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The Mongol-Yüan laws(元律) and Koryo laws(高麗律) were used jointly since the intervention of Mongol-Yüan had started after the collapse of military regime. This brought about the disorder of Koryo laws. The first case on the Mongol-Yüan laws was the efforts for the change of slavery laws by ‘Georges’(闊里吉思) in the 26th year of King Chungyoul. Georges tried to reform the principle of Koryo laws from ‘Il-Chun-Jeug-Chun’(一賤則賤) to ‘Il-Ryang-Jeug-Ryang’(一良則良). Georges‘s effort to reform Koryo laws was broken down because the ruling class including King Chungyoul had recognized the law reform as the attack against the national system of Koryo. Thus, the ruling class opposed vigorously and Georges was withdrawn to Mongol-Yüan. However, King Chungsun, a son of King Chungyoul, was in an active position for adopting the Mongol-Yuan laws. King Chungsun was the first king who had tried to unify the Koryo laws and Mongol-Yüan laws. He recognized that both political systems of Mongul-Yüan and philosophical system, Neo-Confucianism, were much developed and valuable enough to be followed. Accordingly, King Chungsun tried to restructure the governmental systems of Koryo by adopting those of Mongul-Yüan, presenting political principles grounded on Confucianism in his restoration message. However, his efforts brought out severe oppositions of courtiers. The courtiers held fast strongly to critical position with a cause following Qubailai's system(‘Sae-Jo-Gu-Jae’:世祖舊制) and 'national tradition'(國俗). The conflicts became obvious after the downfall of King Chungsun from Mongul-Yüan. His cronies attempted ‘Ip-Sung-Chaek-Dong’(立省策動) which was a political move to incorporate Koryo into a local district of Mongul-Yüan. The recrown situation of King Chungsuk and King Chunghae, and the trouble on throne between King Chungsuk and King Sim aggravated the conflicts. Koryo got to use jointly Mongul-Yüan laws and Koryo laws as suffering repatriating of the king. The term, 'Koryo-GongSa-Samil'(高麗公事三日), showed political disorder in the late period of Koryo dynasty, which was the same situation in terms of application of laws. Consequently, the reorganization of Koryo laws was requested due to the above troubles. The compilation of new laws by Chung MongJu(鄭夢周) in the 4th year of King Gongyang was the last attempt to reorganize the legislative system during Koryo dynasty. The new laws were not be issued for the fall of Koryo dynasty a few months later. The laws were the unified code of laws which incorporated Dae-Myung-Yul(大明律) and Jijungjogyeok(至正條格) into Koyro laws. Thus, Koryo did not complete the code of laws for downfall of the dynasty and had to transfer the task to Juseon dynasty.

목차

I. 머리말
 II. 고려율의 존재여부와 내용
 III. 원 간섭기 원 법제의 導入과 고려율체제의 동요
  1. 闊里吉思의 고려법제 개혁시도
  2. 충선왕대 元法 도입론
 IV. 高麗律 ·元律의 충돌과 법전편찬 노력
  1. 重祥·空位政局과 法制의 혼란
  2. 鄭夢周의 新律 제정 시도
 V. 맺음말
 참고문헌
 Abstract

키워드

충선왕 법전편찬 정몽주 고려율 Georges(闊里吉思) King Chungsun Mongol-Yüan Laws Compile to the Code of Laws Chung Mong-Ju Koryo Laws 闊里吉思 元律

저자

• 金炯秀 [ 김형수 | 한국국학진흥원 책임연구위원 ]

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