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The Penal Nature and Relationship of ‘Guihyang Punishment(歸鄕刑)’ and ‘Chungsangho Punishment(充常戶刑)’ in the Goryeo Dynasty

  • The Review of Korean History
  • 2026, (163), pp.99~140
  • Publisher : The Historical Society Of Korea
  • Research Area : Humanities > History
  • Received : August 14, 2026
  • Accepted : September 18, 2026
  • Published : September 30, 2026

Choi Jeong Han 1

1성균관대학교

Accredited

ABSTRACT

This study re-examines the characteristics and structural relationship between Guihyang punishment(歸鄕刑) and Chungsangho punishment(充常戶刑) in the Goryeo dynasty. Previous studies defined these two punishments as a ‘supplementary penalty system’ existing outside the five-punishment(五刑) framework of the Penal Code(律令). However, this interpretation presents limitations due to the arbitrary conceptualization of ‘supplementary penalty.’ Furthermore, as recent studies suggested that Guihyang punishment(歸鄕刑) was a type of exile(流刑) reflecting Goryeo’s social structure. In this situation, reinterpretation of the penal nature of these two punishments and their relationship is necessary. The Guihyang punishment(歸鄕刑) constituted a principal punishment(主刑) that could be imposed independently. It shares the same content and objective with the exile(流刑), however it is lighter punishment than exile punishment which is included in Penal Code(律令). Guihyang punishment was established under the influence of the Song Dynasty’s law system, and was closely linked to Goryeo’s Bongwan system(本貫制). Chungsangho punishment(充常戶刑) was a supplementary punishment aimed primarily at status demotion and the deprivation of opportunities for social mobility. In particular, it was frequently execution-bound with facial tattooing(鈒面) or exile to remote regions like island. When imposed on privileged or specialized status groups such as Buddhist monks or ruling class, Chungsangho served to forfeit existing privileges and demote social standing; when applied to commoners, it was combined with facial tattooing or remote exile to enforce permanent status fixation. In conclusion, Guihyang punishment and Chungsangho did not constitute a rigid, unified ‘supplementary penalty system.’ Instead, Guihyang punishment as an independent exile punishment and Chungsangho as a supplementary status-based sanction were combined and operated fluidly according to the nature of individual crimes and status control needs. This demonstrates that while the penal execution system of Goryeo adopted Tang and Song laws, it operated dynamically by reflecting the specificities of Goryeo society.

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