유교 상속의 공정성: 분재기를 중심으로

Abstract

The purpose of this paper is to clarify what Confucian fairness and how it applies to inheritance of property, rather than ‘the justice of distribution’ in equal distribution or Western philosophy. It is also important to identify the fairness of Confucianism and the principles it applies to property inheritance, but it will also be meaningful to study it in Korean society today. Because it is necessary to approach the problem of inheritance from an ethical and cultural point of view before it can be solved by a legal method. First, despite the criticism that Confucianism has negative factors such as blood ties, school ties, and regional relations, it should be examined whether it holds firmly the principle of guaranteeing fairness. Next, it is necessary to clarify what the Confucian standard of fairness is in Korea, where the Confucian culture still exists, and how the standard of fairness applies to property inheritance. Unconditionally, the method of equal distribution in property inheritance is not a fair distribution standard. For this work, this study analyzes the ‘Bunjaegi(分財記, property distribution record)’ of Seonbi family in the Joseon Dynasty, and idenfifies what is a fair distribution within it.