Adultery, Private Violence, and State Authority in Late Choson Korea

Ha-kyoung Lee, Academy of Korean Studies

This study examines the Choson State’s evolving approach to private violence in adultery-related homicides in eighteenth-century Korea. While the State criminalized adultery under legal codes, it permitted exceptions that justified private violence under specific conditions. By the late eighteenth century, these exceptions were more broadly interpreted. This research argues that these shifts were not contradictions or limitations in state authority but reflected tensions within Confucian moral governance. This tension was particularly evident under King Chongjo (r. 1776–1800), who employed a speicial judicial review system in capital cases. Through judicial review, adultery-related homicides were reassessed with moral considerations, such as familial honor or righteous retribution, influencing the mitigation of punishments. This legal practice reflected efforts to reconcile Confucian moral imperatives with judicial authority. By analyzing legal codes and judicial records, the study highlights how the Choson State mediated between public governance and private moral obligations.

No extended abstract or paper available

 Presented in Session 23. Power, Order, and Institutional Change in Premodern China and Korea