조선시대 가장(家長) 지위의 구축과정과 국가-<조선왕조실록>의 가장 관련 기사를 중심으로-

Abstract

This study examines the process in which the meaning of gajang’s authority was constructed through a content analysis of the articles of the Annals of Chosǒn Dynasty related to gajang. The status of gajang in Chosǒn is defined in the law books of the Chosǒn period such as Gyeonggukdaejeon. The legal codes, on the one hand, secured the authority of gajang by precluding his servants, descendants, wife, and concubines from slandering, proving his guilt, or accusing him. On the other hand, the law gave the gajang responsibility over his ga by punishing the gajang if a member of his ga broke a law. Chosǒn exercised the state control over its people through gajang. However, the practice of such control was not the same throughout the Chosǒn period. In accordance with the specific situations of the time, new regulations related to gajang’s authority were established while some old ones were discarded. The state intended to establish the order of gangsang (綱常, the fundamental duties people shall follow) through solidifying gajang’s authority over the members of his ga. This, however, could also mean that the state relinquished authority over its people. Therefore, in the early Chosǒn period, the issue related to the proper level of gajang’s authority over the punishment of his subordinates such as his servants was seriously discussed. During this time, although the gajang was actually punished in the cases in which a member of his ga committed serious crimes such as a murder or treason, there were not many cases the gajang was punished for the violations of social prohibitions – such as women’s misbehavior - of the members of his ga. In the late Chosǒn period, it was discussed to insert an additional clause to make the gajang responsible for his subordinates’ everyday violations of social prohibition such as illegal butchery, logging, brewing alcoholic beverages, and extravagance. In fact, there are cases of such punishments. Gajang’s responsibility and authority over the members of his ga was gradually extended to reach every nook and corner of everyday life. The governing power of the state in the late Chosǒn period reached the people through holding gajang responsible for the members of the ga. While controlling its people using gajang as a medium, the state shifted to gajang its responsibility to directly punish those who broke a law. This governing through gajang shows a characteristic of the state of Chosǒn.