高麗前期의 流配刑

김난옥(Kim Nan-Ok) 한국사연구회 2003 한국사연구 Vol.121 No.-

According to the Criminal Law laid down in the Goryeosa, exile fell into three categories: those sent 2,000 li, 2,500 li, and 3,000 li away from the capital. However, due to geographical conditions, exile was actually divided into Gunji (close exile), Wonji (remote exile), and exile to an island. Considered from the point of view of an individual living on the mainland, while Wonji was a more serious punishment than Gunii, it was still better than being sent to an island. The most serious crimes for which exile could be prescribed were rebellion, treason, and failure to take care of one's parents. In the case of rebellions and treason, exile was usually meted out as punishment to those who, while having participated in the movement, were not in the leadership group, and to those whose crimes were not of a serious nature. On occasion, individuals who acted immorally, such as, killing their mother-in-law, wife, or brother, or who were convicted of bribery or treachery, were exiled to remote places. In addition, there were occasions when individuals were exiled because of a specific political situation, such as, political infighting. When implementing the punishment of exile. Jeoljang was sometimes included as well. Sap my eon or Jaja was also sometimes implemented, depending on the seriousness of the crimes. Sokdong, which was a system through which the accused could prevail by paying a fine, was not permitted for anybody. Those people who were allowed to use the Sokdong system were government officials, or those who belonged to the same class. Moreover, there were special cases, such as crimes committed by a disabled person where only one crime could be punished at a time. The Baeyeok imprisonment period-was decided based on one's social status. As punishment was based on the culprit's social class and the nature of his crime, the same can be said to have applied to the length of exile. However, the most important fact is that in cases where two individuals were accused of the same crime, it was social status that influenced the length of exile. Different terms of imprisonment for the same crimes were often decided upon, and sometimes, a private slave was exiled in place of his owner. Thus, this social status mentality, which separated the noble and common classes, and people of high/low social status, played an important role on the prosecution of crimes and on the subsequent punishment.

고려시대 所의 편제방식과 所民의 사회적 지위

金蘭玉(Kim Nan-Ok) 역사교육연구회 2011 역사교육 Vol.120 No.-

While the so(所) was included within the bugok(部曲, special administrative districts of lowborn class) system, it differed from communities such as hyang(鄕) and bugok(部曲) in terms of its organizational method and tax collection structure. Differences were also exhibited across different periods. The so, which served as a village within the gun and hyeon administrative system during early Goryeo, was organized under the control of government districts. The products produced in the so were in principle collected by the administrative units who had jurisdiction over them. However, in the case of certain types of products, the residents of the so directly submitted the goods to the relevant agency of the central government or delivered them to the area from which the demand emanated. As they belonged to the same jurisdiction as the residents of the gun and hyeon, the residents of ‘early-Goryeo’ so were not, at least superficially, distinguished from those of the gun and hyeon. Unlike the so of ‘early-Goryeo’ which did not have any government officials holding the position of sori(所吏) or sosa(所司) assigned to them, such government officials (sori) were set up to assume control over the actual work duties related to tribute taxes within the so of ‘late-Goryeo.’ In this regard, the exploitation or subjugation of the so began in a full-scale manner from the 13th century onwards. The desire to seize control over the so by power organizations or people such as the royal family and Buddhist monasteries and temples became more intense during the final period of Goryeo. To this end, powerful households or individuals’ placing of the residents of the so under their direct control in a manner that circumvented their registration with the state(蔭戶, eumho) proved to be an outstanding characteristic of the so system of ‘late-Goryeo’.

여원관계의 전개와 征東行省理問所의 위상

김난옥(Kim, Nan-Ok) 한국사연구회 2016 한국사연구 Vol.- No.174

고려후기 몽골 관직의 承襲과 君臣關係

김난옥(Kim, Nan-Ok) 한국사연구회 2017 한국사연구 Vol.- No.179

충혜왕비 덕녕공주의 정치적 역할과 위상

김난옥(Kim Nan Ok) 한국인물사연구소 2010 한국인물사연구 Vol.14 No.-

고려 靖宗代 入仕와 직역 승계 규정

김난옥(Kim, Nan-Ok) 한국사연구회 2020 한국사연구 Vol.- No.188

여말선초 족보와 사회상 여말선초 선조의식(先祖意識)과 족보편찬의 신분적 배경

김난옥 ( Nan Ok Kim ) 한국중세사학회 2008 한국중세사연구 Vol.0 No.25

고려시대 국자감의 입학기준과 그 의미

김난옥 ( Kim Nan-ok ) 한국중세사학회 2021 한국중세사연구 Vol.0 No.64

During Goryeo Dynasty, Gukjagam was the leading educational institute, which was established in the beginning of the dynasty. Admission to and studying at Gukjagam was an important preparatory course to take gwageo examination later. The educational system or haksik(學式) introduced in Shikmokdogam during the reign of King Injong summarizes the school system and management of Gukjagam. Specifically, the admission criteria and the list of disqualifications show the intention of establishing Gukjagam and how it was managed. Mostly, the admission criteria of Goryeo educational institutes replicated those of Tang Dynasty where seoin(庶人) or ordinary people were allowed to learn samunhak(四門學) in the department of Confucian study that also included gukjahak(國子學) and taehak(太學). However, in Goryeo, the department of Confucian study did not accept seoin, and they were only allowed in the department of practical studies such yulhak(律學) that were classified as a study of general knowledge or japhak(雜學). Moreover, the list of disqualifications was explicitly stated, suggesting a very restrictive admission criteria of Gukjagam compared to educational institutes in Tang. For instance, people engaged in base work-e.g. japro(雜路), mechanical work(gong, 工), commerce(sang, 商), entertainment(ak, 樂)-or descendents of cheonin, hyangin, bugokin could not attend Gukjagam as they were treated poorly due to either social standing or occupation. Those who got married among close relatives(大·小功親) or did not follow a right way of living or gado(家道) were also banned, and this exclusion of offsprings from an intermarriage reflects ethical code of Confucianism. Those who were sent home for committing akyeok(惡逆) or sajoe(私罪) were also banned from attending Gukjagam. Meanwhile, a majority of those disqualified to attend Gukjagam for low social standing or occupation did have little chance of studying at Gukjagam at any rate. Nonetheless, criteria for disqualification were explicitly stated as a preemptive measure to rigorously screen unqualified students. Educational institutes in Goryeo did not accommodate admission criteria of Song Gukjagam which grew more flexible than during Tang Dynasty, and applied much more rigorous admission criteria even when they replicated Tang system. The list of disqualifications for admission to Gukjagam in Goryeo clearly shows the exclusion of certain social class or occupations at the time. Still, admission of seoin was partly allowed in the department of practical studies at Gukjagam, while Gukhak in Shilla Dynasty only admitted people of dupum or upper class, and this relative ‘openness’ compared to the earlier periods is noteworthy.

고려시대 사서의 (士庶) 용례와 (用例) 신분적 의미

김난옥 ( Nan Ok Kim ) 고려대학교 역사연구소 1997 사총 Vol.46 No.-

고려말 詩文 교류와 인적관계

김난옥(Kim, Nan-Ok) 고려사학회 2015 한국사학보 Vol.- No.61

『동문선』 의 詩文연구를 통해 『高麗史』 나 『高麗史節要』 와 같은 官撰史書에 잘 드러나지 않은 인적관계나 정치상황을 보다 구체화시킬 수 있다. 『동문선』 에는 辛裔에게준 餞別詩가 여러 편 수록되어 있는데, 신예가 원나라 관직을 제수 받아 고려를 떠날 때 지어준 分韻聯章이 대표적이다. 李齊賢의 『送辛員外北上序』 에 의하면 28명이 韻字를 나누어 신예에게 詩를 선사하였다. 『고려사』 등에 나타나는 신예의 官歷과 전별시등의 내용을 분석하면, 이 詩들은 신예가 충목왕 2년(1346)에 고려에 왔다가 다시 元나라로 돌아가는 시점에 작성되었다. 정도의 차이가 있지만 대부분의 詩는 신예의 능력과 품성을 찬양하는 詩句가 많다. 송별시라는 점을 감안하여도 忠惠王의 被執에 적극적으로 개입한 신예에 대한 표현치고는 지나치다. 전별시 작성자는 辛裔의 친구이거나 元나라에서의 체류나 使行과 같은 공통점을 가지고 있었으며, 忠穆王代에 신예와 더불어 書筵官을 역임한 인물이 다수였다. 또한 이들은 서로 중복되는 인적관계를 맺고 있었으며, 李穀과도 交流한 자취를 찾을 수 있다. 신예가 주로 활동한 시기의 정치적 상황과 교유한 인물들의 행보를 보면, 대부분 신예의 국왕에 대한 不忠한 행위나 ‘附元的인’ 태도에 대해 별다른 비판을 제기하지 않았다. 원나라와의 관계 속에서 고려의 왕권이 매우 불안정하였음에도 불구하고 국왕에 대한 ‘충성’보다는 권력을 농단하던 신예에게 ‘아부’하려는 태도가 더 두드러졌다. 따라서 국왕이 被執되어도 신하로서의 절의를 지키지 않는 官人들이 오히려 다수를 차지했던 高麗末 政界의 실상을 잘 보여준다. By examining poetry and prose in Dongmunsun, the personal relationship and political circumstances of the time can be understood more vividly, which are not clearly described in official records such as Goryeosa and Goryeosajeolyo that were published by the government. Dongmunsun contains many farewell poems dedicated to Shinye, including Bununyeonjang that was written when Shinye left Goryeo for Yuan to take a position of government official. According to Lee Jehyun’s book on sending Shinye to Yuan (Songshinwonoebuksangseo), 28 people were given different rhyming characters (“unja”) and wrote poem respectively for Shinye. According to an analysis of the career records of Shinye and farewell poems written for him in Goryeosa, the poems were written when Shinye returned to Yuan after visiting Goryeo in the second year of reigning by King Chungmok(1346). Most poems are a praise of Shinye’s abilities and personality, albeit at a varying degree. Even considering that they are farewell poems, the praise seems excessive for someone who was actively involved in detainment of King Chunghye. The writers of the poems were either friends of Shinye, or had experience of staying in Yuan or visiting Yuan as a foreign envoy, and many of them were officials that attended lectures and teachings for princes (“seoyeongwan”) at the same time with Shinye during the reigning by King Chungmok. Their acquaintances and relationships overlapped extensively, and it can be seen that they also had exchanges with Lee Gok. The political circumstances of the time and behaviors of people who had exchanges with Shinye show that, most of them did not criticize disloyalty of Shinye or his pro-Yuan attitude. Despite a very unstable status of Goryeo’s king in its relationship with Yuan, the poems show that the writers cared more about ‘flattering“ Shinye who had political power, than giving ’loyalty’ to the king.