Black Corporation: Joseon [EN]: Chapter 599

599. Opening the Heavens – The Foundational Law Debate (2)

“I think Article 1, Section 4 might be problematic?”

Hyang, analyzing the articles of the Foundational Law, reread Article 1, Section 4, and wrote down the problem on a piece of paper next to her.

– There is a very high possibility of discrimination against residents of the Joseon mainland and indigenous people from Shinji.

This was because Hyang was well aware of what international society was like in the 21st century.

* * *

The 21st-century United States boasted of being a ‘melting pot of races,’ but critical voices derided it as a ‘salad bowl of races’ [where different cultures remain distinct rather than blending together].

Also, some people criticized it as ‘the biggest of the newly arrived stones bullying the embedded stones and other stones’ [a metaphor for established groups discriminating against new immigrants or minorities].

That’s how serious the problem of racial discrimination was.

This was not just a problem for the United States. The conflict between ‘established groups vs. newly arrived groups’ was a global issue. There were many countries where the ‘turf protection of established groups’ was a serious problem, and there were also many countries that struggled with the problem of ‘newly arrived groups asserting their turf.’

Therefore, Hyang judged that this clause would be problematic.

* * *

However, the reactions of the ministers were different from Hyang’s expectations.

“Isn’t the clause ‘As long as they abide by the national policy and laws of the Empire, they are citizens of the Empire’ a truly good clause?”

While the ministers all nodded at Hwang Hee’s point, Lee Sa-cheol continued.

“It is also good that you have clarified the national policy in the next clause. In particular, it is a truly wise decision to adopt ‘Hongik Ingan’ [a Korean philosophical ideal of benefiting all mankind] as the national policy. ‘Benefit all mankind.’ It is a truly simple and clear phrase that does not cause conflict. I think it is the best way to integrate the indigenous people who have never encountered the teachings of the sages into citizens of Joseon, or rather, the Empire.”

As soon as Lee Sa-cheol finished speaking, Kim Jong-seo added.

“That’s right. If we promote religion as the state religion like the previous dynasty, Goryeo, or the countries of the West, it will only create conflict. This will only be an obstacle to pacifying the indigenous people.”

“Of course, of course!”

As soon as Kim Jong-seo finished speaking, Kim Jeom nodded and added an exclamation.

“We already have too much work and not enough people. We need to quickly pacify them and put them to work! What are people saying in the Six Ministries these days? ‘Feed the cow that works well, and eat the cow that doesn’t. The hide is for decoration.’ Isn’t that right? We don’t have time to worry about things like place of origin. Even noble families don’t do that.”

The ministers all nodded at Kim Jeom’s words.

This was where Hyang’s expectations went awry.

* * *

As the Reforms progressed and Joseon’s territory expanded explosively, numerous foreigners were incorporated into Joseon.

However, there was almost no rejection from the Joseon people.

This was the result of several factors working together.

– It was not easy for Joseon people and foreigners to come into contact.

For most Joseon people, there were few opportunities to encounter foreigners, except for the Jurchens and a small number of Japanese defectors. Since even the closest Dongbing Port and Daeseol Island were several days away by boat, there were few Joseon people who would go there, except for officials and merchants.

– The Jurchens, who accounted for the largest proportion of foreigners, had considerable common ground.

They were called ‘savages’ by the Joseon people and were treated as enemies, but they shared the history of the old Three Han period and the North-South States period. Thanks to this, they showed rapid Joseonization as they defected to Joseon and lived as citizens of Joseon.

The same was true of the Japanese defectors.

– Foreigners who came into contact with Joseon people had power.

Most of the time, ordinary Joseon people encountered foreigners when they came to Hanseong [the capital of Joseon] or visited government offices.

Most of the foreigners encountered in these places were officials. There were few who would discriminate against foreigners wearing official robes and being called ‘Lord.’

– The religions were similar.

Although the sects and doctrines were different, many of the people of the Joseon mainland, the Jurchens, and the Japanese defectors believed in Buddhism.

However, the even greater religious commonality was Shamanism. Most of the tribes in Joseon and the territories incorporated into Joseon had shamans, and rituals similar to shamanic rituals and amulets were not unfamiliar.

Thanks to this, even among the native-born who had not actually encountered foreigners, there were many who carried amulets from foreigners that were said to bring good luck.

– Hangeul [the Korean alphabet] exerted a powerful force.

As in the case of Daeseol Island, most of them had their own language and history, but no writing system. For them, Hangeul was the best way to record and leave their language and history in documents rather than oral tradition.

Those foreigners who became familiar with Hangeul soon learned the Joseon language. And the court began to pick out suitable people from among them and use them as local officials.

– There was a shortage of manpower to discriminate, and a market was needed.

This was the biggest reason.

As these various factors became intricately intertwined, the problem of discrimination unexpectedly did not appear to be significant, and Hyang’s expectations were wrong.

* * *

There was something else that Hyang’s expectations were wrong about.

It was an organization named ‘Simbeopwon (審法院) (Judicial Review Court).’

The federal empire’s governing organization.

– Article 3. Simbeopwon.

– Article 3, Section 1. The Simbeopwon is an organization dedicated to reviewing newly enacted laws and regulations.

– Article 3, Section 2. In principle, the enactment of a law goes through three reviews.

The first review takes place in the process of receiving complaints or petitions from the people. The head of the department related to the complaint or petition reviews it and reports the results. If it is concluded that a new law needs to be enacted, a bill is drafted.

The second review is the Simbeopwon’s review. The Simbeopwon examines the proposed bill and decides whether to pass or reject it.

The third review is conducted by the Emperor.

– Article 3, Section 3. The Simbeopwon’s review criteria are as follows.

Clause A. Does it harm the interests of the Empire?

Clause B. Does it harm the safety of the Emperor?

Clause C. Does it harm the safety of the majority of the people?

– Article 3, Section 4. The reviewers of the Simbeopwon shall be selected according to the following criteria.

(Omitted below)

Hyang, reading the item about the Simbeopwon in the clause on ‘the Empire’s governing organization,’ tilted her head.

“Is this a parliament? Even separation of powers? Isn’t this too much?”

After examining the problematic item several times, Hyang crossed her 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 in an uproar.

“This seems to be a problem….”

Hwang Hee, examining the clauses of the ‘Simbeopwon,’ frowned and opened his mouth. The other ministers also had similar expressions.

In the end, the next day, Hwang Hee and the ministers pointed out the problem at a meeting with Sejong to discuss state affairs.

Hwang Hee pointed out the problematic clause and continued.

“I believe that creating new laws by reviewing complaints or petitions is problematic.”

“Problematic?”

“Yes. Listening to the complaints or petitions submitted by the people and resolving their grievances is something we are already doing.”

“That’s true.”

Sejong nodded at Hwang Hee’s point. As Sejong readily nodded, Hwang Hee continued.

“If we examine the records so far, most of the solutions were ordinances (令) and policies (策). The reason for using these ordinances and policies is that even if the content is similar, the solution differs depending on the time and place. Therefore, it should not be determined by law. If it is determined by law, it becomes fixed, and it will be implemented as is for at least several decades. Therefore, even if it is a good law now, it may become a bad law over time.”

“That may be the case.”

“Also, in order to prevent this, the revision of the law is essential, but if we go through the Simbeopwon, that revision can become very easy. Making revisions easy means that the law changes frequently, which will harm the solemnity of the law.”

“So, are you saying we should abolish the Simbeopwon?”

Hwang Hee immediately answered Sejong’s question.

“The best option is to abolish the Simbeopwon, and the second best option is to make it a non-permanent organization rather than a permanent one.”

“Make it a non-permanent organization rather than a permanent one… Hmm….”

Stroking his beard, Sejong pondered Hwang Hee’s answer and soon refuted each of the problems Hwang Hee had mentioned.

“As you said, if it is determined by law, it is right that it will be implemented continuously for decades. So, isn’t that even better? Because we know the longevity of the law, we will devote all our efforts to each clause, each phrase from the beginning, and the review will be the same. That’s why we included a clause that records the names of both the proposer and the reviewers when a new law is created. Would they lightly create and review a bill when their names remain in history?”

“That is true, but as I said earlier, if we lose the solemnity of the law, the problem will become bigger. If the solemnity of the law disappears, the people will ignore the law, and if that happens, morality and order will disappear.”

“Isn’t that the same with ordinances and policies? No, it may be even more so. As you said, ordinances and policies are much lighter than laws and regulations. The ‘folly of changing in the morning and evening (朝變夕改)’ [a saying that means fickle or inconsistent] is more likely to occur here, isn’t it? If you look at the past records, there were many such cases, weren’t there?”

“… That is true.”

Hwang Hee barely answered Sejong’s point.

As Sejong said, if you look at the history of the Central Plains and the Korean Peninsula, there were many cases where they suffered great losses after enacting inconsistent policies.

Sejong explained to Hwang Hee in more detail.

“I also know the weight of laws and regulations well, so I have established a three-step review process. And when a law is established, I have decided to record the names of all those involved. As I said before, would they be insincere in a matter where their names will remain in history for a long time?”

“That would be the case.”

“Then can we move on with the Simbeopwon as it is?”

Hwang Hee objected again to Sejong’s words.

“The qualifications of the reviewers are a problem. You said that you would divide the entire territory of the Empire into several districts based on population and make the representatives elected by the people belonging to those districts as reviewers, but I believe there are many problems with this.”

“What’s the problem?”

“Reviewing laws is an important task. If people with insufficient knowledge are in charge of the review, there will be many difficulties. I believe we need to set qualification standards.”

“Tsk, tsk!”

As soon as Hwang Hee finished speaking, Sejong clicked his tongue loudly. As soon as Sejong clicked his tongue, Hwang Hee and the other ministers became very nervous.

‘But I can’t back down!’

Watching Hwang Hee and the ministers bracing themselves, Sejong asked a question.

“Listen, Prime Minister, let me ask you one thing.”

“Please ask.”

“Who are we making laws for now?”

“For the people.”

“Then, are there many people with high knowledge among the people, or are there many people with insufficient knowledge?”

“…There are many people with insufficient knowledge.”

“If we make laws that people with insufficient knowledge cannot understand, will they understand them?”

“…No.”

“Again, who are we making laws for?”

“…We are making them for the people.”

Sejong drove the wedge into Hwang Hee’s words.

“I would be even more grateful if people with such insufficient knowledge came out as reviewers. Because I can prevent the act of making laws with content that they cannot understand and telling them to abide by them.”

* * *