In this blog post, we will examine whether legal stability and predictability were secured through the principle of the criminal law and the application of the presumption of innocence in the criminal law of the Joseon Dynasty.

 

Introduction

The principle of the criminal law is that any act must be defined as a crime and how that crime should be punished must be specified in advance in the written law. This is an important legal principle to ensure legal stability and predictability, and it prevents arbitrary judgments by judges and contributes to the implementation of the rule of law. Although it is considered an essential principle in the modern legal system, it is very interesting to see how this principle was applied in the historical legal system. In particular, the discussion on how this principle was implemented in the criminal law of the Joseon Dynasty is an interesting topic. In this article, I will analyze from various perspectives whether the principle of criminal law can be found in the criminal law of the Joseon Dynasty.

 

Characteristics of the Criminal Law of the Joseon Dynasty

The criminal law of the Joseon Dynasty had a codified system that specified the standards for punishment. The criminal law of the Joseon Dynasty followed a formalistic approach in which the type of crime, the status of the criminal or victim, and other factors were individually distinguished and the sentence was determined accordingly. This principle is the same as the principle of the separation of powers, in that it prevented judges from being influenced by external pressure and prevented them from making arbitrary decisions on whether a crime had been committed.
According to the “Danjoinryeoljo” of the Daemyeong-ryeol, which was applied as the general law of criminal law in the Joseon Dynasty, it was stated that when establishing a crime, one must follow the ryeol and punish the case accordingly. These regulations were intended to ensure legal stability and eliminate arbitrary judgments. However, because it was not possible to list all the cases, there were flaws in the law. To remedy this, the Joseon Dynasty had a concept called “in-yul-bi-bu” (引律比附).

 

In-yul-bi-bu and the principle of legality

In-yul-bi-bu means that if there is no law to determine the crime, the closest law among the laws should be applied to determine the crime and report it to the court of justice, and the court of justice should report it to the king for punishment. This shows an effort to prevent arbitrary judgments. However, this method leaves room for arbitrary inferences to intervene, which is why it is sometimes used as a basis for criticizing the criminal law of the Joseon Dynasty as violating the principle of criminal law based on the principle of criminal law.
On the other hand, there is also a view that the in-yulbi-boo was inevitable under the criminal law of the Joseon Dynasty. It is a method of applying the law that was mobilized to overcome the limitations of formalism, and it is a special method of interpretation that abstracts specific laws. This method of interpretation can be seen as an attempt to expand the scope of application of the law and fill in legal gaps.

 

Controversy and Modern Implications

There are two positions on whether the principle of legality can be found in the criminal law of the Joseon Dynasty. This debate is important for understanding how legal principles have been applied historically. In particular, it helps us understand the legal mindset and institutions of the Joseon Dynasty in comparison to the modern rule of law.
The criminal law of the Joseon Dynasty shows that there was an effort to pursue legal stability through formalism and the principle of legality. This has similar aspects to various interpretation methods to fill in legal gaps in the modern legal system. Therefore, the criminal law of the Joseon Dynasty allows us to gain a deeper understanding of the historical development of legal principles and their meaning.

 

Conclusion

Whether the principle of the criminal law of the Joseon Dynasty can be found in the criminal law of the Joseon Dynasty can be discussed from various perspectives. The legal system of the Joseon Dynasty sought legal stability and predictability based on written laws, and there were efforts to fill legal gaps through interpretive methods such as the principle of “in dubio pro reo.” In this respect, the criminal law of the Joseon Dynasty provides important historical implications when compared to the modern legal system. In the future, studying this historical legal system will contribute to the development of the modern legal system.