韓·中 고전문학 속의 여성과 송사(訟事

Abstract

This article wants to review classical Korean and Chinese literature in which women either file lawsuits or are also sued. In most cases, when a womanis sued or subjected to a lawsuit, if the protagonist is a filial daughter, virtuous daughter or lady, the case usually ends with a happy ending, material reward and social acclaim. This shows a side of the feudal society of ancient Korea and China, wherethe ethics of the social norm prevailed over the strictness of the law through litigation. On the other hand, in spite of good intentions and good behavior, unfairness may end up with resentment unresolved. This is also an example of the limitations of societyat the time when the legal process of litigation is a sort of way to embodying social justice, but the opportunity cannot be fully guaranteed to women in a feudal society of male-dominated system. Some women also publicly appeal to society and seek to resolvetheir grievances through retrial with becoming ghosts. This is because it enabled the restoration of the honor and even the inner dignity of Western women, and the establishment of social order and realization of social justice through punishment by publiclaw enforcement.