조선조에서의 향약(鄕約)과 향속(鄕俗)의 연구 -관습법의 존재 양식을 찾아서-

Abstract

[1] The Koreans, having not gone beyond the age of feudalism and with no local autonomous experience, lacked the opportunity to train themselves in civic consciousness. Because of this, Local Convention (hyangyak) in the age of the Chosun Dynasty was a significant mechanism in sustaining social order and the public good by playing the role of conventional law. [2] Local Convention, which was composed of four principles, (1) the mutual encouragement of virtues, (2) the mutual control of personal faults, (3) the mutual exchange of social courtesy and (4) mutual assistance in hardship, was a type of autonomous regulation at the local civic level apart from governmental powers. It contributed to the evolution and development of local communities and was passed down as a means of solving social conflict that could not be governed by the official authority. It also was imbued with the meaning of local autonomy. [3] At the beginning stage of Local Convention in the early sixteenth century, the ruling class of the Chosun Dynasty wished to cultivate the people they governed by Confucian doctrine through Local Convention. For this purpose, Lee Hwang and Lee Yool-gok led its establishment. When, however, the local gentry attempted to form a potential group and grew as a resisting organization, the ruling class began to regret its support and looked for ways to suppress the growing resistance. In some respects, abusive activities of the gentry was responsible for this reaction. [4] As Local Convention was an idea, local customs such as doorae (cooperative farming), poomasy (exchange of farming labor), folk festivals and gyee (mutual assistance unions) were the fruits of these ideas. In pre-modern society, with a rudimentary monetary system and lack of a social safety net, the Local Convention gave vitality to the enhancement of the local identity and a sense of common solidarity in rural society. The Local Convention was in essence civilian regulation based on the Confucian spirit to give mutual assistance. Its core value was common and mutual existence.