15세기 奴良妻交婚 정책과 교혼 실태

Abstract

While ≪The Great Ming Code大明律≫prohibits a marriage between a commoner and an indentured servant, no regulations banning such a marriage is found in the ≪Gyeongguk Daejeon 經國大典≫ (the National Code), a comprehensive national code of Korea empowering Confucian rituals and principles for social organizations. The discrepancy arises from the differing points of view: one delivered by the Chinese government intends to expand the common population while the latter benefits the interests of owners wanting to maintain an iron hand over their private slaves. By the early 15th century, King Taejong (the 3rd king of the Joseon Period, r.1400~1418) banned a marriage between male servants and female commoners, created a national policy to secure the commoner population, and promulgated a law stating that female servants married to male commoners, their children will obtain free commoner status. But since King Sejong (4th king of the Joseon, r.1418~1450), the Joseon government’s policy toward the slave changed to accomplish the slave owner’s interests. ≪Kimmu heoyeo mungi≫ (Kim Mu’s Will) which was drawn in 1418 and revised in 1429, is the oldest document containing the expression ‘male slave and female commoner co-produced children’, showing then slave owners’ thoughts on the slaves. Afterward, the expression is frequently found in many old documents, asserting ownership over the children from the male slave/female commoner marriage belonged to slave owners. According to the 15th century documents, children by marriage between a male slave and a female commoner stands at around a quarter or a third of the total. This figure is based on the analysis of the old documents of the families of Lee of Jeonju clan, Gwon of Andong clan, Lee of Jaeryong clan and others.