준 이론적 건조 모델을 사용하여 슬러리 상 피 건조물의 건조 특성 분석에 대한 연구

심재우(Jae Woo Sim),오상현(Sang Hyun Oh),김성일(Sung Il Kim),박기호(Ki Ho Park) 대한기계학회 2021 대한기계학회 춘추학술대회 Vol.2021 No.5

조선 후기 충청도 연기지역의 민장과 갈등 양상

심재우(Sim, Jae-woo) 한국학중앙연구원 2014 한국학 Vol.37 No.1

『訓局謄錄』 인조~영조 대 上言에 대한 연구

심재우(Sim, Jae-woo) 한국학중앙연구원 2015 장서각 Vol.0 No.33

이 글은 『訓局謄錄』에 수록된 인조 대부터 영조 대까지의 上言을 살펴봄으로써, 도감 운영과 관련하여 제기되었던 제반 문제점과 군병들의 생활상을 해명하는 것이 목적이다. 『훈국등록』은 현재 韓國學中央硏究院 藏書閣에 소장되어 있으며, 『훈국등록』에 실린 上言은 훈련도감 소속 軍兵, 그리고 훈련도감 관련 백성들이 자신들의 억울한 처지를 국왕에게 호소하는 내용이다. 이들 상언은 훈련도감의 운영이나 군병들의 존재양상 등과 관련하여 다른 자료에서는 찾기 어려운 내용을 구체적으로 담고 있다는 장점 때문에 당시 훈련도감 운영의 제 문제, 군병들의 삶의 일단을 보여준다. 상언의 내용은 훈련도감 소속 軍兵이나 軍保에 차정된 것을 빼달라는 요구가 가장 많았고, 도감 소속 군병들의 처우 개선과 관련한 요구도 적지 않았다. 이밖에 각종 施賞 및 恩典을 베풀어 줄 것을 요구하는 것, 훈련도감 군병들의 亂廛 행위를 막아달라는 市廛 상인들의 요청 등 다양하다. 이들 상언의 처리과정을 분석해본 결과 훈련도감에서 소속 군병을 확보하는 과정에 여러 가지 문제점이 표출되었으며, 아울러 給料兵임에도 불구하고 잦은 급료 인하등이 군병들의 불만을 가져왔고 이것이 상언이라는 청원으로 표출되기도 하였음을 알 수 있었다. 이밖에도 훈련도감을 둘러싸고 제기된 다양한 민원의 실체를 각종 상언을 통해서 확인할 수 있었다. Analyzed in this article are the Sang’eon (上言) documents, submitted to the government during the reigns of kings from Injo to Yeongjo, meant for the king’s eyes and then collected in Hun’guk Deung’rok (訓局謄錄), in order to determine the problems that cropped up in the operations of the Hun’ryeon Dogam office and examine the actual living conditions of the soldiers of the time as well. Hun’guk Deung’rok is now in custody of the Jangseogak (藏書閣) archives at the Academy of Korean Studies, and the Sang’eon materials collected here in this book contain invaluable information regarding how the soldiers stationed at the Hun’ryeon Dogam office or ordinary citizens who were related to it tried to convey their frustrations and appeals to the authorities, and most of all, the king. These materials are full of details which let us know the operational functions of the Hun’ryeon Dogam office and the everyday lives of the soldiers, which are hard to come by in examination of other sources of information. The most frequent requests filed in these Sang’eon appeals were the ones asking to be excluded or exempted from military services [軍兵] or reserve duties [軍保] inside of or related to the Hun’ryeon Dogam office, as well as demands for better treatments, especially from the soldiers. They also asked for more rewards for their services, and in some cases they themselves became the object of appeals, as some Sang’eon materials describe the marketplace merchants’ demands that the soldiers must be banned from engaging in unauthorized commercial transactions [亂廛]. Analysis of how these requests submitted in the form of Sang’eon appeals were actually processed and resolved reveals that indeed many problems and malpractices surfaced in the Hun’ryeon Dogam office’s attempts to secure more soldiers. Examination also reveals that the soldiers suffered from continuous cuts in their salaries, which prompted them to file so many Sang’eon appeals in the first place. The issues described in these Sang’eon materials were more than diverse.

조선시대 소송제도와 외지부(外知部)의 활동

沈載祐 ( Sim Jae-woo ) 명청사학회 2016 명청사연구 Vol.0 No.46

Attempted in this article is to determine the characteristics and defining qualities of the Joseon era trial system, in terms of its differences from its Chinese counterpart as well as some similarities with it. First discussed here are various aspects of Joseon trials, and also the apparent nature of the trial system itself. Subsequently examined is the Weji-bu(外知部) entities, who served as trial experts and also representatives in court. The point raised in this article is that a years-old notion which had believed that Korean people in the past had a rather conservative mind-set which tried to avoid trials at all cost could not be farther from the truth and therefore is nothing but a misconception. In the Joseon period legal fights and lawsuits which intended to protect civil rights and properties took place rather frequently in local regions. We can see that from not only the trial system itself of the time but also various records including 『Minjang Chibu-chaek(民狀置簿冊)』, which was a compilation of civil appeals(訴狀) submitted to local prefects with the intention to launch lawsuits. This article strongly argues that such trend of actually ‘favoring lawsuits(好訟)' could be attributed to the open atmosphere of the Joseon society that did not see such actions as a vice at all, and also the Joseon system that allowed civilians to launch lawsuits relatively freely. Also examined here, alongside characteristics of the Joseon trial system, is the role that was played by the Weji-bu(外知部) entities, who were virtually ‘representatives in court.’ Examination of their actions shows us that the service of these entities had been required even since the early days of the dynasty. They involved themselves in the proceedings of the case, and represented the interests of their clients in the court. Some of them even served in the capacity of scriveners(代書人) or lawyers which we can see today, as they were well versed in legal codes and were also armed with necessary information usually involved in court actions. The Joseon government was not fond of their activities, as it was the government’s general view that these Weji-bu entities were inciting legal fights and were practicing law in an illegal fashion. They usually punished them heavily, even in the latter half of the dynasty. As a result, just like the Songsa(訟師: Lawsuit consultants) entities who operated during the Ming anc Qing periods, Weji-bu entitles had to go beyond legal boundaries and covertly operate. Although the modern adversarial system based upon lawyers’ service in court was only established after the Gabo-year reforms, it is clear that the Weji-bu tradition of Joseon served as a platform for such a new establishment of a modern legal system.

19세기 전반 충청도 지역 지방통치와 사회문제 연구

심재우(Sim, Jae-woo) 한국역사민속학회 2008 역사민속학 Vol.- No.26

본고는 1833년 충청도 지역에 파견된 암행어사 황협이 남긴 『繡行紀事』 자료의 분석을 통해 19세기 전반 이 지역 지방관의 실태와 사회문제를 살펴보고, 이에 대한 정부의 대응책을 검토하는 것이 목적이다. 이를 위해 먼저 순조대 암행어사 파견의 특징을 살펴보고, 황협의 보고서가 처리되는 과정을 추적하였다. 분석 내용은 대략 다음과 같다. 첫째, 순조대에는 재위 35년간 총 56회의 암행어사가 파견되었으며, 특히 三南 지역은 대체로 어사가 5년에 한 번씩 정기적으로 파견되었다. 둘째, 1833년에는 모두 4명의 암행어사가 지방에 파견되었으며, 충청도의 경우 좌도와 우도 두 곳에 파견되었다. 우도에 파견된 암행어사 황협은 약 5개월간에 걸쳐 조사한 염탐 자료를 書啓?別單의 형태로 조정에 보고하였다. 셋째, 황협이 제출한 서계?별단을 통해 당시 이 지역 수령통치, 사회문제의 실상을 확인할 수 있었다. 19세기 전반 다른 지역에서와 마찬가지로 부세 제도 운영의 문란, 지방관의 비리, 지역의 특수한 폐단 등이 확인되었다. 넷째, 정부는 황협의 보고를 토대로 비리 지방관의 처벌, 사회문제의 개선책 등을 내놓았다. 이를 통해 볼 때 전체적으로 이 시기 국가 기구의 위기관리 시스템은 작동하고 있었다고 볼 수 있다. 다만 지방관의 징계 효과가 크지 않았고, 제반 문제에 대한 근본적인 제도 개혁 조치를 마련하지 못한 점은 정부 대응책의 한계로 지적할 수 있다.

조선시대 능지처사형 집행의 실상과 그특징

심재우 ( Jae Woo Sim ) 한국사회사학회 2011 사회와 역사 Vol.0 No.90

이 본 논문은 능지처참으로 잘 알려진 조선시대 능지처사(Death by a Thousand Cuts) 형벌에 관한 규정, 실제 집행 사례 등을 검토함으로써 중국에서 시행된 능지처사형과 비교사적 고찰을 시도하는 것이 목적이다. 중국 역사 속에서 오랜 세월 지속되었던 능지처사형은 조선왕조 수도 한양에서도 볼 수 있었다. 『조선왕조실록』의 기록에 의하면 1894년 갑오개혁으로 폐지되기 전까지 조선시대 내내 능지처참의 극형이 종종 시행된 사실을 확인할 수 있다. 조선시대에는 명나라의 『대명률(大明律)』을 형법으로 사용하였기 때문에, 중국과 마찬가지로 반역자와 함께 살인을 저지른 패륜아ㆍ흉악범들은 능지처참으로 처단하는 것이 원칙이었다. 그런데 조선에서 능지처사형의 집행 방법은 중국의 경우와는 달리 대개 소나 말이 끄는 수레에 죄인의 팔다리와 목을 매달아 찢어 죽이는 거열(車裂)로 대신했다. 그리고 거열 후 절단된 머리는 효시(梟示)라 하여 3일간 매달아 두었으며, 잘라낸 팔과 다리는 팔도의 각 지역에 돌려보이게 하였다. 한편, 역모에 연루된 죄인을 거열할 때에 국왕은 경각심을 불러일으키기 위해 모든 관리들을 군기시(軍器寺) 앞길에 빙 둘러서게 한 다음 싫든 좋든 거열하는 장면을 보도록 했는데, 세조가 사육신(死六臣)을 비롯한 관련 죄수를 처단할 때 이같이 지시한 것이 그 한 예이다. 조선에서 시행된 능지처사형의 기능과 목적이 중국과 유사한 점이 많지만, 시행방법 등에서는 차이가 존재하였다. 본 논문에서는 동양의 잔혹한 신체절단 형벌의 대명사로 인식되고 있는 능지처사 형벌이 조선에서는 어떻게 시행되었는지 구체적으로 확인함으로써, 한국의 형벌문화가 갖는 특징을 살펴보았다. In this article, the ‘Neungji Cheosa(凌遲處死)’ penalty practice (“Death by a Thousand cuts”) of the Joseon period is examined in terms of regulations and real examples, so that we could compare the nature of such practice with the same penalty that was executed inside China as well. The penalty nicknamed as “Death by a Thousand cuts” had been in use inside China for a long time, and it was also used by the Joseon people especially in the dynasty`s capital. According to the 『Annals of the Joseon Dynasty』, the penalty continued to be exacted throughout the entire Joseon period, and was discontinued only in 1894 when the Gabo-year reforms proceeded. The Joseon people were using the Chinese Ming dynasty`s 『Dae`Myeong-ryul(大明律)』 code as its primary penal code as well, so they used to punish people who committed the most heinous crimes as a human, or perpetrated seriously treasonous actions that would harm the country, with this particular penalty. Yet unlike China, Joseon rather used the method of tearing the person`s body by fixing the person`s neck, arms and legs to carts instructed to race in all directions after they were firmly tied to the person`s body(“車裂”). Then, after the person`sbody was literally torn apart, the head was put on a display for three days, and the person`s severed arms and legs were put on a tour that circulated the local offices throughout the country. And whenever a criminal who was charged with treason was to be executed, the king ordered all governmental officials to stand along the road in front of the Gun`gi-shi(軍器寺) office, and watch the person being torn no matter they would like it or not, in order to arouse the officials` attention to the price they could pay for disloyalty in the future. For example, King Sejo ordered the officials to do so, when he executed the Six honorary officials(死六臣) who had tried to assassinate Sejo and reinstate the late king Danjong. In short, there were many similarities between Joseon`s said penalty and the Chinese one in terms of its objectives and its functions, yet there was also a distinct difference between them as well, especially in the ways they were actually implemented. By having a correct understanding of how the Joseon people exacted such practice, which has been considered as being one of the prime examples of Asia`s most cruel body-tearing penalties, we could examine the unique nature of Korea`s penalties and the culture that was formed around it.

조선시대의 법과 여성의 몸

심재우(Sim, Jae-Woo) 역사실학회 2013 역사와실학 Vol.51 No.-

Regarding the lives of the Joseon females, many studies and researches have already been announced. Comprehensive studies of the females’ status, living conditions, inheritance of property, wedding fashions, discrimination of females inside the family, motifs of conflicts portrayed in literature, have all been published. Results of these studies reveal that the women of the Joseon society led a life that was more complicated than previously believed. Because of the constraints of the social class system, and also because of the Neo-Confucian morality, the scope of their lives was narrow. Their activities were controlled and restrained against their own will, not only socially but also institutionally. Recently, historical studies of the females, which began to feature a new trend of examining female-related crimes documented in law codes or legal documents, have expanded to the extent of covering several issues that include the reality of female discrimination, the gender-based roles of the females, and also how political power exhibited itself within the issue of fidelity. All these researches are trying to determine the contents and nature of the lives of females who were discriminated and neglected by their own family members including their husbands, in late Joseon dynasty. I examined all the special laws concerning the females and the penal law, and also how the female criminals were regarded. The previous belief that the overall image of the females were negative, should be modified accordingly. In this article, the females’ fashion of existence inside a legal environment and a Confucian penal system, was examined through special legal regulations concerning females. Our view of the females in the past have to be rectified. Confucianism had been criticized by Feminism. Through this analysis, whether or not bridges could be built between Confucianism and women was contemplated.

역사 속의 박문수와 암행어사로의 형상화

심재우(Sim Jae-woo) 역사실학회 2010 역사와실학 Vol.41 No.-

Examined in this article is how Park Mun Su, a governmental official from the reign of king Yeongjo, became a legendary secret inspector and also a renowned figure, who is well remembered and honored even today. His service as a secret inspector was not that long, and in fact it was only for a few months. So, why did he, among all the countless secret inspectors who were dispatched to local areas by the Joseon government, became a representative model of such figures, is the main focus of attention in this article. In order to initiate the task, first the life of Park Mun Su and his service in the Joseon government are examined. Also, the government's evaluation of Park's service, the images of Park portrayed in various tales and stories, and the Koreans' perception of Park Mun Su in the modern period of Korea as portrayed in 『Park Mun Su-jeon(朴文秀傳)』, a novel authored during the Japanese occupation period, are all examined. As a result, it is determined that there were indeed some differences among people's evaluation and perception of Park Mun Su, according to their classes and their time periods. It seems that Park Mun Su was a person with a strong will and character, and always wanted to serve the public. In that regard he was a very attractive figure, and was very much trusted by king Yeongjo. Yet at the same time, he was not so much of an academician, and he also had a short temper. The image of Park, and the real Park, was indeed different in more than a few ways. In short, we can say that a somewhat exaggerated image of Park Mun Su was introduced to the general public in the 20th century. And the aforementioned novel『Park Mun Su-jeon』 which was published during the Japanese occupation period, and other biographies of him that were released in the 1970s and 1980s, only solidified such image. He became a staple figure in the history of the government's secret inspectors, and also an outstanding heroic figure who served the Korean country well. And such transformation in the public's perception of him, had very much to do with the social condition and atmosphere of the 20th century Korea as well.

영조대 정치범 처벌을 통해 본 법과 정치

심재우(Sim Jae-woo) 한국학중앙연구원 2010 한국학 Vol.33 No.4

조선후기 단성 지역 정배인의 존재 양태

심재우(Jae Woo Sim) 일지사 2001 韓國學報 Vol.27 No.1

N/A