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The Penal Administration(刑政)and Ibangbu(理方府) of Silla

HAN, YOUNGHWA 1

1충남대학교

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ABSTRACT

Judgment and pardon related to a punishment(刑獄) in Buyeo and Goguryeo was ruled at a place where a heavenly rite and a state convention were held. The punishment at this point was about the issue of national importance, and was decided by a conference(評議), mainly by the noble council. These cases were resolutions and pardons of special issues, whereas judgments and execution of sentence on ordinary crimes were done by those who are courageous and sound, or an aged man of great knowledge, that is, someone who were given public authority as a head(長) of the community. In general, the decision seems to be based on folkways and customs that community shared. As state grew and developed into an ancient state, public power was given to officials(官) and head(長) of the area appointed by the king, and the granting of public power based on the universal standard led to execution of the sentence with legal force and enforcement of decision. Dispute or enforcement of the punishment of Silla can be confirmed in the Silla Stele of Naengsuri in Yeongil and the Silla Stele of Bongpyeongri in Uljin. Gyo given mainly by the King, “Jeonsa-in(典事人)” and “Sadae-in(事大人)” which are the executive groups, include the Nama-class practitioner and the local authority ○○Dosa(道使). They are presumed that the persons who corresponded to the “department in charge for regional and national affairs(內外有司)” who ordered the examination of prisoners(錄囚) during the King Soji’s reign. Practitioners in charge of disputes, punishment, and pardon were gradually converted to the tasks of the organizations or officials exclusively responsible for those charges. This organization was Ibangbu established in the 5th year of Queen Jindeok. Ibangbu was a government office involved in penal administration with Sajeongbu. It is presumed that Sajeongbu took charge of inspections of officials, and Ibangbu took charge of general penal administration. This corresponds to Tang’s Hyeongbu, Daerisi, Eosadae(Sukjeongdae). Ibangbu of Silla is comparable to Hyeongbu, Dogwan under the jurisdiction of Hyeongbu, and Jeonokseo(Daerisi) of Goryeo. Hyeongbu of Goryeo focused on law, private lawsuits(詞訟), criminal lawsuits(詳讞), and matters of managing slave, and Jeonokseo was in charge of prison-affair(獄囚). Based on this, it can be understood that Yibangbu of Silla also took charge of general criminal lawsuits(獄訟). It widely administered lawsuits, trials, enforced punishment caused by these, and managed prison, confiscated slaves, properties, and pardon.

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