일제의 관습조사와 전국적 관습의 확립과정 연구 ―『관습조사보고서』의 편찬을 중심으로

Abstract

The customs investigated and recorded by the Japanese Empire in modern times reflect the historical situation of that time. The custom investigation project was promoted under the objective called compilation of modern civil law. The Japanese Empire had performed sampling investigation of 48 regions nationwide for the establishment of national custom, prepared investigative report of corresponding regions and also prepared special report on some details. It is necessary to consider the fact that the custom investigated by the Japanese Empire was based on system and terminology of Japanese civil law. While this method is the one that can reveal the difference between Japanese civil law and Korea custom, it had caused the result of recording by reinterpreting Korean custom using the details of Japanese civil law. Accordingly, the custom investigated by the Japanese Empire was recorded with a method in which some Japanese civil law concept and terminology was projected based on the custom of Korean Empire. Also, there were certain sorting rules even in the process of compiling the Korean custom investigation report after generalizing the investigative report and special report of each region. That's because the customs recorded from the investigative report of each region were not the standard custom representing Korea and also not the ones in which all customs of Korean people was established in unity. Not only this, but because the Korean custom investigation report was prepared in order to legislate the modern civil law, it was also necessary to adjust corresponding customs under the modern rule. The Korean customs investigated and recorded this way was recognized as national custom by the Japanese Empire, played a great role in the process of legislating the law and also performed role as the source of law even in the civil trial of the colony.