고려시대 연고지 유배형의 성격과 전개 = Goryeo`s Punishment of Exile to a Place in Connection with the Criminal -Characteristics and Development-

다국어 초록 (Multilingual Abstract)

As can be confirmed in Five Punishments(五刑) code and Standard Implements of Punishment(刑杖式) of ≪Goryeosa(高麗史)≫, Goryeo adopted Song``s penal system, which executed the Replacement Punishment of Flogging(折杖法) on the basis of Five Punishments. The Replacement Punishment of Flogging was a penal law to replace four of Five Punishments (excluding the capital punishments), 笞, 杖, 徒, 流, with flogging and forced labor. Song Dynasty developed Pyeonbae punishment (編配刑) to ease the gap between the capital punishment and other four punishments replaced with flogging, thus making Pyeonbae punishment(編 配刑) a commutation or an additional punishment. Therefore, Goryeo``s punishment of exile was very similar to Song``s Pyeonbae punishment(編配 刑) in its way of development and execution; it is enough to say that Goryeo``s punishment of exile, in some characteristics, was Goryeo``s version of Pyeonbae punishment(編配刑). Among the punishment of exile of early Goryeo period was ``the Punishment of Exile to a Place in Connection with the Criminal``, which is called Guihyang punishment(歸鄕刑). Like other punishments of exile, Guihyang punishment(歸鄕刑) was also a severe punishment, serving as a commutation or an additional punishment to other punishments stated in the code of criminal law. However, it was the lightest punishment compared to other punishments of exile. Generally, it was applied only to the ruling class; it deprived them of the rights of controlling their land and the merits they enjoyed being exempted from labor(役). In most cases, the ‘Punishment of Exile to a Place in Connection with the Criminal’ from early Goryeo period comes down to Guihyang punishment(歸鄕刑), a punishment of exile to Hyang(鄕). Goryeo``s Hyang (鄕) does not only mean the person``s Bonguan(本貫), but also consists of many other places s/he is connected either paternally, maternally, or by marriage. However, in later Goryeo period, many other places than Hyang (鄕) came to be seen as ‘Places in Connection with the Crimina’, causing the ``Punishment of Exile to a Place in Connection with the Criminal`` to change. Criminals were exiled to other places like Byeolup(別業), which were places personally connected to him/her but not Hyang(鄕). On the other hand, in later Goryeo period, Yuan Dynasty``s criminal law influenced Goryeo``s crime punishment system to differ from its earlier form. Thus, the ``Punishment of Exile to a Place in Connection with the Criminal`` cleansed itself of its earlier heavy characteristic and changed into mild punishment applied to high-ranking officials. Also, it started to combine with a newer punishment, Conscription(充軍刑). Therefore, it is possible to say that the ‘Punishment of Exile to a Place in Connection with the Criminal’ also changed according to time.