전환기의 朝鮮初期 家族法

Abstract

In the beginning of the Chosun dynasty, there were big attempts to change the existing Family law system. The historical fact that the Korea Dynasty was buddist country, but the Chosun dynasty was confucious country is also a important element of change. This transformation, I would like to call the first transformation of Korean family law system in Korean history. It can be characterised to be, so called, the enforcement Confucius Chonfa system( 宗法制) by the reformest scholars and Chosun government. Above all these reforms, it can be explained the change from so called Namguiyeoga(男歸女家), of the newly-wed husband taking residence in his wife's family's residence to a new practice called Chinyeong-jae(親迎制). It was the first transformation of marriage system on the Korean history. But the attempts did not succeed in national range, but only in Royal Family. In the 16th century, by the urge of several Neo-Confucian scholars, a new marriage practice, so called Ban-Chinyeong(半親迎), was settled, in which the event of the newly-weds' official meeting with each other that had usually been arranged upon the third day after the marriage ceremony was arranged upon the very day of marriage. And the Chinese principle that marriage between couples with the same surname should be prohibited(同姓不婚) also enacted only in Royal Family. but the attempts did not succeed in national range in the early Chosun period, After the seventeenth centuries of the Chosun dynasty the prinnciple was codified on the code〈續大典〉 and began to be enacted nationwide. Later the ban on same surname-same origin marriage(同姓同本不婚) enacted widely and codified on the code of late Chosun dynasty〈刑法大全〉. On the other hand, One of the striking characteristics of the inheritance in the early Chosun period was that such impartial distribution of fortunes , one of the characteristics in the inheritance of the Chosun dynasty, is unique tradition developed from the Korea dynasty. Also it shows many differences when compared with the bequest systems of the neighboring countries, China and Japan. In traditional China the impartial distribution of fortunes was just for sons, but daughters merely received a paucity of dowry when they get married. As in the same context, it is hard to find such unbiased distribution cases similar to the Chosun dynasty in Japan. Nowadays the second transformation of Korean family law system is on the way. So studying the experience of the Chosun dynasty will be very important material to the lawyers and scholars of these days .