If some little improvement has become noticeable in educational matters
under the enlightening influence of the missionaries, great fault must
be found with the condition of the law. It is, of course, not always
possible to graft upon the legal procedure of one country a system
of administration which works well in another. Specific outbursts of
violence, arising from identical causes, assume different complexions
when considered from the point of view of those who are proceeding to
institute reforms. It may be submitted, further, that a certain element
of barbarism in punishment is rendered necessary by the conditions of
some countries, imposing a restraint upon a population which would scoff
at punishment of a more civilised description. If exception may be taken
to the penal code of Korea, it must be remembered that in the Far East
the quality of justice is not tempered with mercy. Many punishments
are still openly and frankly barbarous, while others are distinguished
by their exceptional severity. Death by decapitation, mutilation,
strangulation, or poison is now less frequent than formerly.
Until within quite recent years it was the custom of Korean law to make
the family of the arch-criminal suffer all his penalties with him. They
are now exempted, and with the reforms introduced during the movement in
1895, some attempt was made to abolish practices opposed to the spirit of
progress. The table, which I append, shows the punishments dispensed for
certain crimes.
Treason, Man Decapitated, together with male relatives to
the fifth degree. Mother, wife, and daughter
poisoned or reduced to slavery.
Treason, Woman Poisoned.
Murder, Man Decapitated. Wife poisoned.
Murder, Woman Strangled or poisoned.
Arson, Man Strangled or poisoned. Wife poisoned.
Arson, Woman Poisoned.
Theft, Man Strangled, decapitated, or banished. Wife reduced
to slavery, confiscation of all property.
Desecration of graves Decapitated, together with male relatives to the
fifth degree. Mother, wife, and daughter
poisoned.
Counterfeiting Strangulation or decapitation. Wife poisoned.
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