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Judicial History Materials Exhibition Sourcebook Volume I Table of Contents

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Judicial History Materials Exhibition Sourcebook Volume I Table of Contents Judicial History Materials Exhibition Sourcebook Volume I Table of Contents 02 Preface 04 Thematic Commentary – Joseon’s Public Institutions in Symbiosis with the People’s Grievances Chapter 1 Joseon: Aspirations for the Rule of Law Take Root 10 Glimpse into Joseon’s Laws 12 Joseon’s Judicial Materials and Major Places of Custody 14 Joseon, Age of Uniform Code 16 Joseon’s Codification 18 Daemyeongryul and Joseon’s Hyeongjeon 20 Types of Trials and Judicial System of Joseon Chapter 2 Litigations in Joseon: People’s Voice is Heard, Justice Blossoms 24 Law Practice Handbook 26 Criminal Procedure Handbook and Case Records 28 Joseon’s Court Reports 29 Joseon’s Court Procedure 30 Certified Judgments 32 Certified Judgment on Slave Lawsuit 34 Certified Judgment on Housing and Land Lawsuit 36 Certified Judgment on Burial Ground Lawsuit 38 Certified Judgment on Criminal Proceeding 40 Bibliography Table of Contents 02 Preface 04 Thematic Commentary – Joseon’s Public Institutions in Symbiosis with the People’s Grievances Chapter 1 Joseon: Aspirations for the Rule of Law Take Root 10 Glimpse into Joseon’s Laws 12 Joseon’s Judicial Materials and Major Places of Custody 14 Joseon, Age of Uniform Code 16 Joseon’s Codification 18 Daemyeongryul and Joseon’s Hyeongjeon 20 Types of Trials and Judicial System of Joseon Chapter 2 Litigations in Joseon: People’s Voice is Heard, Justice Blossoms 24 Law Practice Handbook 26 Criminal Procedure Handbook and Case Records 28 Joseon’s Court Reports 29 Joseon’s Court Procedure 30 Certified Judgments 32 Certified Judgment on Slave Lawsuit 34 Certified Judgment on Housing and Land Lawsuit 36 Certified Judgment on Burial Ground Lawsuit 38 Certified Judgment on Criminal Proceeding 40 Bibliography Preface On Publication of the English Version of the During the Joseon Dynasty, such uniform codes as ≪Gyeongguk Daejeon, 經國大典≫ was published as its governance norms. In ad- ≪Judicial History Materials Exhibition Sourcebook≫ dition, those parts of its codes and law books directly applicable to trial procedure were selectively compiled into handbooks on proce- dure and legal affairs. The <Certified Judgment>, meaning a written -History of Laws and Courts as Seen from the Traditional Legal System judgment, contains the entire procedure from filing of a petition to sentencing, and elucidates the litigation procedure and the format of written judgment back then. The Supreme Court Library has been compiling the judicial history of Korea, as well as collecting and managing materials with high his- This Volume I of the ≪Judicial History Materials Exhibition Sour- torical value. Moreover, the Library has hosted the biennial Judicial cebook≫ introduces significant historical materials pertaining to History Materials Exhibition since 2011. In an effort to reach out to a the legal system of the Joseon Dynasty. They include: the four ma- broader audience beyond the temporal and spatial constraints of the jor codes of Joseon, including ≪Gyeongguk Daejeon≫; ≪Sasong- exhibition, the ≪Judicial History Materials Exhibition Sourcebook≫ yuchwi, 詞訟類聚≫, a representative civil procedure handbook of the was published to provide an opportunity for more people to gain 16th century; ≪Heumheumsinseo, 欽欽新書≫, Korea’s first case law exposure to, and understand, the history of courts by accessing the commentary; and the <Certified Judgment of Gyeongju-bu>, a writ- exhibition materials. ten judgment on the distribution of bequests of a woman without children. In collecting the copies and images of pertinent materi- In 2016, the Supreme Court Library is pleased to publish the Eng- als to put this sourcebook together, we owe much to the assistance lish version of the ≪Judicial History Materials Exhibition Source- of a number of outside organizations, including the Seoul National book≫ series. This is a part of the Supreme Court Library’s effort to University Kyujanggak Institute for Korean Studies, the National raise awareness of the Korean judicial system and legal culture by Library of Korea, the Korea University Museum, the Korea University informing the audience worldwide of the establishment and evolu- Library, the Academy of Korean Studies, and the Head House of the tion of the Korean legal system, by means of introducing valuable family of Hakbong Kim Seong-il. judicial historical materials at home and abroad. This sourcebook is the English version of the first volume of the ≪Judicial History It is my hope that the publication of Volume I of the ≪Judicial His- Materials Exhibition Sourcebook≫ originally published in Korean in tory Materials Exhibition Sourcebook≫ will enhance understanding 2014, featuring key contents of the first exhibition held in 2011 un- of the Korean judicial history and legal culture by introducing the der the theme of “Laws and Trials of the Joseon Dynasty.” In addition Korean judicial history materials to a broader audience abroad, and to shedding light on the significance of the laws and trials of the that in so doing, it will pave the way for further promoting interna- Joseon period, this resource is also aimed at helping readers trace tional judicial exchanges. the origins of the legal sentiment underlying the legal traditions and system handed down to us by looking at the traditional Korean legal , June 2016 system before the introduction of modern judicial system at the end of the Joseon period. KIM Kee Jurng President of the Supreme Court Library of Korea Preface On Publication of the English Version of the During the Joseon Dynasty, such uniform codes as ≪Gyeongguk Daejeon, 經國大典≫ was published as its governance norms. In ad- ≪Judicial History Materials Exhibition Sourcebook≫ dition, those parts of its codes and law books directly applicable to trial procedure were selectively compiled into handbooks on proce- dure and legal affairs. The <Certified Judgment>, meaning a written -History of Laws and Courts as Seen from the Traditional Legal System judgment, contains the entire procedure from filing of a petition to sentencing, and elucidates the litigation procedure and the format of written judgment back then. The Supreme Court Library has been compiling the judicial history of Korea, as well as collecting and managing materials with high his- This Volume I of the ≪Judicial History Materials Exhibition Sour- torical value. Moreover, the Library has hosted the biennial Judicial cebook≫ introduces significant historical materials pertaining to History Materials Exhibition since 2011. In an effort to reach out to a the legal system of the Joseon Dynasty. They include: the four ma- broader audience beyond the temporal and spatial constraints of the jor codes of Joseon, including ≪Gyeongguk Daejeon≫; ≪Sasong- exhibition, the ≪Judicial History Materials Exhibition Sourcebook≫ yuchwi, 詞訟類聚≫, a representative civil procedure handbook of the was published to provide an opportunity for more people to gain 16th century; ≪Heumheumsinseo, 欽欽新書≫, Korea’s first case law exposure to, and understand, the history of courts by accessing the commentary; and the <Certified Judgment of Gyeongju-bu>, a writ- exhibition materials. ten judgment on the distribution of bequests of a woman without children. In collecting the copies and images of pertinent materi- In 2016, the Supreme Court Library is pleased to publish the Eng- als to put this sourcebook together, we owe much to the assistance lish version of the ≪Judicial History Materials Exhibition Source- of a number of outside organizations, including the Seoul National book≫ series. This is a part of the Supreme Court Library’s effort to University Kyujanggak Institute for Korean Studies, the National raise awareness of the Korean judicial system and legal culture by Library of Korea, the Korea University Museum, the Korea University informing the audience worldwide of the establishment and evolu- Library, the Academy of Korean Studies, and the Head House of the tion of the Korean legal system, by means of introducing valuable family of Hakbong Kim Seong-il. judicial historical materials at home and abroad. This sourcebook is the English version of the first volume of the ≪Judicial History It is my hope that the publication of Volume I of the ≪Judicial His- Materials Exhibition Sourcebook≫ originally published in Korean in tory Materials Exhibition Sourcebook≫ will enhance understanding 2014, featuring key contents of the first exhibition held in 2011 un- of the Korean judicial history and legal culture by introducing the der the theme of “Laws and Trials of the Joseon Dynasty.” In addition Korean judicial history materials to a broader audience abroad, and to shedding light on the significance of the laws and trials of the that in so doing, it will pave the way for further promoting interna- Joseon period, this resource is also aimed at helping readers trace tional judicial exchanges. the origins of the legal sentiment underlying the legal traditions and system handed down to us by looking at the traditional Korean legal , June 2016 system before the introduction of modern judicial system at the end of the Joseon period. KIM Kee Jurng President of the Supreme Court Library of Korea Thematic Commentary Joseon’s Public Institutions The two most well-known descriptions very foundation of natural order and social harmony was shaken. In representing Korea and Koreans were a the end, the severance of litigation policy turned out to be unsustain- in Symbiosis with country of courteous people in the East, able, and was converted into a reasonable legal procedure geared to- because Koreans
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