조선에서의 여성의 법적 지위에 대한 소고 -주요 법전을 중심으로-

Abstract

Generally we think that a woman received an unfair treatment in the Yi-Dynasty. That is partly of right thing and partly of wrong. There was not a distinction but classification between man and woman. In the Yi-Dynasty, they thought that the social role differed with the sexual distinction. Then they would give a treatment suitable to social role. With a viewpoint of nowadays, the treatment by social role is unfair. But it is poor judgement. The viewpoint does not make any Nation free, because the equality of both sexes is issued modern times. The legal position of woman in the Yi-Dynasty is different from the age of Europe. A woman in the Yi-Dynasty had a equal right to a man on the part of private law. Above all, men and women were treated equally on the right of succession. And a female prisoner on criminal proceeding was taken care of to keep her self-respect.