho as an important ‘progressive thinker’ that connected Toegye(退溪, 1501～1570), Nammyeong(南冥, 1501～1572), Yulgok(栗谷, 1537～1584) and Dasan(茶山, 1762～1836). He viewed 300 years far away.
The researcher wonders what would Seongho say to our society when he witness ‘Sewol ferry incident’, who lived in Gyeonggi-do Ansan. Also, the researcher wonders what would he make assessment of ‘Kim yeongran law’.
Ⅲ. This research reviewed the modernistic significance by discovering the discourse related to criminal law included in Insamun, Gyeongsamun, and Manmulmun of 『Seongho saseol』. The significance of this research is to view the theory and reality of late Joseon criminal law, criminal procedure law, and criminal policy. Also, this research intended to enrich mental history of Korean criminal law by reinterpreting late Joseon history and Seongho's criminal law idea.
KW - Seongho Lee Ik;『Seongho saseol』;Joseon criminal law;criminal procedure law;criminal policy;punishment philosophy.
DO -
UR -
ER -
HA TAE YOUNG. (2016). Reinterpretation of Seongho Lee Ik's Criminal Law Idea. DONG-A LAW REVIEW, 72, 1-42.
HA TAE YOUNG. 2016, "Reinterpretation of Seongho Lee Ik's Criminal Law Idea", DONG-A LAW REVIEW, no.72, pp.1-42.
HA TAE YOUNG "Reinterpretation of Seongho Lee Ik's Criminal Law Idea" DONG-A LAW REVIEW 72 pp.1-42 (2016) : 1.
HA TAE YOUNG. Reinterpretation of Seongho Lee Ik's Criminal Law Idea. 2016; 72 : 1-42.
HA TAE YOUNG. "Reinterpretation of Seongho Lee Ik's Criminal Law Idea" DONG-A LAW REVIEW no.72(2016) : 1-42.
HA TAE YOUNG. Reinterpretation of Seongho Lee Ik's Criminal Law Idea. DONG-A LAW REVIEW, 72, 1-42.
HA TAE YOUNG. Reinterpretation of Seongho Lee Ik's Criminal Law Idea. DONG-A LAW REVIEW. 2016; 72 1-42.
HA TAE YOUNG. Reinterpretation of Seongho Lee Ik's Criminal Law Idea. 2016; 72 : 1-42.
HA TAE YOUNG. "Reinterpretation of Seongho Lee Ik's Criminal Law Idea" DONG-A LAW REVIEW no.72(2016) : 1-42.
