식민지시기 가족 관습법과 젠더 질서-『관습조사보고서』의 젠더인식을 중심으로-

Abstract

The present study starts from the presupposition that the unfair status of women found in the colonial family law had more relevance with the establishment of gender regime than the thwart of Korean traditional customs. To trace historically the process in which gender regime came into play demonstrates how it brought about the constitution of the category of man and woman in a given phase of the time. From this understanding, the present study focuses on the construction of gender regime in the colonial period of Korea. It analyzes the processes in which customs related to family matters had been legalized and subsequently what sort of outcome the process had resulted in. It studies which sort of family customs judicial colonial officials from Japan took interests and acted out to research; in turn how those research outcomes had been reflected back into the establishment of the Korean family law: especially how Confucianism and the Japanese family law had affected the legislation of the relevant laws of colonial Korea. In conclusion, the paper shows that the Japanese legalist conceptions, mainly based upon the Japanese family law and Confucius teachings, had worked as a conceptual framework when they dealt with the customs in colonial Korea. The two key factors were closely entangled with each other. Confucius gender norms had been adopted and employed for the construction of gender regime in Japanese civil law. Afterwards, the same process is observed to have set in motion in Korea as well. The development of family-related customs had been legalized. This means that the construction of gender regime had started and had come into play, likewise, in Korea.