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A Study on the Characteristics of Control of Violating Prohibitions by Saheonbu in Late Joseon

Kyoung Park 1

1연세대학교 법학연구원

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ABSTRACT

This study reviews the affair of arresting ones for violating prohibitions(出禁) by Saheonbu(司憲府) in late Joseon. Saheonbu took the role of establishing the social order and principles in Joseon, through inspection on the government officials and correction of the public morals. And this affair was conducted in the process of enacting and operating the prohibitions for correction of the public morals. Therefore, Saheonbu was the center of three law enforcement authorities to conduct arresting ones for violating prohibitions in Joseon. Since the 17th Century, there had been enacted the regulations for preventing the evils arising from arbitrary, incontinent, or overlapping control of violating prohibitions by three law enforcement authorities. Especially in 1688, comprehensive measures, such as enhancing responsibilities and transparency on controlling of violating prohibitions and managing redemption money(贖錢), dispatching officers for arresting ones of violating prohibitions with due process, and prevention of overlapping controls by the authorities, were established, while Saheonbu recognizing the main authority for controlling of violating prohibitions. Nevertheless, the bad practices had not been corrected, yet, and then, there had been more detailed laws for prohibiting the officials of the authorities at home to dispatch controlling officers and for restraining them from abusing people. But there had been some exceptions for Saheonbu, the main authority of controlling of violating prohibitions, for instance, permitting to dispatch controlling officers with paper tablet(紙牌), not lawful wooden tablet for efficiency. With change from decision-making to dispatch controlling officers at all officials’ meeting(諸會) in Saheonbu in early Joseon to that at Seongsangso(城上所) after Japanese invasions of Korea in 1592, and in the process to enhance Daesaheon(大司憲)’s supervision as preventing arbitrary control of prohibitions from it, there had been an emphasis on the functional feature to control of violating prohibitions rather than the stature of Saheonbu as an authority to build a social order and principles.

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* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.
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