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While The Yuan dynasty had first begun to impose its punishmentbased governance (刑政, Hy?ngj?ng) system on Kory? during the early part of the reign of King W?njong, such interference for the most part remained relatively moderate in terms of its compulsiveness and aggressiveness. Interference during this period was by and large designed to lower the risk of the emergence of any resistance to Yuan rule. This reality is strongly supported by a look at the imperial ordinance prohibiting individuals from possessing weapons, the incident surrounding the false accusation of Kim Panggy?ng, and the so-called‘Ky?ngchang Kungju Incident’. Rather than strictly adhering to established Yuan punishment principles, the Yuan government instead opted for a case by case approach in each of these instances.
However, the extent to which Yuan imposed its own punishment-based governance system was gradually heightened as Kory?’s status as a Pumaguk (駙馬國, son-in-law state) was consolidated and its political subordination to Yuan became more firmly entrenched. This denouement is clearly evidenced by a look at the manner in which the Yuan government handled the false accusations leveled against Cho Pi, and the various incidents that occurred as a result of the frictions between the factions supporting King Ch?ungny?l and King Ch?ungs?n.
This tendency in fact reached a new zenith during the period in which a political tug of war erupted between the supporters of King Ch?ungny?l and King Ch?ungs?n over who should sit on the throne. The Yuan dynasty's aggressive interference in the various incidents that emerged during this fragmentation process resulted in all but usurping Kory? of its power to rule independently.
Although Kory? received permission from Emperor Kublai Khan to maintain its traditional laws during the reign of King W?njong, the Yuan dynasty increasingly forced its own punishment-based governance system on Kory?. King Ch?ungny?l urged the Yuan Dynasty to allow Kory? to exercise autonomy where the punishment-based governance system was concerned. Despite the fact that Kory? received a positive answer from the Yuan government regarding its ability to autonomously control the existing punishment-based governance system during the late period of King Ch?ungny?l’s rule, the reality on the ground proved to be quite different. Furthermore, the judicial function that had heretofore been exercised by the Military Governor (Tarugach’i) on a case by case basis increasingly fell within the scope of the regular Yuan legal system following the establishment of a Branch Secretariat (征東行省理問所, Zhengdong xingsheng) responsible for the imposition of cardinal forms of punishment and the judgment of criminal cases.
As such, while the Yuan Dynasty had initially pursued a policy line that involved allowing Kory? to continue to some degree to exercise autonomy where its punishment-based governance system was concerned as part of its wider efforts to gain influence within the Kory? court, it over time adopted a much more stringent course of action that was designed to strengthen Kory?’s subordination and establish complete control over the latter’s politics. The widespread Yuan interference and control of the outcome of various criminal cases that occurred prior to Kory?’s official acceptance of the Yuan’s legal system and codes in essence means that in reality the latter already exercised full control over judicial enforceability. Consequently, the restoration of autonomy where the punishment-based governance system was concerned became a prerequisite for Kory? in terms of its wider efforts to do away with its subordination to the Yuan Dynasty.
However, the extent to which Yuan imposed its own punishment-based governance system was gradually heightened as Kory?’s status as a Pumaguk (駙馬國, son-in-law state) was consolidated and its political subordination to Yuan became more firmly entrenched. This denouement is clearly evidenced by a look at the manner in which the Yuan government handled the false accusations leveled against Cho Pi, and the various incidents that occurred as a result of the frictions between the factions supporting King Ch?ungny?l and King Ch?ungs?n.
This tendency in fact reached a new zenith during the period in which a political tug of war erupted between the supporters of King Ch?ungny?l and King Ch?ungs?n over who should sit on the throne. The Yuan dynasty's aggressive interference in the various incidents that emerged during this fragmentation process resulted in all but usurping Kory? of its power to rule independently.
Although Kory? received permission from Emperor Kublai Khan to maintain its traditional laws during the reign of King W?njong, the Yuan dynasty increasingly forced its own punishment-based governance system on Kory?. King Ch?ungny?l urged the Yuan Dynasty to allow Kory? to exercise autonomy where the punishment-based governance system was concerned. Despite the fact that Kory? received a positive answer from the Yuan government regarding its ability to autonomously control the existing punishment-based governance system during the late period of King Ch?ungny?l’s rule, the reality on the ground proved to be quite different. Furthermore, the judicial function that had heretofore been exercised by the Military Governor (Tarugach’i) on a case by case basis increasingly fell within the scope of the regular Yuan legal system following the establishment of a Branch Secretariat (征東行省理問所, Zhengdong xingsheng) responsible for the imposition of cardinal forms of punishment and the judgment of criminal cases.
As such, while the Yuan Dynasty had initially pursued a policy line that involved allowing Kory? to continue to some degree to exercise autonomy where its punishment-based governance system was concerned as part of its wider efforts to gain influence within the Kory? court, it over time adopted a much more stringent course of action that was designed to strengthen Kory?’s subordination and establish complete control over the latter’s politics. The widespread Yuan interference and control of the outcome of various criminal cases that occurred prior to Kory?’s official acceptance of the Yuan’s legal system and codes in essence means that in reality the latter already exercised full control over judicial enforceability. Consequently, the restoration of autonomy where the punishment-based governance system was concerned became a prerequisite for Kory? in terms of its wider efforts to do away with its subordination to the Yuan Dynasty.
목차
1. 머리말
2. 刑政 간섭의 배경과 추이
3. 형정간섭의 성격과 고려의 대응
4. 맺음말
〈Abstract〉
참고문헌 (30)
참고문헌 신청
1. [단행본] - 박종기 / 1994 / 총론 : 14세기의 고려사회-원 간섭기의 이해문제, In 14세기 고려의 정치와 사회 / 민음사
2. [단행본] - 張東翼 / 1994 / 高麗後期外交史硏究 / 일조각
3. [학술지(정기간행물)] - 李益柱 / 1996 / 高麗․元關係의 構造에 대한 硏究－소위 ‘世祖舊制’의 분석을 중심으로－ / 韓國史論 36
4. [학술지(정기간행물)] - 森平雅彦 / 1998 / 高麗王位下の基礎的考察-大元ウルスの一分權勢力としての高麗王家 / 朝鮮史硏究會論文集 36
5. [단행본] - 金塘澤 / 1998 / 元干涉下의 高麗政治史 / 一潮閣
2. [단행본] - 張東翼 / 1994 / 高麗後期外交史硏究 / 일조각
3. [학술지(정기간행물)] - 李益柱 / 1996 / 高麗․元關係의 構造에 대한 硏究－소위 ‘世祖舊制’의 분석을 중심으로－ / 韓國史論 36
4. [학술지(정기간행물)] - 森平雅彦 / 1998 / 高麗王位下の基礎的考察-大元ウルスの一分權勢力としての高麗王家 / 朝鮮史硏究會論文集 36
5. [단행본] - 金塘澤 / 1998 / 元干涉下의 高麗政治史 / 一潮閣
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