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History Lives On

The Gojoseon Chronicle

Episode 18: The Eight Articles’ Legacy – The Beginning of Korean Legal Tradition

To understand this connection, we must first explain what Gojoseon was. Gojoseon [pronunciation: go-jo-suhn] was Korea’s first kingdom, traditionally dated from 2333 BC to 108 BC. While this date is debated among historians, archaeological evidence confirms an advanced Bronze Age civilization emerged on the Korean Peninsula by at least 1000 BC, developing independently from China.

“Those who steal shall be enslaved, but those who seek forgiveness may redeem themselves.” This provision from Gojoseon’s Eight Articles Law, dating to before the 4th century BC, wasn’t merely a legal statute—it was the beginning of a humanistic legal tradition recognizing remorse and offering paths to redemption. The Eight Articles may have fallen with Gojoseon’s collapse in 108 BC, but their spirit has flowed through over 2,000 years of Korean legal history, from the codes of Goguryeo, Baekje, and Silla, through the Gyeonggukdaejeon [gyuhng-gook-dae-juhn] of the Joseon Dynasty, to modern Korean law. Today, we trace the DNA of Korea’s legal tradition.

◆ The Ancient Landscape

“The people of Lelang Joseon had Eight Prohibitions. Those who kill shall be immediately executed. Those who injure shall compensate with grain. Those who steal shall be enslaved, but those who wish to redeem themselves must pay 500,000 copper coins per person.”

– Han Shu (Book of Han), Volume 28, Treatise on Geography 8

◆ Same Era, Different Worlds

 [Image: Ancient bamboo slips containing Gojoseon’s Eight Articles Law alongside the Gyeonggukdaejeon’s Penal Code from Joseon Dynasty, showing identical self-surrender provisions despite 2,000 years between them]

📜 Scene from That Day

“Autumn 1469 (First Year of King Yejong’s Reign), Hanseongbu, Joseon’s capital. Woodblocks for the newly compiled Gyeonggukdaejeon are being prepared for printing. Sin Sukju [shin sook-joo], the chief compiler, points to a specific provision in the Penal Code section: ‘Those who voluntarily surrender to investigating authorities after committing a crime may have their punishment reduced or remitted.’ A young clerk beside him asks, ‘Your Excellency, does this provision not appear in the Great Ming Code [Da Ming Lü]?’ Sin Sukju smiles. ‘No, it does not. This is our Joseon tradition, preserved since ancient Gojoseon times. Even in the Eight Articles of 2,000 years ago, there was a path to redemption.'”

“That night by candlelight, Sin Sukju reopened the records of the Eight Articles. ‘Those who steal shall be enslaved, but those who seek redemption may…’ He picked up his brush and added a commentary: ‘Jasu Gamgyeong-ji-beop Jago-joseon-si’ [自首減輕之法 自古朝鮮始] — The law of reducing punishment for voluntary surrender began with ancient Gojoseon.”

◆ Uncovering Historical Truth

The Eight Articles of Gojoseon embodied three core principles: First, respect for human life (death penalty for murder). Second, protection of person and property (grain compensation for injury, enslavement for theft). Third, opportunity for redemption (voluntary surrender and ransom provisions). These principles were inherited by every Korean dynasty that followed. To understand how revolutionary these were, we must compare them with other ancient legal systems.

The Code of Hammurabi (c. 1750 BC), perhaps the ancient world’s most famous legal code, consisted of 282 laws inscribed on a 7-foot stone stele. While it shared some similarities with Gojoseon’s Eight Articles—both protected property and prescribed penalties for theft—fundamental differences existed. Hammurabi’s Code operated on strict lex talionis (“an eye for an eye”), with punishments varying dramatically by social class. If a nobleman destroyed another nobleman’s eye, his own eye would be destroyed. But if he destroyed a commoner’s eye, he merely paid a fine. Slaves received even less protection. In contrast, Gojoseon’s Eight Articles, though simpler, applied more uniform standards across social classes and uniquely emphasized redemption through economic compensation.

Rome’s Twelve Tables (449 BC), considered the foundation of Western law, likewise show illuminating contrasts. Created during the struggle between patricians and plebeians, they aimed to make law accessible to all citizens by writing it down publicly. Yet Roman law focused heavily on debt collection, property rights, and family law specific to Roman society. The Tables contain detailed provisions about debt bondage—creditors could literally divide a debtor’s body after 60 days if the debt remained unpaid. Gojoseon’s approach was more pragmatic: enslave the thief, but allow redemption through payment. This wasn’t just about punishment—it was about maintaining social stability while offering paths to restoration.

The Three Kingdoms of Korea each developed these principles further. Goguryeo established harsh penalties for treason (execution of three generations of family members) while maintaining Buyeo’s 12-fold compensation system for property crimes. Baekje, according to the Old Book of Tang, required thieves to “pay threefold compensation”—an evolution of the Eight Articles’ economic restitution principle. Silla, despite its rigid bone-rank (golpum) caste system, maintained clear criminal standards. Following King Beopheung’s promulgation of codes in 520 AD, Silla’s legal system became increasingly sophisticated.

🔍 Academic Perspectives

◆ Speaking to Our Present

[Image: Interior of South Korea’s Supreme Court in 2025, with the Chinese character for “Law” (法) on the wall behind the bench, and Article 52 of the Criminal Code inscribed on a transparent glass panel, beneath which small text reads “Jago-joseon-si” (自古朝鮮始) – “It began with ancient Gojoseon”]

📚 Diving Deeper

• The Supreme Court Library in Seoul houses facsimile editions of the Gyeonggukdaejeon and the Da Ming Lü Zhi Jie (大明律直解, Direct Explanation of the Great Ming Code), where detailed commentaries on surrender reduction provisions can be examined in the Penal Code (Hyeongjeon) section
• In 2020, the Korean Legal History Association held a special symposium titled “From the Eight Articles to Modern Criminal Law,” reexamining the continuity of 2,400 years of legal tradition
• The National Museum of Korea’s Gojoseon gallery exhibits wooden and bamboo tablets from the Han Commandery period showing how the Eight Articles were applied in the Lelang region, providing tangible evidence of legal continuity

The Voice of Living History

A legal provision written 2,400 years ago: “Those who steal shall be enslaved, but those who seek redemption may…” This brief sentence survived through the codes of Goguryeo, Baekje, Silla, and the Gyeonggukdaejeon to become Article 52 of the 2025 Criminal Code. Dynasties changed, systems transformed, but one spirit remained constant: recognizing human repentance and offering paths to restoration.

“Law is not the past. Law is the living wisdom of our ancestors within us. The DNA of Gojoseon’s Eight Articles still operates at this very moment in the courtrooms of the Republic of Korea.”

The Korean Today “History Lives On” Series
Gojoseon Chronicle (23 Episodes)

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This content is based on historical facts and presents various academic perspectives in a balanced manner.