Earticle

초록

영어

In this article, I did a research on the ‘Illicit Goods(贓)’ of Joseon Dynasty that has both concepts of Illicit goods and bribes in modern criminal justice system. The Illicit Goods of Joseon Dynasty meant all property related to all types of illegal conduct, such as the property acquired through theft, the property used in criminal transactions, and the prohibited property. But the property acquired through theft in the Art. 287 ‘Supervisors or Custodians Themselves Stealing Money or Grain from Granaries or Treasuries’ of the Great Ming Code was categorized as bribes taken by officers in Joseon Dynasty. So a bribery case was called as Jang-o(贓汚) and a theft case was called as Jang-do(贓盜) in Joseon Dynasty.
I looked into substantial provisions on the Six Illicit Goods to illuminate the concept of them. I found out that the concept of Six Illicit Goods focuses on punishment proportionate to the quantity of the Illicit Goods. Thus calculation of the Illicit Goods was so important since punishment was determined by the amount of the Illicit Goods. The calculation method of the Illicit Goods was based upon the principle of the Most Serious Crime that was stipulated in Art. 25. ‘Sentencing on the Basis of the Punishment for the More Serious Crime When Two Crimes Are Discovered Together’ of the Great Ming Code. The calculation method of the Great Ming Code was clearer and simpler than that of the Tang Code.

목차

Ⅰ. 들어가며
 Ⅱ. ‘贓’ 개념의 포착
  1. 贓의 개념
  2. 贓의 용례
 Ⅲ. ‘贓’과 관련된 법체계
  1. 六贓
  2. 六贓의 확장
  3. 六贓의 성격
 Ⅳ. ‘贓’의 계산과 몰수
  1. 贓의 계산
  2. 贓의 몰수
 Ⅴ. 마치며
 참고문헌
 Abstract

키워드

저자

• 조지만 [ Cho, Ji Man | 아주대학교 법학전문대학원 부교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340