한국 혼인풍속에 미친 중국 法文化 영향

Abstract

People do not see much variety in their customs at changes that take place in governments and rulers in a sense that long-lasting habits and practices are to be perpetuated into their life and spirit, or people naturally try to avoid something that they are not familiar or comfortable with. Likewise, matrimonial customs also faced a need for changes, which actually were not to be accepted by those who had followed a traditional Humanities Study by Chu Hsi. According to the followers, a man would live in his wife’s home to let his children inherit family traditions on their mother’s side. And this is strongly against their ideological doctrines that promoted a male-dominated society. But, for those familiar with living in wife’ house, a Chinese way of living in husband’s house was one way that had to be avoided. So, in early Chosun Dynasty, Kings continued to point out such customs and advise otherwise only to be rejected even by their own government officers. Thus, the Chinese way of marriage was forced to begin from royal marriages, and later, followed by the officers. This study aims to note the legal influence of Ming Dynasty’s statute on changing matrimonial customs of Chosun Dynasty. Here follows the results. Chu Hsi customs had to put people under restraint and pressure to be accepted by them, which made a contribution to a circulation of political ideas of Chu Hsi. Without legal restraints and pressures, citizens could not have accepted the new customs, further resisting the process of making the new customs universal. This is the very reason for why the legal aspects of Ming Dynasty’s statue, which was used as political means, are to be preceded in understanding Chosun Dynasty, not by simply emphasizing politics of Chu Hsi.