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일제시기 촌락 재편과 촌락의관습법적 성격

Rearrangement of Villages and the Characteristics of the Village Community under the view-point of Conventional Law

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]Although the village ruling policy of the governor-general's office focused on absorbing the existing autonomous function through formation of new administrational village community, the existing autonomous function of the existing village community(洞里) remained and the governor-general's office decided to take advantage of it instead. So throughout the Colonial Rule age there was conflict between the administration and the autonomous function, Rather, as the autonomous function of villages maintained in general, and the governor-general's office tried to win this and use in terms of administration, the systemic characteristics were more strengthened than before. Meanwhile, during the process of the initial old practices inspection, the legal ability of village community, which was recognized as a corporate body in a relatively broad range, became gradually limited legally as the behavior ability and party ability in lawsuits were not admitted. Even though property of villages was recognized, the ownership including village estates became included in the joint tenancy, which caused partition or transferring of property to be limited. (Sungkyunkwan University, Academy of East Asian Studies/hdyun@hananet.net)

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