전환기의 조선초기 상속법

Abstract

One of the striking characteristics of the inheritance in the early Chosun periodwas that the offsprings could have equally received parents’ fortunes regardless ofsexual discrimination since the late Korea Dynasty. The tendency of the inheritancein the early Chosun period shows the severe regulation to prohibit the member ofthe same clan from giving the wealth to other persons of a different clan. It is apiece of good evidence that a husband and wife managed respectively individualfortunes during the lifetime and their respective clan gathered the remained propertywhen they died without sons and daughters. As opposed to this, In the late Chosunperiod wife’s fortunes was absorbed in husband’s. In order to make it, I based itsapproach to paleography such as the Annals of the Chosun Dynasty and manuscriptsincluding punjae-gi(分財記, a documentary draft describing each allotment portion offortunes) as the primary sources and other relevant material as well. In the beginning of the Chosun dynasty, there were big attempts to change theexisting Inheritance law system since the late Korea Dynasty. The historical fact thatthe Korea Dynasty was buddist country, but the Chosun dynasty was confuciouscountry is also a important element of change. This transformation, I would like tocall the first transformation of Korean family law system in Korean history. It canbe characterised to be, so called, the enforcement Confucius Chonfa system(宗法制)by the reformest Chosun government. Above all these reforms it can be explainedthe change from so called Namguiyeoga(男歸女家), of the newly-wed husband takingresidence in his wife’s family’s residence to a new practice called Chinyeong-jae(親迎制). It was the first transformation of marriage system on the Korean history. Butthe attempts did not succeed in national range, but only in Royal Family. One of the characteristics in the inheritance of the Chosun Dynasty is uniquetradition developed from the Korea Dynasty. Also it shows many differences whencompared with the bequest systems of the neighboring country China. In traditionalChina the impartial distribution of fortunes was just for sons, but daughters merelyreceived a paucity of dowry when they get married. In fact, donors’ intentionnaturally was reflected in the distribution of their fortunes, but from time to time theheirs could claim for their ownership through the indictment when donors’ decisionwas so partial or ignored traditional custom. However, still many cases show thatsons and daughter had a choice to address to a district governor a plea after parentsdied rather than before. From the late of Korea Dynasty to the early of ChosunDynasty, Wife’s economic power is not weak. Her affection was the one of themajor factor of social effect. Especially In the Early Chosun Period, Wife’sIndividual Property played an important role in society. On the other hand, One of the striking characteristics of the inheritance in theearly Chosun period was that such impartial distribution of fortunes, one of thecharacteristics in the inheritance of the Chosun dynasty, is unique tradition developedfrom the Korea dynasty. Also it shows many differences when compared with thebequest systems of the neighboring countries, China and Japan. In traditional Chinathe impartial distribution of fortunes was just for sons, but daughters merely receiveda paucity of dowry when they get married. As in the same context, it is hard tofind such unbiased distribution cases similar to the Chosun dynasty in Japan. Nowadays the second transformation of Korean family law system is on the way. Sostudying the experience of the early Chosun dynasty will be very important materialto the lawyers and scholars of these days.