남송(南宋) 시기 지방관의 이혼 관련 소송의 처리 - 의절(義絶)‧칠출(七出)‧화리(和離)의 변용과 확장 -

Abstract

The purpose of this paper is to find commonalities among the divorce cases that local officials from the Southern Song period encountered by analyzing divorce cases from the Qingmingji淸明集. We considered the implications of the commonalities and found that there are finite patterns in the local officials’ judgements from this period. When they determined that a couple could not sustain a marital relation, they allowed divorces by stating that ‘Yi(義)’ between the couple had been broken. In the case of the wife’s misdeeds such as infidelity, flight, or theft, they allowed the husband to make the decision regarding the divorce. In the case of mutual agreement, they fully understood that the bureaucracy had limited power to intervene and upheld the divorce agreement. In the case where the wife’s family filed for divorce, they actively played the role of the mediator in order to bring both parties to an agreement. Therefore, the way disputes between marital couples were discussed and handled were within the boundaries of ‘Yijue(義絶)’, ‘Qichu (七出)’, and ‘Huali(和離)’ of the Tang Code. At the same time, however, we can confirm that the actual methods of execution and discussion of divorce have changed and expanded from Yijue(義絶), Qichu(七出), and Huali(和 離). Through these changes and expansions, we see the impact of the changes in family culture, where smaller family units became more prevalent during the Song Dynasty in comparison to that during the Tang Dynasty. Furthermore, we see the local officials respecting the changes in family culture. In the case of individual disputes between the couples, we can observe how the judicial culture of the Southern Song period dictated that they must try to respect the opinions or the relationships of the couples (or their families) as much as they can.