조선 中宗代 『大典後續錄』 편찬과 법률체계의 변동

Examined in this article, are the changes in the legal system that had occurred since the declaration of Gyeong’guk Dae’jeon, through the declaration of Daejeon Hu-Sok’rok, as well as the political environment that spawned this law. In his governing of the country, King Yeon’san-gun rather depended upon ‘Royal orders(Su’gyo/受敎)’ instead of theNational Law code. And then, King Jungjong who had replaced Yeonsan-gun started criticising such ruling, and declared his intentions to return to the ways of King Seongjong’s reign. The status of Dae’jeon Sok’rok, which was declared during Seongjong’s reign, was elevated to the level of an ‘Established Rule of the Utmost Authority(“Seong’heon/成憲”).’ In the meantime, royal orders that had been issued since the time of Dae’jeon Sok’rok were compiled into Gye’yu Hu-Sok’rok, in King Jungjong’s 8th year. Then again, in the early half period of King Jungjong’s reign, conflicts between the Meritorious Elders(the “Hun’gu” group) and the newcomer “Sa’rim” group got worsened. The latter wished to abolish Gye’yu Hu-Sok’rok, as they claimed that it was including legal codes of the Yeonsan-gun era which had to be eliminated. As a result, some of the clauses were deleted, and its status as well was demoted to a ‘royal order compilation.’ Only later, as the atmosphere inside the government became considerably conservate with the completion of the Gi’myo-year purge(己卯士禍), Gye’yu Hu-Sok’rok was restored to its original status. But its authority was already severely damaged, as it was literally resurrected from abolition. It was no longer a stable law code that the Joseon government could either depend upon or make good use of. In the 38th year of Jungjong’s reign, in order to minimize confusion and instability in the legal system, a supplemented version of Gye’yu Hu-Sok’rok, which was Dae’jeon Hu-Sok’rok was compiled and declared.