朝鮮時代의 家系繼承法制

Abstract

It is a principle for the eldest son to succeed a family in the traditional Korean society. Because he had no sons, he should have a risk that his family died away. A adoption is a legal apparatus to prevent that risk. Laws concerning succession of a family were consisted of two articles in Kyungkuktaechun(經國大典). One is Ancestor-Worship[Bongsa, 奉祀] which was formed in the ground of serving the dead, and the other is Adoption(Yiphu, 立後] to succeed family. The contradiction and problems in them were solved and compromised to regard kinship than justification. In the 15th century the laws of adoption were established, but it was not popular to early the 16th century. In the middle 16th century it was extended and highest to about 16% in the 19th century. These facts were reflected in laws. In middle 16th century, laws of adoptions were prepared and enacted by solving many problems in related of succeeding a family and adoptions and properties. And after the 17th century, procedural regulations were supplemented. Specially, procedural regulations about posthumous adoption were impacted in universalization of adoption. And in these circumstance, non-legal adoptions were emerged in the high society. But in the low society, adoptions unrelated succession were lasting to the early 20th century, because they thought ancestor-worship as serving them after death. Today, the head of family[Hoju 戶主] and Ie-System[家制度] were abrogated and adoption unrelated blood and family was introduced in the Korean Civil Code. So the succession of family is not compulsive and free. Korean history goes back to the 15th century in the succession of family.