1910~23년 內鮮結婚 법제의 성립 과정과 그 의미

Abstract

This study looked at how Japan reshaped Korean into 'Joseonin', legally different from Japanese, by considering the process of approval of intermarriage between Japanese and Joseonin ('Nae-seon gyeorhon/內鮮結婚'), during 1910~23. After incorporating Korea, Japan advertised the intermarriage as an example and a means of assimilation of Joseonin and Japanese. However, Japanese wives couldn't have their name entered in Joseon Minjeok (民籍) since 1911. This was attributable to the difference of the Domestic Relations Law and status registration system between Japan and Joseon. And in 1915, a male Joseonin asked for recording the name of his Japanese wife in Minjeok, which served as an opportunity to reflect intermarriage relations in Minjeok. But the Government General of Joseon (Joseon Chongdokbu/朝鮮總督府) only adopted a stopgap measure, rather than resolving the drawbacks of system. As a result, Japan did not recognize the validity of intermarriage reported under Census Registration Law (Minjeokbeop/民籍法) in Joseon, and problems such as bigamy and double registration (複本籍) ensued. Intermarriage could be officially recognized after Universal Law (Gongtongbeop/共通法, 1918) was enacted. But Japanese government enacted Universal Law to stabilize Japan's legal structure made up of separate jurisdictions. And it classified ethnic nation (minjok/民族) by permanent domicile (本籍), and established a policy that make legal distinction more clear by eliminating double registration after tolerating movement of place of register. Nevertheless, it did not recognize the strength of evidence of Census Registration Law, so it did not enforce Article 3 of Universal Law. Imperialist Japan paid attention to the recognition of intermarriage as a measure for national harmony (minjok yunghwa/民族融和) after 3.1 independence movement in 1919. But the recognition of intermarriage was delayed, and the Government General of Joseon borrowed the provisions of Japanese Family Register Law (Hojeokbeop/戶籍法) for intermarriage alone, and enacted the Government General of Joseon Ordinance No.99 (1921), and then Japanese government recognized intermarriage by enforcing Article 3 of Universal Law. the Government General of Joseon touted the approval of intermarriage as a measure for national harmony, but it was just the other side of Universal Law that strengthened the distinction between Japanese and Joseonin. After all, the Government General of Joseon began to implement a status verifying system in 1923, so the legal category of Joseonin distinguished clearly from Japanese was established. And its largest majority were ethnic Joseonin.