여성의 사회운동으로서의 제주도 해녀의 입어관행과 법률과의 충돌에 관한 법사회학적 연구

Abstract

Jeju Women Divers have existed since the mid-Joseon Dynasty to present day. Since the practice first began in Jeju Island, it has been spread to Guryongpo, Baengnyeongdo and to Japan, embodying the life and culture of women across time and space. As recently as the 1970s, Jeju Women Divers took charge of the economic productivity and income of the Jeju island, which served as a pivotal role in the economic power of the island, forming a pillar of Jeju women's participation in society. Based on this economic power, in 1932 the Jeju Anti-Japanese Independence Movement was launched to protect their rights. Also, Jeju Women Divers played a major role in terms of group law in that it took place as a single outstanding female social activist but rather as a group called Haewyeohoe. However, the Imperial Japan enacted the Fishery Act in 1911 and the Joseon Fishery Act in 1929, keeping the customary fishing practices under the written law(Articles 5 of the Fishery Act, 25 and 26 of the Joseon Fishery Act), and even after the Liberation, the customary fishing practices were institutionalized under the Fisheries Act in 1953(Articles 40 of the Fisheries Act). The customary fishing practice as an existing practice was rejected in 1953 by the enactment of the Fisheries Act, which resulted in protests and struggles, and ended up losing the rights of Women Divers to practice fishing. However, as the customary fishing practice stood out as the major civil complaints in public works, such as reclamation projects, the practice was abolished under the revised Fisheries Act in 1990. 8. 1. But the Supreme Court's demise of the right to practice fishing is incomprehensible and should be reviewed, such as the right does not expire or does not subject to sunset clause.