The Impact of Modern Property Law on Female Property Rights in Korea: Toward a Fair Inheritance System

Abstract

Japan enacted German-style inheritance laws in its Asian colonies of Taiwan,Korea, and Micronesia after it colonized these areas. Before colonization, the areas had different inheritance laws. Land had been passed from a father to a son in Taiwan and Korea. In Micronesia, land had been passed from a father to a daughter (subject to the father's revocation). In principle, the newly adopted law allowed a spouse, sons, and daughters to receive a relatively fair inheritance. Facing the conflicts between traditional customs and newly introduced law, locals circumvented the law. This paper investigates how the new inheritance law impacted female property rights that were different from customary practice. In order to distinguish“customary rights of the oldest son as a clan leader” from “gender discrimination,”this paper studies the “difference in differences” in inheritance between “the oldest son and the youngest son” and “the oldest son and the oldest daughter.” A comparative analysis of the differences suggests that the new inheritance law is fair and that it improves female property rights even though gender discrimination remains substantial.