고려시대의 사송(詞訟) 인식과 운영 = A Study on Perception and Operation of Civil Procedure in Goryeo Dynasty

다국어 초록 (Multilingual Abstract)

This thesis examined the perception of Sasong (Civil Procedure) and its operation in Goryeo dynasty. It seems that Sasong wasn't severe during the early Goryeo dynasty. But it increased significantly and piled up according to social changes since the 12th century. There was not choice to use a lot of historical records of the latter period due to the lack of records related to Sasong in the earlier period. So it should be distinguished between what was common in the whole period of Goryeo and the new phenomenon appeared in the latter period.
It considered that political ideal is to realize a society without Sasong according to Confucian ideology. However, in reality, it acknowledged the inevitability of Sasong and operated the Sasong system to resolve Woneok (resentment). In Confucianism, Woneok was recognized as a cause of natural disasters. The state legally protected Sasong rights and emphasized that the judge should make fair and speedy trial. It operated the Sangpi system (the system to prevent conflicts of interest) for fairness while the plaintiff and the defendant were given equal chance to plead before the court, and judged according to the rule of evidence. And it set the deadline legally to prevent the delay in judgment. If disagreeing with the results of the trial, it could be taking retrials or appeals. But as Sasong increased sharply, it began to limit the repetition of Sasong at the last period.
It valued justification and moral feelings as the standard of judicial hearing and decision. However, if considering moral feelings, it may be criticized as making by personal feelings and may not be able to strictly apply the law. So it generally tended to value the objective documentary evidences and to judge in accordance with laws and regulations.

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