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Judicial History Materials Exhibition Sourcebook Volume II Table of Contents

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Judicial History Materials Exhibition Sourcebook Volume II Table of Contents Judicial History Materials Exhibition Sourcebook Volume II Table of Contents 02 Preface 04 Thematic Commentary – Failures of the Modern Judicial System of the Joseon Dynasty and Birth of the Patriotic National Law Chapter 1 Changes that Sprouted the Seeds of the Modern Judicial System 10 Opening of Joseon’s Ports 12 Embracing Western Legal Knowledge 17 Laws and Trials in the Minds of Enlightened Intellectuals of the Joseon Dynasty 18 ≪Chidoyakron≫ by Kim Ok-gyun 19 ≪Geonbaekseo≫ by Park Young-hyo 22 ≪Seoyugyeonmun≫ by Yu Gil-jun 24 Popularization of Western Legal Knowledge Chapter 2 Background as to the Foundation of the Modern Judicial System 28 Types of Modern Laws and Regulations 30 Court Organization Law 37 Records and People under the Modern Judicial System of the Joseon Dynasty 38 Civil and Criminal Lawsuit Regulations 39 Enactment of <Hyeongbeob Daejeon> 40 Trial Records and Written Judgments 44 Training Legal Professionals 46 Books on Legal Studies 48 Bibliography Table of Contents 02 Preface 04 Thematic Commentary – Failures of the Modern Judicial System of the Joseon Dynasty and Birth of the Patriotic National Law Chapter 1 Changes that Sprouted the Seeds of the Modern Judicial System 10 Opening of Joseon’s Ports 12 Embracing Western Legal Knowledge 17 Laws and Trials in the Minds of Enlightened Intellectuals of the Joseon Dynasty 18 ≪Chidoyakron≫ by Kim Ok-gyun 19 ≪Geonbaekseo≫ by Park Young-hyo 22 ≪Seoyugyeonmun≫ by Yu Gil-jun 24 Popularization of Western Legal Knowledge Chapter 2 Background as to the Foundation of the Modern Judicial System 28 Types of Modern Laws and Regulations 30 Court Organization Law 37 Records and People under the Modern Judicial System of the Joseon Dynasty 38 Civil and Criminal Lawsuit Regulations 39 Enactment of <Hyeongbeob Daejeon> 40 Trial Records and Written Judgments 44 Training Legal Professionals 46 Books on Legal Studies 48 Bibliography Preface Changes in the Late Joseon Period and Dawn of the Modern Judicial System The Supreme Court Library has been compiling the judicial history of Ko- 1894 to the signing of the Korea-Japan Annexation Treaty in 1910, a number rea, as well as collecting and managing materials with high historical value. of modern laws and regulations were enacted and proclaimed, including Moreover, the Library has hosted the biennial Judicial History Materials Ex- the <Civil and Criminal Procedure> and the <Criminal Code (Hyeongbeob hibition since 2011. In an effort to reach out to a broader audience beyond Daejeon)>. Finally, the Legal Training School was established and the attor- the temporal and spatial constraints of the exhibition, the ≪Judicial His- ney system was adopted. tory Materials Exhibition Sourcebook≫ was published to provide an oppor- tunity for more people to gain exposure to, and understand, the history of The 2013 exhibition featured historical materials of great significance on courts by accessing the exhibition materials. the laws and trials of the late Joseon period, including: (i) the Ganghwa Treaty, which forced Joseon to open its ports to Japanese trade; (ii) materials In 2016, the Supreme Court Library is publishing the English version of illuminating the ideas of the enlightened intellectuals, such as ≪Chidoyak- the ≪Judicial History Materials Exhibition Sourcebook≫ series. This is a ron, 治道略論≫ by Kim Ok-gyun, ≪Seoyugyeonmun, 西遊見聞≫ by Yu Gil-jun, part of the Supreme Court Library’s effort to raise awareness of the Korean and ≪Geonbaekseo, 建白書≫ by Park Young-hyo; (iii) modern laws and regu- judicial system and legal culture by informing the audience worldwide of lations, such as the ‘Court Organization Law,’ the ‘Civil and Criminal Proce- the establishment and evolution of the Korean legal system, by means of dure,’ and the ‘Criminal Code (Hyeongbeob Daejeon)’; and (iv) trial records introducing valuable judicial historical materials at home and abroad. This from this period. In collecting the copies and images of pertinent materials sourcebook is the English version of the second volume of the ≪Judicial to put this sourcebook together, we owe much to the assistance of a num- History Materials Exhibition Sourcebook≫ originally published in Korean ber of outside organizations, including the National Archives of Korea, the in 2015, featuring key contents of the second exhibition held in 2013 un- National Library of Korea, the Independence Hall of Korea, the Diplomatic der the theme of “Laws and Trials in the Late Joseon Period.” In addition to Archives of the Ministry of Foreign Affairs, the Academy of Korean Stud- shedding light on the historical significance of the laws and trials of the ies, the Korea University Museum, the Korea University Library, the Dong-A late Joseon period, this resource is also aimed at helping readers grasp how University Medical Library, and the Seoul National University Kyujanggak the late Joseon period, the dawn of the modern judicial system, fit in to the Institute for Korean Studies. overall Korean judicial history, by looking at how Western civilization and modern judicial knowledge were introduced and institutionalized from the It is my hope that the publication of Volume II of the ≪Judicial History Ma- opening of Joseon ports to foreign trade to the signing of the Korea-Japan terials Exhibition Sourcebook≫ will enhance understanding of the Korean Annexation Treaty. judicial history and legal culture by introducing the Korean judicial history materials to a broader audience abroad, and that in so doing, it will pave the The embrace and dissemination of modern judicial knowledge by the en- way for further promoting international judicial exchanges. lightened intellectuals of the late Joseon period contributed to raising public awareness of modern legal principles and ideas including freedom rights , , , June 2016 and judicial independence. Joseon’s first independent judicial body was es- tablished with the legislation of the <Court Organization Law> on March 25, KIM Kee Jurng 1895, based on the lunar calendar. Over the sixteen years spanning from President of the Supreme Court Library of Korea Preface Changes in the Late Joseon Period and Dawn of the Modern Judicial System The Supreme Court Library has been compiling the judicial history of Ko- 1894 to the signing of the Korea-Japan Annexation Treaty in 1910, a number rea, as well as collecting and managing materials with high historical value. of modern laws and regulations were enacted and proclaimed, including Moreover, the Library has hosted the biennial Judicial History Materials Ex- the <Civil and Criminal Procedure> and the <Criminal Code (Hyeongbeob hibition since 2011. In an effort to reach out to a broader audience beyond Daejeon)>. Finally, the Legal Training School was established and the attor- the temporal and spatial constraints of the exhibition, the ≪Judicial His- ney system was adopted. tory Materials Exhibition Sourcebook≫ was published to provide an oppor- tunity for more people to gain exposure to, and understand, the history of The 2013 exhibition featured historical materials of great significance on courts by accessing the exhibition materials. the laws and trials of the late Joseon period, including: (i) the Ganghwa Treaty, which forced Joseon to open its ports to Japanese trade; (ii) materials In 2016, the Supreme Court Library is publishing the English version of illuminating the ideas of the enlightened intellectuals, such as ≪Chidoyak- the ≪Judicial History Materials Exhibition Sourcebook≫ series. This is a ron, 治道略論≫ by Kim Ok-gyun, ≪Seoyugyeonmun, 西遊見聞≫ by Yu Gil-jun, part of the Supreme Court Library’s effort to raise awareness of the Korean and ≪Geonbaekseo, 建白書≫ by Park Young-hyo; (iii) modern laws and regu- judicial system and legal culture by informing the audience worldwide of lations, such as the ‘Court Organization Law,’ the ‘Civil and Criminal Proce- the establishment and evolution of the Korean legal system, by means of dure,’ and the ‘Criminal Code (Hyeongbeob Daejeon)’; and (iv) trial records introducing valuable judicial historical materials at home and abroad. This from this period. In collecting the copies and images of pertinent materials sourcebook is the English version of the second volume of the ≪Judicial to put this sourcebook together, we owe much to the assistance of a num- History Materials Exhibition Sourcebook≫ originally published in Korean ber of outside organizations, including the National Archives of Korea, the in 2015, featuring key contents of the second exhibition held in 2013 un- National Library of Korea, the Independence Hall of Korea, the Diplomatic der the theme of “Laws and Trials in the Late Joseon Period.” In addition to Archives of the Ministry of Foreign Affairs, the Academy of Korean Stud- shedding light on the historical significance of the laws and trials of the ies, the Korea University Museum, the Korea University Library, the Dong-A late Joseon period, this resource is also aimed at helping readers grasp how University Medical Library, and the Seoul National University Kyujanggak the late Joseon period, the dawn of the modern judicial system, fit in to the Institute for Korean Studies. overall Korean judicial history, by looking at how Western civilization and modern judicial knowledge were introduced and institutionalized from the It is my hope that the publication of Volume II of the ≪Judicial History Ma- opening of Joseon ports to foreign trade to the signing of the Korea-Japan terials Exhibition Sourcebook≫ will enhance understanding of the Korean Annexation Treaty. judicial history and legal culture by introducing the Korean judicial history materials to a broader audience abroad, and that in so doing, it will pave the The embrace and dissemination of modern judicial knowledge by the en- way for further promoting international judicial exchanges. lightened intellectuals of the late Joseon period contributed to raising public awareness of modern legal principles and ideas including freedom rights , , , June 2016 and judicial independence. Joseon’s first independent judicial body was es- tablished with the legislation of the <Court Organization Law> on March 25, KIM Kee Jurng 1895, based on the lunar calendar.
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