16~18세기 分財文記에 수록된 背頉斜給立案의 내용과 성격

Abstract

This study set out to investigate the content and nature of "Baetal notarized documents on ownership" on the back of paper based on the documents on the division of property with the most Baetals on the back of old documents in Joseon. In documents on the division of property, Baetals were mainly used in the form of notarized documents on ownership to notarize a change to ownership in case of some changes to some of the content on the front of the documents. When there was a dealing of slaves(奴婢) or land, the concerned parties had to have their documents on ownership notarized by the government office. The procedure was particular and expensive, which was why they introduced a simple format. Baetal notarized documents on ownership have the nature of a simple document on ownership. The amounts of notarized documents on ownership gradually decreased in the 18th century when Baetal notarized documents on ownership made a rapid increase. The government intended to restrict the trade of slaves or land and accordingly made it mandatory to report such a case of trade to the government office from the early days of Joseon. The trade of slaves and land was, however, not suppressed and instead spread gradually, which resulted in the introduction of a brief Baetal notarized document on ownership for the notarization of slave trade along with notarized documents on ownership. As the percentage of Baetal notarized documents on ownership rose gradually, the notarization procedure became simple. In the area of land trade, a new method settled down of exchanging old documents as well as new ones on the trade of land instead of issuing a Baetal notarized document on ownership. There were many slaves recorded in documents on the division of property, which means there were also many cases of trading registered slaves. It explains the reason why the frequency rose of Baetal notarized documents on ownership recorded on the back of paper. Even though Baetal notarized documents on ownership represented a simple form of notarization, they promoted an efficient administrative procedure to generate dual effects of forbidding the seller's double sale and ensuring the buyer's evidence of ownership. These findings raise a need to understand Baetal notarized documents on ownership in the processes of property division and inheritance, subsequent trade of property, and reporting and notarization of trade facts.