17세기 장자의 계후와 그 특권적 성격

Abstract

This paper was written down to clear up the character of adopting sons that became more common as a way of family succession of the noble after the 17th century. Adopting sons was managed as a systematic level from the foundation of the Joseon Dynasty. In the 17th century, the adoption of sons out of the category prescribed from the nation was permitted. Among sons, adopting the first sons means that qualification of adopted sons was expanded from sons except the first sons to all sons. At first, since the first sons were regarded as men to succeed their original pertinent families, they were excluded from objects of adoption, but the adoption of the first sons was permitted centered on some classes. In family succession of other adopted first sons, there is some aspect that permission or not was differed according to positions of petitioners. The action that grandparents adopted the first grandsons as replacement of their dead first sons infringed two articles of law books; however, compared to the articles, there were not big restraints comparatively. Also, family succession by adoptive parents was turned into the permitted direction after a case of a descendant family of Yoon Geun-soo in the 17th century. For original families and adopted families to agree with the family succession by the adopted first sons was to prevent ending of the family lines. It is apprehended that adoptive parents and biological parents were mostly relation of brothers or cousin brothers. In the position of younger brothers, because performing ancestral rituals including older brothers was considered more importantly than their memorial services after their death, older brothers adopted the first sons from his younger brothers’ families. In the position of older brothers, they not only needed successors to hold ancestor-memorial services including their ritual performances after their death but also preferred people who can conduct the role of helpers from the beginning of adoption. Therefore, among nephews comparatively near adults; namely, they chose the first sons of their younger brothers as their successors. In the position of the nation, it considered importantly prevention of ending family lines. But, as the family succession of the adopted first sons was not allowed in the law, it seems that proper guidelines were needed in accordance with the rule. So, by a special benefit of a king, the family succession of the adopted first sons was approved. But, objects to receive the special benefit were restricted to some classes. The first classes were prescribed to be relatives of the royal family, meritorious retainers who have distinguished contributions to the nation, three highest ministers, and smart and benevolent nobles who do not enter government service. The second classes are families called the lineage of the main families and are pertinent to people who practice worship of ancestors of two generations and more in reality. In conclusion, the reason that the nation enlarged the qualification of adoptive successors which was limited to sons except the first sons until the first sons was to admit privilege of people who were high ranking officials of the nation in the adoption system, at the same time, was to admit importance of family lineage which performs rituals of ancestors of two generations and more. Because the first classes were in almost the same category of eight conditions that criminal privilege can be permitted and punishment was lessened in the early Joseon Dynasty, it is interpreted that their rights were expanded into the system of adopting sons. The second classes were proper to the original purpose that adopting sons was a contrived succession method to serve ancestral rituals. So, it can be said that position of family lineage to hold rites of ancestors of over several generations was admitted.