16세기 財産相續과 祭祀承繼의 실태

Abstract

The Reality of the Inheritance and Ancestor-Worship in the 16th CenturyJung, Geungsik*攀* Associate Professor, College of Law Seoul National University攀攀In this Paper, I analysed the reality of inheritance, ancestor-worship by about 250 pieces of manuscripts in the 16th Century. I separated inheritances as an inheritance by ancestors(Heoyeo; 許與) and an inheritance by heir(hwahoe; 和會), a donation(Byeolgeup; 別給). With the lapse of years, the ratio of an inheritance by heir became higher and that of an inheritance by ancestors did lower but that of a donation was constantly high. This phenomena mean the harmony of the equal inheritance of offspring and the liberal testament. And they made many devices to prevent the disputes concerning inheritances. The causes of donations are a passing examination for officials and ancestor-worships. So we know that the aspect of a family was become important. The ancestor-worship was conventional not observing the Suhsi`s Family Ritual or the regulations of Gyeonggukdaejeon(經國大典). But the latter half of the 16th century the ancestor-worship had a tendency to observe the Suhsi`s Family Ritual or those of Gyeonggukdaejeon, in addition began to have proper characters. Conclusively the 16th century in Korean history is transitional period. The system of Gyeonggukdaejeon which was formed at the 15th century acted and at same time began to collapse in the 16th century. So I prescribe the 16th century as it in Korean history and society.