• Title/Summary/Keyword: Joseon legal history

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Major Medical Issues and Interests in the Joseon Dynasty - Focusing on Enforcement Laws (조선시대 주요 의료 관련 쟁점과 관심사 - 시행법령을 중심으로)

  • PARK Hun-pyeong
    • The Journal of Korean Medical History
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    • v.36 no.1
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    • pp.31-50
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    • 2023
  • Through this paper, all the provisions of the enforcement statutes stipulated in the Joseon's law code were investigated and major medical issues and interests in the Joseon Dynasty were analyzed. The characteristics of each period reviewed in the text are as follows. The early Joseon Dynasty is divided into three periods. First of all, Joseon filled the gap in the law with the active acceptance of the Ming Dynasty's law code, Daemyeongrul, which conformed to Confucian virtue. Next, the completion of Gyeonggukdaejeon was an opportunity to prepare the basis for Joseon's medical laws. Lastly, from the late 15th century to the 16th century, the existing medicine promotion measures and emphasis on hyangyak(domestic herb) continued. it can be said that Joseon's politicians needed a medical policy based on Confucian virtues and maintained state-led promotion policies, but on the other hand, there was no other alternative to try newly by reflecting the limitations and failures of the policy. The late Joseon Dynasty is also divided into three periods. First of all, the period from the late 16th century to the early 18th century was marked by the growth of families in technical positions. The era of King Yeongjo can be said to be the period of reorganization of medical related laws. Finally, the period after the late 18th century is a period of passive regulation and supplementation. Lastly, the revision of the actual medical law was not made or reflected in era of King Jeongjo. In the case of the early Joseon Dynasty, the policy shifted from state-led to families in technical positions. However, in the 19th century, the weakening of the royal authority led to the weakening of the overall administrative system of the country, and the pharmaceutical policy had to be limited.

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
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    • no.6
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    • pp.1-46
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    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

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Process of Institutionalization of Cultural Property in Taiwan and Comparison of Joseon (일제강점기 대만(臺灣)의 문화재 제도화 과정과 조선 비교)

  • Oh, Chun young
    • Korean Journal of Heritage: History & Science
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    • v.51 no.4
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    • pp.254-275
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    • 2018
  • Taiwan and Korea have common memories of colonization by Japan. Therefore, for researchers studying colonial times, the two countries are becoming good comparative studies. In this article, a comparison of cultural properties systems between Taiwan and Joseon revealed the following. First, from a legal point of view, Japan's internalism was reflected to some extent in Taiwan. Accordingly, Taiwan's "Enforcement regulations for Historical scenic spot scenic natural monument storage method(short, Enforcement regulations)" was subordinate to Japanese law, and the Joseon's "Enforcement ordinances for Treasure and Historical scenic spot scenic natural monument storage method in Joseon(short, Enforcement ordinances)" was less than the preservation order of Taiwan. But it is not possible to equate the two differences to Japan's oppressive levels. Second, while the Joseon's "Enforcement ordinances" enactment referred to relevant laws that were promulgated in Japan, it is highly likely that Taiwan's "Enforcement regulations" When establishing Joseon's "Enforcement ordinances" order, it is reasonable to assume that all laws concerning cultural properties of Japan and Taiwan were taken into consideration. Third, the difference between Taiwan and Joseon in the quantity and content designated as cultural properties was huge. The difference in the designated quantity between Taiwan and Joseon was the difference between traditional cultural resources between the two regions, which led to 14 times more cultural properties designated in Joseon than in Taiwan. And while nearly half of Taiwan's history was the vestiges of Japan's ruling power, few of the ancient sites designated by the Joseon had traces of Japanese ruling forces. This is the result of a difference in the views that the two powers had on cultural properties.

The Perception of ZhuXi School on Punishment and Law (형벌과 법제에 대한 주자학의 인식 연구 - 주희(朱熹)와 채침(蔡沉)의 『서경(書經)』 해석을 중심으로 -)

  • 오진솔
    • 유학연구
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    • v.49
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    • pp.265-290
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    • 2019
  • This paper examined the understanding of the laws and punishments of Zhu Xi School. Zhu Xi of Nan-song(南宋) is a scholar who influenced many later East Asian countries, including Joseon. When limited to Joseon, various academic and political thought used Zhu Xi's interpretation as a standard. Thus it is necessary to study Zhu Xi's thought of law to comprehend the Confucian countries. However, there are a few previous studies that deal with the legal ideas of Zhu Xi. In order to understand Zhu Xi's perception of the law, this paper will analyze the Book of History(書經) as a central text. The Book of History describes the system and the law of ancient China. It also deals with the origin and development of punishment and legislation, unlike other scriptures. However, Zhu Xi died before he finished his work, making a footnote of the Book of History. Following his work, Cai Shen(蔡沈) completed the interpretation of the Book of History. Therefore, it would be natural to think Zhu Xi and Cai Shen were in continuity. This paper figures out the recognition of Zhu Xi School on punishment and law by organizing the history of punishment and law in the Book of History. Furthermore, analyzes other papers of Zhu xi to know his perception of law and punishment.

A study on the Laws and Regulations of the Medical and Pharmaceutical System in Korea from the Modern Period to the Early Days of the Republic - Focusing on the Establishment of the Dualistic Medical and Pharmaceutical System - (근대부터 건국 초기까지의 의약체계 법령 고찰 - 이원적 의약체계 정립을 중심으로 -)

  • Eom, Seok-Ki;Kang, Bong-Seok;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.9-21
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    • 2013
  • Purpose : The purpose of this study was to analyze the history and characteristics of laws and regulations of the medical and pharmaceutical system in Korea-focusing on the Korean (Oriental) medical and pharmaceutical system-from the modern period to the early days of the Republic. We reviewed how traditional notions and categories of Oriental medicine, which were regarded as experiential and conventional, became part of the current dualistic medical and pharmaceutical system, and examined problems and effects during the course of positioning. Methods : We classified the development of the medical and pharmaceutical laws and regulations chronologically, from the Korean Empire to the beginning of the Republic. The abolishment of the traditional medical system that was based on laws and regulations of the Joseon Dynasty, the implementation of dualistic medical system in the Korean Empire, the attempt to demolish Korean (Oriental) medicine under the Japanese colonial rule, and the process of developing a statute-based continental law system were thoroughly reviewed. Results : Although the dualistic medical system was specified in legislation via the enactment of the National Medical Services Law in 1951, we found that it was actually enacted in 1963, when the laws and systems regarding the educational institution of Korean (Oriental) medicine were stably established. Moreover, the dualistic pharmaceutical system was specified in legislation through the partial amendment of the Pharmaceutical Affairs Act in 1994, but we concluded that the actual enactment was rather in 2000, when the first Korean (Oriental) pharmacist was produced. Discussions and conclusions : An effort to establish a dualistic medical system of Korean (Oriental) medicine and Western medicine during the Korean Empire bore fruit a few decades later, after the Republic of Korea was founded. It means the basis for the legal system finally took shape in spite of the numerous attempts during the Japanese colonial era and the beginning of the Republic to abolish Korean (Oriental) medical and pharmaceutical system.

Usages and Religious Takes on the Concept of Haewon (해원 개념의 용례와 종교적 전환)

  • Ko, Byoung-chul
    • Journal of the Daesoon Academy of Sciences
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    • v.39
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    • pp.1-32
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    • 2021
  • The purpose of this article is to explain the conceptual changes that the notion of Haewon (解冤) has undergone by examining the evolution of the usages of Haewon. In order to achieve this purpose, I reviewed the conceptual connotations and denotations of Haewon contained in data from the Joseon Dynasty (Section 2), the Japanese colonial period (Section 3), and the scriptures and major preceding research of Daesoon Jinrihoe (Section 4). The research results described in this article are as follows. First, Haewon is a term with historical, social, and cultural characteristics. This means that Haewon, a term that has been used since the Joseon Dynasty, was a concept used to solve collective problems but could also be applied on the individual level. This further means that, if culture is regarded as a collective consciousness or as a collection of material products, Haewon would be a term that contained social and cultural aspirations. Second, Haewon is not a concept that has been impervious to innovation throughout its history. This can be confirmed by the fact that Haewon's scope of application has changed depending on the problem domain (legal, natural disasters, an institutional domain, etc.). Third, Haewon has converted into religious language a doctrinal system that came about after the emergence of Jeungsan. This means that previously the concept of Haewon was mainly used at the legal level in the Joseon Dynasty, but after the emergence of Jeungsan, it became a term in religious language and in doctrine. The materials of Daesoon Jinrihoe show that this concept of Haewon was expanded to be included at the doctrinal level. These research results show a historical shift in the ideological thought contained in the concept of Haewon. As a term in religious language that is included in a doctrinal system, Haewon has an extension of denotations that is applied to the world beyond individuals and societies, yet it maintains connotations of resolving grievances. This concept of Haewon mediates the transformation of the world and creates a rationale by which training and ethical practice are necessary components of that process of transformation.

A Study on the History and Species of Street Trees in Seoul (서울시 가로수 역사와 수목 고찰)

  • Song, Suk-Ho;Kim, Min-Kyung
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.58-67
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    • 2020
  • The present study was conducted as part of basic research for selecting species of street trees with historical value in Seoul. It also made up a list of traditional landscape trees for a variety of alternatives. The following results are shown below. As to the history of street trees in Korea, records on to-be-estimated street trees are found in historical documents written in King Yangwon during the second year of Goguryeo Dynasty (546) and King Myeongjong during 27 year of Goryeo (1197). However, it is assumed that lack of clarity is found in historical records. During the 23 year of King Sejong in the early Joseon Dynasty (1441), the record showed that the state planted street trees as guideposts on the postal road. The records revealed that Ulmus spp. and Salix spp. were planted as guidance trees. The street tree system was performed in the early Joseon Dynasty as recorded in the first year of King Danjong document. Pinus densiflora, Pinus koraiensis, Pyrus pyrifolia var. culta, Castanea crenata, Styphnolobium japonicum and Salix spp. were planted along the avenue at both left and right sides. Morus alba were planted on streets during the five year of King Sejo (1459). As illustrated in pieces Apgujeong by painter Jeongseon and Jinheonmajeongsaekdo in the reign of King Yeongjo, street trees were planted. This arrangement is associated with a number of elements such as king procession, major entrance roads in Seoul, place for horse markets, prevention of roads from flood and indication. In the reign of King Jeongjo, there are many cases related to planting Pinus densiflora, Abies holophylla and Salix spp. for king procession. Turning king roads and related areas into sanctuaries is considered as technique for planting street trees. During the 32 year of King Gojong after opening ports (1985), the state promoted planting trees along both sides of roads. At the time, many Populus davidiana called white poplars were planted as rapidly growing street trees. There are 17 taxa in the Era of Three Kingdoms records, 31 taxa in Goryeo Dynasty records and 55 taxa in Joseon Dynasty records, respectively, described in historical documents to be available for being planted as street trees in Seoul. 16 taxa are recorded in three periods, which are Era of Three Kingdoms, Goryeo Dynasty and Joseon Dynasty. These taxa can be seen as relatively excellent ones in terms of historical value. The introduction of alien plants and legal improvement in the Japanese colonial period resulted in modernization of street tree planting system. Under the six-year street tree planting plan (1934-1940) implemented as part of expanding metropolitan areas outside the capital launched in 1936, four major street trees of top 10 taxa were a Populus deltoides, Populus nigra var. italica, Populus davidiana, Populus alba. The remaining six trees were Salix babylonica, Robinia pseudoacacia, platanus orientalis, Platanus occidentalis, Ginkgo biloba, and Acer negundo. Beginning in the mid- and late 1930s, platanus orientalis, Platanus occidentalis were introduced into Korea as new taxa of street trees and planted in many regions. Beginning on 1942, Ailanthus altissima was recommended as street trees for the purpose of producing silks. In 1957 after liberation, major street tree taxa included Platanus occidentalis, Ginkgo biloba, Populus nigra var. italica, Ailanthus altissima, Populus deltoides and Salix babylonica. The rank of major street tree species planted in the Japanese colonial period had changed. Tree planting trend around that period primarily representing Platanus occidentalis and Ginkgo biloba still holds true until now.