![[History Lives On – Gojoseon] Episode 4: The Eight Laws of Gojoseon – East Asia’s First Written Code?](https://thekoreantoday.com/incheonganghwa/wp-content/uploads/sites/170/2025/10/featured-image-121.png "[History Lives On – Gojoseon] Episode 4: The Eight Laws of Gojoseon – East Asia’s First Written Code?")
“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.”
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.
Remarkably, Article 52 of modern South Korea’s Criminal Code still carries the principle of reduced sentencing for voluntary surrender—a concept rooted in Gojoseon 2,400 years ago. History truly lives on.
◆ The Ancient Landscape
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.
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—a society advanced enough to codify its principles of justice.
“樂浪朝鮮民犯禁八條 相殺以當時償殺 相傷以穀償 相盜者男沒入爲其家奴 女子爲婢 欲自贖者人五十萬”
“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—men become household slaves, women become servants. Those who wish to redeem themselves shall pay 500,000 [coins] per person.”
– Book of Han (Hanshu), Volume 28B, Geography 8B
◆ Same Era, Different Worlds
🏛️ China
Warring States period. Legalist philosophy flourishing. Shang Yang’s reforms (356 BCE) strengthening Qin state through codified laws. Written legal codes becoming systematized.
🗿 Mediterranean
Rome established Twelve Tables (450 BCE). Greece moved from Draco’s harsh code (621 BCE) to Solon’s reforms, laying foundations for democracy.
🏺 Ancient Near East
Hammurabi’s Code (1750 BCE) already ancient history. Persian Empire governing vast territories through policies of tolerance and local autonomy.
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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]
📜 Scene from That Day
“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.”
“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—it offered a choice of life over death. In ancient Gojoseon, justice meant both punishment and compassion, severity balanced with the possibility of redemption.”
◆ Uncovering Historical Truth
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—they embodied systematic principles of rule of law.
The first article on murder prescribes strict punishment—”immediate death” (dangsi sangssal)—yet 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.
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—a mechanism that reinforced social stratification while technically offering redemption.
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—a 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.
Period
Before 4th century BCE
Surviving Articles
3 out of 8
Core Principles
Life, property, bodily protection
Legacy
Foundation of Korean legal system
🔍 Academic Perspectives
Mainstream View
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.
Alternative View
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.
◆ Speaking to Our Present
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.
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.”
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—this 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.
| Category | Gojoseon Eight Laws | Modern Korean Law |
|---|---|---|
| Murder | Immediate death (slavery if surrendered) | Death/life/5+ years imprisonment (reduced if surrendered) |
| Bodily Injury | Compensation with grain | Imprisonment + civil damages |
| Theft | Slavery (redemption with 500,000 coins) | Up to 6 years imprisonment or fine |
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[Image: Comparison of modern Korean courthouse with imagined ancient Gojoseon trial scene, alongside Criminal Code Article 52 on voluntary surrender]
📚 Diving Deeper
- What were the other five articles? The Book of Han records that “women maintained chastity,” suggesting the existence of articles punishing adultery.
- Silla scholar Choe Chi-won explicitly mentioned inheriting the “Eight Articles of Instruction” in documents sent to Tang China, showing the tradition continued for centuries.
- Buyeo’s Four Articles and Goguryeo’s laws also bore similar structures, influenced by Gojoseon’s Eight Laws—evidence of a shared Korean legal tradition.
The Voice of Living History
Gojoseon’s Eight Laws aren’t merely ancient relics. Respect for life, protection of private property, belief in human redemption—all these values transcend 2,400 years to form the foundation of South Korea’s legal system today.
“Laws are carved in stone, but their spirit is carved in hearts. The legal spirit carved by Gojoseon still lives and breathes within us.”
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Episode 3: From Bipahyeong to Sehyeong Bronze Daggers
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This content is based on historical facts and presents various academic perspectives in a balanced manner.
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