조선후기 친생자관계 부존재 확인소송-부자간 소송과 강상 위반-

Abstract

This article is intended to an action demanding confirmation of denial paternity due to any other reasons in the late Joseon Dynasty. This Case, which was discussed intensively in the second year of King Yeongjo's reign (1726), is started from whether it was true or not that a woman gave birth to a baby over the age of 50. The first decision of the court in Yeonggwang-gun was denied having children over the age of 50, and those who claimed existence of paternity were punished. What was used at this time was a blood synthesis method(Haphyul) that determines the authenticity of biological relationships by combining blood between parents and children. However, the character of the case is changed as it is handled centrally. The statements of those involved to determine biological relationships are testimony to each other, as those involved were parents and children, older brother and younger brothers, owner and slaves. As a violation of loyalty, it was transformed into a violation of the Human Ethics(Kang Sang, 綱常), and the dependence of the biological relationship served as a premise to punish the violation of the Human Ethics. In order to punish violations of the Human Ethics, the results of the blood transfusion was deliberately interpreted, and the decision of the court in Yeonggwang-gun was reversed. Paternity was recognized, and those who denied paternity were punished for violating ethics to take possession of property of father(or elder brother of owner). The substance of the case was eventually found to be in denial of biological relationships. However, in a society where science has not developed, the interpretation of blood clots and the judgment of biological relationships through the statements of those involved still leave questions about the actual truth. This event shows a certain effect on the relationship of reality when ethics enters the realm of law.