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This paper is intended to serve an introduction to the topic of his corrections thought of Chong Yak-Yong(pen name : Tasan or Yoyudang，1762-1836) as an Sirhak Scholor in the nineteenth Century，by the Mokminsimso，one of his main works. He was banished to a region in 1801，where he remained 18 years，during this exile，he worked out in detail his reform ideas，Sirhak Ideology. His theory of statecraft and his reform ideas have been well compiled in his trilogy of works，Kyeongseyupyo(經世遺表)(1817) on central government organizationㆍMokminsimso(牧民心書)(1818) on local administrationㆍHumhumsinso(欽欽新書)(1819) on criminal administration.
Despite the rise of importance on his traditional legal thought and legal systems so far，very little has been done in this direction. Former studies are mainly focused on legal theory(thesis on law) between Ye(禮) and law as legal source，on the one hand，and his　criminal policy in　the book Humhumsinso, on　the　other　hand. But in our view，both attitudes on this two directions are too limited.
My approach in this paper is based on the main texts of Mokminsimso, which treats the good attitude as a local adminstratins officers，mogmingwan, who were an administrative officier，a local judge and correction officer in those days, and in this point，had important role as a local law enforcement officer.
Before developing this analysis，to understand it more correctly，it's necessary to consider that we briefly survey its contents : 12 parts 72 articles, and among the rest，most important and is worth examining，are the third part Bonggong (Execution of the official duties) article 2 : Subeob (Observance of the law) and the ninth part Hyengjeon (Penal Code). The latter is again consist of 6 articles，which are as follows : Hearing of a law suit (Chengsong)，Prison penalty and its execution (Danok)，Discretion of the penalty (Sinheong)，Tolerance on prisoners (Hyulsu)，Prohibitions of abuse (Kumpok)，Prevention of social harms (Jehai).
In　the　next　chapter，we　will　first　consider　the　definition　of　the　law　in　his　book　and　then　the　judgement，its　penalty　and　its　execution　of　a　crime.
First　of　all， as regards law， he contends that　it is the order of the　king，so should be followed and decision should be based on this law.
Next　he　explains　the　objective of law enforcement(judgement and corrections),　which　is　a　finding　of　the true facts　and　the　victims　protections， and　the　fundamental　attitude　of　a trial， which　should be　clear， prudent　and　with　all　attentions.　The　judgment on crime and law enforcement　is　the　same　principles as　it， which　is　discret， fair，strict，and also quick. He also gives emphasis to judgement by evidence of a crime， rohibition of harsh treatment in the examination of a crime.
In　his　opinion， the objective of a punishment is derterrence and rehabilitation. Detailed classification of　a　crime　and prohibition　of　exceeding the limit　of　penalty， protection of the weak， for example， women， the aged， a children is also emphasized for this objective. In that time， when local govenors are　ignorant of crimimal rules， and recklessly tortured， gets confession， and makes a decision based on it， he tries to prevent abused punishment and gurantee human rights，and those are　his　main　reform　ideas. Also a deep interest in the human rights is　given　in the execution of a sentence.　
In general terms， despite the social constraints　of　those　days， what　we can　see in　this paper， is　his　legal　thought　of pragmatism， humanism as silhak 　scholar， many pioneering advanced　idea　about　guarantee of human　rights， protection of the weak， through all the process of the inquiry， judgement， and　its execution and corrections　of　a　judgement　and　a　penalty. In particular， some of　the　reforms　of　a　trial and a　prison　he　shows， are　applicable also in light of today's criminal policy.
Certainly， this paper is limited a little in scope. There are a number of problems that remain to be explored. Further studies on different large scale assessments, are necessary， especially， his another two of three books on statecraft and moreover commentary on the Six Classics and the Four Books and another works(Yoyudangjeonseo). we hope that the present paper will be a step toward a richer and more inclusive understanding of the true reform legal ideas and practices of our great scholar.

목차

I. 머리말
 II. 법에 관한 정약용의 저술에 관한 선행연구
 III. 목민심서의 편제와 법ㆍ교정에 관한 내용
 IV. 목민심서에서의 법과 교정
  1. 법에 대한 인식과 法源
  2. 소송의 기본목적
  3. 재판과 법집행
   가. 범죄에 대한 판결과 형벌
   나. 신중한 판결과 형벌부과
   다. 교정(행형)에서의 수형자의 기본권보장
   라. 범죄예방
   마. 법학의 전문적 연구의 필요성
 V. 맺음말
 Resume

키워드

저자

• 김성수 [ Kim, Seong-Soo | 경찰대 법학과(Korea Nat‘l PoliceUniv. civil law) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  교정담론

• 간기

  연3회

• pISSN

  1976-9121

• eISSN

  2713-5241

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 364 DDC 345