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A Study on Il-Tae Hoh’s Research on ≪Hyeongbeob Daejeon/刑法大全≫

  • DONG-A LAW REVIEW
  • 2016, (73), pp.27-49
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

LEE, KYUNG LYUL 1

1성균관대학교

Accredited

ABSTRACT

Celebrating Professor Il-Tae Hoh’s retirement, this paper conducts a comment, from the modern perspective of nulla poena sine lege, on his studies. He has ambitiously studied ≪Hyeongbeob Daejeon/刑法大全≫, the Great Code of Korean Criminal Law. In particular, his main academic interests were about the function of ≪In-ryul-bi-bu/引律比附≫, the law to analogize rules. Chosun Dynasty was the state of common law, different from the present state of statute law, Korea. For example, GyeongGukDaejeon, Code of the country, was complied according to the doctrine of stare decisis, which makes difference from the present legislation system. So was ≪the Ming Code/大明律≫. It, accordingly, would be undesirable to see the old styles of legislation from the present point of view. This fact and guideline, of course, also apply to the study on ≪In-ryul-bi-bu/引律比附≫. In conclusion, ≪the Ming Code/大明律≫ is the “Recht”, the order approved by the society. “Gesetz” included in ≪Hyeongbeob Daejeon/刑法大全≫, meanwhile, is the compilation of moral laws approved by the preceding kings.

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