Land Reform and Colonial Land Legislation in Korea, 1894–1910
2
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
This article aims to identify how Japanese colonial land legislation was establishedthrough the use or exclusion of the Korean government’s autonomous land reforms. In order to set up the legislation of modern land ownership in Korea, it was necessarythat the government grapple with several problems: confirming the concept ofmodern land ownership, resolving the multilayered land ownership system, andidentifying the principal subject of ownership to guarantee safe land transactions. First, the Korean government accepted the concept of modern land ownership in theJapanese Civil Code. Secondly, while attempts by the Korean government to resolvemultilayered land ownership were unsuccessful, the Japanese Residency-General ofKorea forcefully took away the rights of multilayered landowners without compensation. Thirdly, although the Korean government created a land register and issuedland ownership deeds, the subject of ownership remained unclear and thus the realestate registration system of Japan was introduced. Existing traditions and customsin Korea were combined with new legislation from Japan in order to create colonialland legislation.
Abstract
This article aims to identify how Japanese colonial land legislation was establishedthrough the use or exclusion of the Korean government’s autonomous land reforms. In order to set up the legislation of modern land ownership in Korea, it was necessarythat the government grapple with several problems: confirming the concept ofmodern land ownership, resolving the multilayered land ownership system, andidentifying the principal subject of ownership to guarantee safe land transactions. First, the Korean government accepted the concept of modern land ownership in theJapanese Civil Code. Secondly, while attempts by the Korean government to resolvemultilayered land ownership were unsuccessful, the Japanese Residency-General ofKorea forcefully took away the rights of multilayered landowners without compensation. Thirdly, although the Korean government created a land register and issuedland ownership deeds, the subject of ownership remained unclear and thus the realestate registration system of Japan was introduced. Existing traditions and customsin Korea were combined with new legislation from Japan in order to create colonialland legislation.
참고문헌 (32)
- Ahn, Byung-Tae, "A Study of Modern Economic History in Korea" (1975), Nihon Hyoronsha
- Bae, Young Soon, "Land Ownership Dispute in Land Survey of Post-Station-Owned and Public-Offices-Owned Lands in the Korean Empire", Journal of Korean History, 25 (1979)
- Bae, Young Soon, "Existence of Dojang for Royal Lands in the Late Joseon", Journal of Korean History, 30 (1980)
- Bae, Young Soon, "Land Survey and Land Tax Reform in the Early Japanese Colonial Period" (2002), Yeungnam University Press
- Cho, Seok Gon, "The Formation of Modern Landownership in Korea" (2003), Haenam
- Choe, Won Kyu, "The Establishment Process and Orientation of Land Ownership Law in the Period of Korean Empire and Colonial Korea", Journal of Korean Studies, 94 (1996)
- 최원규, "한말 일제초기 공토 정책과 국유민유 분쟁", 한국민족문화, 45(45), pp.119~170 (2012), 한국민족문화연구소
- Chung, Youn-tae, "Conflicts over the Real Estate Registration System and Its Conclusion in Late Period of Korean Empire", Korean Journal of Korean Legal History, 16 (1995)
- Doh, Jin-Soon, "Intermediary Land Owners and Tenants’ Resistance against Rent in Royal Land in the 19th Century: Focusing on Jaeryeong Yeomulpyeong Royal Land", Journal of Korean History, 13 (1985)
- Jiang, Binkun, "A Study of Land Tax Reform in Taiwan" (1974), Tokyo University Press
- Jung, Geungsik, "On the History of Modern Law in Korea" (2002), Bakyeongsa
- Kim, Yangsik, "Modern Power and Land: From the Survey of Post-Station-Owned Lands and Public-Offices-Owned Lands to Disposal" (2000), Haenam
- Kim, Yong-Sup, "A Study of the Korean Modern Agricultural History Vol. 2" (1984), Ilchokak
- Lee, Seung-il, "A Study of the Customs of Japanese Empire and the Establishment Process of National Customs: Centered on Compilation of Korean Custom Investigation Report", Journal of Eastern Studies, 67 (2009)
- Lee, Yeong-Mi, "Korean Judicial System and Ume Kenjiro" (2005), Hosei University Press
- Lee, Young-ho, "Colonial Modernity and the Investigation of Land Customs:A Comparison of Japan, Taiwan, and Korea", Korea Journal, 44(2) (2004)
- 이영호, "일제의 한국토지정책과 ‘證明→地券→登記’로의 단계적 전환", 한국사연구, 37(142), pp.295~336 (2008), 한국사연구회
- 이영호, "한말 일제초 근대적 토지소유권의 확정과 국유·민유의 분기 -경기도 안산 석장둔(石場屯)의 사례-", 역사와 현실, 77(77), pp.281~319 (2010), 한국역사연구회
- Lee, Young-ho, "The Land System of the Korean Empire and Modernity" (2010), Hyean
- 이영호, "근대전환기 궁장토 소유권의 향방 : 경상도 창원 龍洞宮田畓 ‘永作宮屯=租200斗型’의 사례", 한국학연구, 24(24), pp.145~179 (2011), 한국학연구소
- Miyajima, Hiroshi, "A Historical Study on Land Surveys in Korea" (1991), Institute for Oriental Culture, University of Tokyo
- Miyakawa, Kiyoshi, "The Formation of Modern Landownership in Japan" (1978), Ochanomizu Shobo
- Organization of Korean Historians, "Land Survey Projects of the Korean Empire" (1995), Minumsa
- Organization of Korean Historians, "Land System of the Korean Empire and Modernity" (2010), Hyean
- Park, Byeong-ho, "A Review of the History of Korean Legislation" (1974), Beobmunsa
- Park, Byeong-ho, "Land Survey Projects of the Korean Empire" (1995), Minumsa
- Park, Chan-seung, "Strengthened Management of Land Owners and Tenants’Resistance against Rent in the End of the Joseon Dynasty", Review of Korean History, 9 (1983)
- Park, Jin-tae, "Land System of the Korean Empire and Modernity" (2010), Hyean
- Park, Jun-seong, "The Expansion of Royal Land and Change in Type of Ownership in the 17-18th Centuries", Review of Korean History, 11 (1984)
- Rhee, Younghoon, "The Socioeconomic History of the Late Joseon Dynasty" (1988), Hangilsa
- Shin, Yong-ha, "A Study of Land Survey Projects in Joseon" (1982), Jisik Sanupsa
- Wang, Hyeon-jong, "Land Survey Projects of the Korean Empire" (1995), Mineumsa