멸쟁법과 쟁사 해결 원칙 - 현전비니의 성립 요건을 중심으로 -

초록

In this paper, we examine the principles for settling disputes in Buddhist saṃgha, focusing on sammukhāvinaya現前毘尼, one of the seven modes of settling disputes七滅諍法. According to the Samathakkhandhaka, when disputes arise among the monks, they must be resolved through the seven modes of settling disputes. The seven modes of settling disputes refer to sammukhāvinaya, sativinaya憶念毘尼, amūḷhavinaya不癡毘尼, paṭiññātakaraṇa自言治, yebhuyyasikā多人語, tassapāpiyyasikā覓罪相, tiṇavatthāraka如草覆地. These rules of the modes settling disputes are selectively applied depending on the type of the disputes, but the sammukhāvinaya are universally applicable to all disputes. In essence, the sammukhāvinaya is the most fundamental mode for settling disputes, specifically embodying four criteria: saṃgha僧伽, dhamma法, vinaya律, puggala人. Among these, saṃgha denotes forming the subject that settles the disputes. This saṃgha must fulfill the following three conditions. Firstly, it must be comprised of monks without disqualifications, meeting the quorum and being operational. Secondly, those who cannot attend should delegate. Thirdly, there should be no objection from anyone regarding the conduct of the procedure羯磨 aimed at settling disputes. On the one hand, dhamma and vinaya have been understood in previous research to judge the issue based on the teachings of Buddha, however, according to Samantapāsādikā, it means resolving disputes based on the procedural rules of the procedure already established, concerning the issues that have arisen. Puggala refers to both parties involved in the dispute attending the procedure. While there is existing prior research on the seven methods of settling disputes, this paper reexamines each condition of sammukhāvinaya, paying close attention to the explanations in the Samantapāsādikā. Through this examination, it has been clarified that the rules for the settlement of disputes in the monastic community is aimed at maintaining harmony among the members based on the rules established by Buddha.

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