Episode 599: Open Heaven – Controversy over the first law (2)
“I think Article 1, Paragraph 4 will be a problem?”
Hyang, who was analyzing the provisions of the first law, re-read Article 1, Paragraph 4 and wrote down the problems on a piece of paper next to him.
-There is a very high possibility that discrimination will occur between the residents of mainland Joseon and the indigenous people from New Territories.
This was because he knew very well what the international community was like in the 21st century.
* * *
Arica in the 21st century praised itself as a “lting pot of races,” but critics sarcastically called it a “salad of races.”
Also, so people said, ‘It’s like the biggest stone among the stones that rolled in is crushing the other stones.’
This was because the problem of racial discrimination was so serious.
This problem was not unique to the United States. ‘Encrusted stone vs. The ‘Rolling Stone’ dispute was a global problem. It was common for countries to have a serious problem of ‘territoriality of stones stuck in the ground’, and also common to suffer from the problem of ‘stones that rolled in becoming territorial’.
Therefore, the county decided that this provision would be problematic.
* * *
However, the reaction of the ministers was different from Hyang’s expectations.
“Doesn’t the clause ‘You are a citizen of the empire as long as you follow the empire’s national decrees and laws’ seem like a really good clause?”
While all the ministers nodded at Hwang Hee’s point, Lee Sa-cheol continued speaking.
“It is also good that you revealed the national situation in the next paragraph. In particular, making ‘Hongik Ingan’ a national poem was a very wise decision. ‘It broadly benefits people.’ It is a very simple and clear statent and has no potential for causing conflict. “I think it is the best way to turn indigenous people who have never been exposed to the teachings of a sage into people of Joseon or the empire.”
No sooner had Lee Sa-cheol finished speaking than Kim Jong-seo added another word.
“you’re right. If you promote your religion as the state religion, like the predecessors of Goryeo and the countries of the western region, only conflict will arise. “This is only an obstacle to obeying the indigenous people.”
“Am cancer!”
As soon as Kim Jong-seo finished speaking, Kim Jeom nodded and added a chuimsae.
“We are already in a situation where there is too much work and not enough people. I need to get him to work quickly and quickly! What is the talk going around in the military authorities right now? ‘Feed the cows that are good at their work, and eat the cows that are not good at their work. ‘Leather is decoration.’ is not it? Where can you afford to spend money on things like where you’re from? “This is sothing that even Saga doesn’t do.”
The ministers all nodded at Kim Jeom’s words.
This is where the scent deviated from my expectations.
* * *
As the war progressed and the Joseon Dynasty expanded explosively, many outsiders were incorporated into the Joseon population.
However, there was almost no visible rejection from the Korean people.
This was the result of a combination of various causes.
– Contact between Koreans and foreigners was not easy.
Most Joseon people had little opportunity to et outsiders, except for Jurchen people and a very small number of anti-Japanese rebels. The nearest port, Dongbing Port, or Daeseoldo Island were so far away that it took several days to travel by boat, so few Koreans except officials and rchants could go there.
– The Jurchen people, who make up the largest proportion of outsiders, had a significant common denominator.
Among the Joseon people, they were called ‘barbarians’ and were hostile enemies, but they shared the old Three Han Dynasty and the North and South Kingdom era. Thanks to this, he returned to Joseon and lived as a citizen of Joseon, showing rapid Joseonization.
This was also true for anti-Japanese invasions.
– Foreigners who ca into contact with Koreans had power.
The majority of tis when ordinary people in Joseon t foreigners, it was when they ca to Hanseong or stopped by the governnt office.
Most of the outsiders encountered in these places were governnt officials. There were few people who would discriminate against outsiders who wore official uniforms and heard the sound ‘Nari’.
-The religions were similar.
Although the sects and doctrines were different, many people in mainland Joseon and those who resisted the Japanese invasion of Jurchen believed in Buddhism.
However, the greater religious commonality was shamanism. Not only in Joseon but also in most of the tribes that existed in areas incorporated into the Joseon region, shamans existed, and ceremonies similar to gut and amulets were not unfamiliar.
Thanks to this, many native-born people who have never actually t foreigners wear amulets that are said to bring good luck.
– Jeongeum showed great power.
As in the case of Daeseoldo, most of them had their own language and history but no written language. For them, Jeongeum was the best ans of recording and leaving their words and history in writing rather than oral transmission.
Among the outsiders who beca accustod to Jeongeum, those who were ambitious soon learned Korean. And the governnt began to select suitable people among these people and use them as local officials.
– There were not enough workers to discriminate and a market was needed.
This was the biggest reason.
As many factors beca complexly intertwined, the problem of discrimination surprisingly did not appear as much, and the town’s expectations were wrong.
* * *
There was sothing else that made the scent’s expectations wrong.
It was an organization nad ‘Trial Court (審法院)’.
The political organization of the federal empire.
-Article 3. trial court.
-Article 3, Paragraph 1. The trial court is an organization dedicated to the review of newly enacted laws and regulations.
-Article 3, Paragraph 2. In principle, the enactnt of a law goes through three rounds of review.
The first review takes place during the process of receiving appeals or petitions from the people. The head of the departnt involved in the appeal or petition reviews it and reports the results. If it is concluded that a new law needs to be enacted, the law is enacted.
The second review is review by the trial court. The trial court examines the proposed bill and decides whether to pass or not.
The third examination is conducted by the emperor.
-Article 3, Paragraph 3. The trial court’s review standards are as follows.
the forr. Doesn’t it harm the national interests of the empire?
second. Wouldn’t it be detrintal to the emperor’s well-being?
party. Isn’t it detrintal to the well-being of the majority of the people?
-Article 3, Paragraph 4. The judges of the trial court are selected according to the following criteria:
(Omitted below)
Hyang tilted his head as he read the section on the trial court in the article on the ‘imperial political organization.’
“Is this Congress? Separation of powers? “Isn’t this going too far?”
After examining the item in question several tis, Hyang crossed his arms and pondered before coming to a conclusion.
“It’s not a perfect separation of powers, but that might be okay.”
However, contrary to Hyang’s expectations, the ministers were shocked.
“I think this could be a problem…”
Hwang Hee, who was looking at the provisions of the ‘Trial Court’, frowned and opened her mouth. The other ministers also had similar expressions.
Finally, the next day, Hwang Hui and the ministers pointed out the problem while discussing state affairs with King Sejong.
Hwang Hee continued by pointing out the clause in question.
“I think it is problematic to create new laws by reviewing appeals or petitions.”
“there is a problem?”
“yes. “Hearing appeals and petitions from the people and resolving their grievances is sothing we still do.”
“That’s right.”
Sejong nodded at Hwang Hee’s point. When Sejong nodded his head, Hwang Hee continued speaking.
“If we look at the records so far, most of the solutions were decrees and books. The reason why decrees and books are used in this way is because even though the content is similar, the solution to geography varies depending on the ti and place. Therefore, it cannot be established by law. Once it is established by law, it becos fixed and will remain in effect for at least several decades. Therefore, even if it is a good law now, it may beco a bad law over ti.”
“Maybe so.”
“Also, to prevent this, revision of the law is essential, and that revision can be made very easy through the trial court. Easier revision ans that the law changes frequently, which will undermine the severity of the law.”
“So you want to abolish the trial court?”
Hwang Hee answered King Sejong’s question right away.
“The best way is to abolish the trial court, and the next best option is to make it a non-permanent body, not a permanent body.”
“They said it would be made a non-permanent organization, not a permanent one… Hmm…”
King Sejong, who was stroking his beard and pondering Hwang Hee’s answer, soon refuted each of the problems Hwang Hee ntioned.
“If it is enacted into law as you said, it is true that it will continue to be practiced for decades. Isn’t that even better? Knowing the longevity of the law, we will put our utmost effort into each and every clause and phrase from the beginning, and the sa will apply to the review process. That is why, when a new law is created, a clause was included to record the nas of both the proposer and the reviewer. “Will you lightly draft and review bills when your na will be rembered in history?”
“That is true, but as I said a mont ago, if the severity of the law is lost, problems will increase. “If the severity of the law disappears, the people will ignore the law, and then morality and order will disappear.”
“Isn’t that the sa with spirits and books? No, you can actually add more. As the scripture says, decrees and books are much lighter than laws and regulations. I think the ‘love of early night change’ will happen more this way, right? Looking at past records, there were quite a few cases like that, right?”
“… That is true.”
Hwang Hee barely answered King Sejong’s point.
As King Sejong said, if you look at the history of the Central Powers and the Korean Peninsula, there are many cases where inconsistent policies were put forth and great losses were incurred.
Sejong explained to Hwang Hee in more detail.
“I also know well the weight of laws and regulations, which is why we have three review processes. And when a law is established, it was decided that the nas of all those involved in it should be recorded. As I said before, their na will go down in history, so are they going to do it unfaithfully?”
“That will happen.”
“Then can the trial court proceed like this?”
Hwang Hee again opposed King Sejong’s words.
“The qualifications of the judges are a problem. You said you would divide the entire empire into several districts based on population and have representatives elected by the people in each district as judges, but this seems to have many problems.”
“What’s the problem?”
“Reviewing the law is important. If those who lack knowledge are in charge of the review, there will be many difficulties. “I think there should be a qualification standard.”
“Tsk tsk!”
As soon as Hwang Hee finished speaking, King Sejong clicked his tongue. As soon as King Sejong clicked his tongue, the ministers, including Hwang Hui, beca very nervous.
‘But you can’t back down!’
Seeing Hwang Hee and the ministers strengthening their resolve, King Sejong asked a question.
“Hey Pri Minister, let ask you sothing.”
“Please ask.”
“For whom are the laws being made now?”
“I co for the people.”
“Then, are there many people among the people who are highly educated, or are there many who lack knowledge?”
“…those who lack knowledge co.”
“If we make a law so that those who lack knowledge cannot understand it, will they understand it?”
“…No.”
“Again, for whom are the laws made?”
“…I make it for the people.”
King Sejong was struck by Hwang Hee’s words.
“For , I would be more grateful if people with such limited knowledge co forward as judges. “Because it can prevent people from making laws that they don’t understand and telling them to follow them.”
* * *
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