승려의 친족 및 상속에 관한 관습

Abstract

There is an article about buddhist priest’s domestic relations and succession. Although this paper is not a pending issue including legal controversial problems, the thesis can nevertheless be extremely valuable, because there is no study at all until this times. The custom survey of the Chosun Chongdokbu under the Japanese Imperialism was to justify Japanese invasion. The Chosun Chongdokbu collected and searched custom which was prevailed in Korea at that time. Therefore the collected custom may be important as de facto custom in those days. Korean Civil Law article 1 prescribe if there is no provision in Acts applicable to certain civil affairs, customary law shall apply, and if there is no applicable customary law, sound reasoning shall apply. And then the habitual and traditional practice is changed to customary law by the legal conviction. Under the Japanese Imperialism, Chosun Higher Court had decided on the legal problems of buddhist priest by custom at that time, so that the custom which is based on suit might change into customary law. For that reason, it is significant to survey custom and search habitual and traditional practice at that point in time. Buddhist priest is composed of bigu(buddhist monk) and biguni(buddhist nun), and then a master or teacher priest and a monk(sangjoa) who is first in line to succeed his master or teacher. Master and sangjoa have very good domestic relation with agreement such as adoption. They are under obligation to support both. If a master priest died, sangjoa succeed master’s property, so that master’s mundane life families may not succeed. If there are many sangjoas, they may succeed property in order of achieving spiritual enlightenment.