{"id":144427,"date":"2025-10-21T07:13:35","date_gmt":"2025-10-20T22:13:35","guid":{"rendered":"https:\/\/thekoreantoday.com\/history-alive\/2025\/10\/21\/history-lives-on-gojoseon-episode-4-the-eight-laws-of-gojoseon-east-asias-first-written-code\/"},"modified":"2025-10-21T07:13:47","modified_gmt":"2025-10-20T22:13:47","slug":"history-lives-on-gojoseon-episode-4-the-eight-laws-of-gojoseon-east-asias-first-written-code","status":"publish","type":"post","link":"https:\/\/thekoreantoday.com\/history-alive\/2025\/10\/21\/history-lives-on-gojoseon-episode-4-the-eight-laws-of-gojoseon-east-asias-first-written-code\/","title":{"rendered":"[History Lives On – Gojoseon] Episode 4: The Eight Laws of Gojoseon – East Asia’s First Written Code?"},"content":{"rendered":"
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\u6cd5<\/span><\/div>\n
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THE KOREAN TODAY<\/p>\n

History Lives On<\/h1>\n
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The Gojoseon Chronicle<\/h2>\n

Episode 4: The Eight Laws of Gojoseon – East Asia’s First Written Code?<\/p>\n<\/div>\n<\/div>\n

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“A murderer shall be put to death immediately. One who injures another shall compensate with grain. A thief shall become a slave, but may redeem himself by paying 500,000 coins.”<\/p>\n<\/div>\n

In the 4th century BCE, 1,400 years after Hammurabi’s Code but nearly contemporary with Rome’s Twelve Tables, East Asia’s first written legal code emerged. Only three articles of these Eight Laws survive in China’s Book of Han (Hanshu), yet these brief passages reveal everything about Gojoseon society: the value of life, the concept of private property, the existence of social classes, and the beginning of rule of law.<\/p>\n

Remarkably, Article 52 of modern South Korea’s Criminal Code still carries the principle of reduced sentencing for voluntary surrender\u2014a concept rooted in Gojoseon 2,400 years ago. History truly lives on.<\/p>\n<\/div>\n

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\u25c6<\/span> The Ancient Landscape<\/h3>\n
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Gojoseon in the 4th century BCE was in transition. Bronze technology was evolving from the lute-shaped daggers (bipahyeong) to the slender daggers (sehyeong), and iron tools were gradually being introduced. Agricultural productivity increased, generating surplus that inevitably led to wealth disparity and class differentiation. Under the king, positions such as sang (prime minister), daebu (minister), and janggun (general) were being formalized, while a clear hierarchy between commoners and slaves emerged.<\/p>\n

As population grew and social relationships became more complex, oral customary law could no longer maintain order. Chinese historical records mention that Gojoseon had written laws called “Eight Articles of Instruction” (Paljo-ji-gyo) or “Eight Prohibited Articles” (Beomgeum-paljo). Though only three articles survive, they vividly illustrate the society of that era\u2014a society advanced enough to codify its principles of justice.<\/p>\n<\/div>\n

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“\u6a02\u6d6a\u671d\u9bae\u6c11\u72af\u7981\u516b\u689d \u76f8\u6bba\u4ee5\u7576\u6642\u511f\u6bba \u76f8\u50b7\u4ee5\u7a40\u511f \u76f8\u76dc\u8005\u7537\u6c92\u5165\u7232\u5176\u5bb6\u5974 \u5973\u5b50\u7232\u5a62 \u6b32\u81ea\u8d16\u8005\u4eba\u4e94\u5341\u842c”<\/p>\n

“The people of Lelang and Joseon have eight prohibited articles: Those who kill others shall be put to death immediately. Those who injure others shall compensate with grain. Those who steal\u2014men become household slaves, women become servants. Those who wish to redeem themselves shall pay 500,000 [coins] per person.”<\/p>\n

– Book of Han (Hanshu), Volume 28B, Geography 8B<\/p><\/blockquote>\n<\/div>\n

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\u25c6<\/span> Same Era, Different Worlds<\/h3>\n
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\ud83c\udfdb\ufe0f China<\/h4>\n

Warring States period. Legalist philosophy flourishing. Shang Yang’s reforms (356 BCE) strengthening Qin state through codified laws. Written legal codes becoming systematized.<\/p>\n<\/div>\n

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\ud83d\uddff Mediterranean<\/h4>\n

Rome established Twelve Tables (450 BCE). Greece moved from Draco’s harsh code (621 BCE) to Solon’s reforms, laying foundations for democracy.<\/p>\n<\/div>\n

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\ud83c\udffa Ancient Near East<\/h4>\n

Hammurabi’s Code (1750 BCE) already ancient history. Persian Empire governing vast territories through policies of tolerance and local autonomy.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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[Image: Original text of Gojoseon’s Eight Laws from the Book of Han, bipahyeong bronze dagger, and comparative image with Hammurabi’s Code stele]<\/p>\n<\/div>\n

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\ud83d\udcdc Scene from That Day<\/h3>\n

“The plaza at Wanggeom-seong. Thousands of people gathered. A minister, on the king’s order, reads aloud from wooden tablets inscribed with the law: ‘Whosoever kills another person shall be put to death immediately!’ Someone in the crowd sighs in despair. But another voice adds, ‘However, if one surrenders voluntarily, they become a slave and preserve their life.’ A breath of relief ripples through the assembly.”<\/p>\n

“A farmer steps forward. ‘I am guilty of theft. I cannot pay 500,000 coins, so I accept slavery.’ His family weeps, but the law was strict. Yet simultaneously merciful\u2014it offered a choice of life over death. In ancient Gojoseon, justice meant both punishment and compassion, severity balanced with the possibility of redemption.”<\/p>\n<\/div>\n

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\u25c6<\/span> Uncovering Historical Truth<\/h3>\n

Gojoseon’s Eight Laws represent one of East Asia’s oldest written legal codes. Though later than Hammurabi’s Code (1750 BCE), they’re nearly contemporary with Rome’s Twelve Tables (450 BCE) and predate China’s Qin Dynasty legalist codes. What’s particularly noteworthy is that the Eight Laws weren’t merely penal regulations\u2014they embodied systematic principles of rule of law.<\/p>\n

The first article on murder prescribes strict punishment\u2014”immediate death” (dangsi sangssal)\u2014yet allows reduction to slavery for those who surrender voluntarily. This demonstrates a humanitarian element that values life as supreme while offering opportunity for repentance and rehabilitation. The prototype of Article 52 of modern Korean Criminal Code, which reduces sentences for voluntary surrender, originates precisely here.<\/p>\n

The third article’s “500,000 coins” remains controversial. Some scholars suggest this was added during the Han Dynasty. However, considering archaeological evidence that Chinese currency like Ming knife-coins circulated in late Gojoseon, it may indicate a somewhat developed monetary economy. The sum of 500,000 coins was prohibitively expensive for ordinary people, effectively forcing most to choose slavery\u2014a mechanism that reinforced social stratification while technically offering redemption.<\/p>\n

The second article on bodily injury requiring “compensation with grain” reveals private property concepts and economic compensation principles. Rather than simple retaliation, victims received tangible compensation\u2014a more sophisticated approach than pure retributive justice. This shows Gojoseon had developed beyond tribal revenge customs to institutionalized conflict resolution protecting both individual rights and social order.<\/p>\n

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Period<\/h4>\n

Before 4th century BCE<\/p>\n<\/div>\n

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Surviving Articles<\/h4>\n

3 out of 8<\/p>\n<\/div>\n

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Core Principles<\/h4>\n

Life, property, bodily protection<\/p>\n<\/div>\n

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Legacy<\/h4>\n

Foundation of Korean legal system<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\ud83d\udd0d Academic Perspectives<\/h4>\n
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Mainstream View<\/h5>\n

The Eight Laws demonstrate that Gojoseon was an advanced ancient state with a codified legal system. While the 500,000 coins clause may be a later addition, the basic three articles are considered authentic.<\/p>\n<\/div>\n

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Alternative View<\/h5>\n

Some scholars suggest the Eight Laws themselves may have been reconstructed from a Han Dynasty perspective. The actual laws may have been simpler customary regulations. A cautious interpretation remains necessary.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\u25c6<\/span> Speaking to Our Present<\/h3>\n
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Gojoseon’s Eight Laws from 2,400 years ago are remarkably modern. The principle of reduced sentencing for voluntary surrender lives on today in Article 52 of South Korea’s Criminal Code: “When a person voluntarily surrenders to an investigative authority after committing a crime, the punishment may be reduced or exempted.” The roots of this provision lie in ancient Gojoseon.<\/p>\n

Even more striking is the Eight Laws’ sense of balance. Strict punishment alongside merciful forgiveness. Protection of individual life and property rights. Harmony between victim compensation and perpetrator punishment. This wasn’t simple retributive justice but an ideal of rule of law pursuing both social order and human dignity simultaneously. It represents a distinctly more progressive legal spirit than Hammurabi’s “eye for an eye, tooth for a tooth.”<\/p>\n

In the 21st century, South Korea ranks among the world’s most advanced democracies with a highly developed legal system. From ancient Gojoseon’s Eight Laws to modern constitutional democracy\u2014this isn’t discontinuous evolution but organic growth of legal consciousness accumulated over millennia. The Eight Laws laid the foundation for Korean legal tradition, and that tradition continues to evolve today.<\/p>\n<\/div>\n

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Category<\/th>\nGojoseon Eight Laws<\/th>\nModern Korean Law<\/th>\n<\/tr>\n
Murder<\/td>\nImmediate death (slavery if surrendered)<\/td>\nDeath\/life\/5+ years imprisonment (reduced if surrendered)<\/td>\n<\/tr>\n
Bodily Injury<\/td>\nCompensation with grain<\/td>\nImprisonment + civil damages<\/td>\n<\/tr>\n
Theft<\/td>\nSlavery (redemption with 500,000 coins)<\/td>\nUp to 6 years imprisonment or fine<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/div>\n
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\u00a0[Image: Comparison of modern Korean courthouse with imagined ancient Gojoseon trial scene, alongside Criminal Code Article 52 on voluntary surrender]<\/p>\n<\/div>\n

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\ud83d\udcda Diving Deeper<\/h4>\n