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Fairness in Civil Litigation and the Role of Judges in the Joseon Dynasty

  • Journal of Humanities, Seoul National University
  • 2022, 79(3), pp.7-43
  • DOI : 10.17326/jhsnu.79.3.202208.7
  • Publisher : Institute of Humanities, Seoul National University
  • Research Area : Humanities > Other Humanities
  • Received : July 16, 2022
  • Accepted : August 9, 2022
  • Published : August 31, 2022

Han, Sang-Kwon 1

1덕성여자대학교

Accredited

ABSTRACT

The way in which the civil trial system of the Joseon Dynasty operated can be examined using civil litigation documents and records, such as lawsuit documents (決訟立案, gyulsong-ip-an). Maintaining fairness during civil litigation was regarded as an important matter in the Joseon Dynasty, and it could be observed that hearing methods were not that much different from that of the modern trial system. Trials were strictly based on documents and evidence, and the judge had a high level of legal knowledge. The common people were also allowed access to legal knowledge.

Citation status

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