지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
In this thesis, I reviewed the case concerning with landownership that occurred in Buan provinces during in the early 19th century. In a viewpoint which is of economics and history, the ownership is important subject.
It is a highly meaningful material that Gyulsong-yiban(決訟立案) finally making out by Buan-Hyun(扶安縣) hyungam(縣監, the governor in Buan) in 1801 because this document is uniquely existing Gyulsong-yiban in Buan Kim clan(扶安金氏, generally so-called Uban-dong Kim clan : 愚磻洞 金氏). Gyulsong-yiban means a judgement document in the era of Chos?n dynasty that a governor make out and give to a petitioner who submitted a petition before. Therefore Gyulsong-yiban almost contains all about the detail of a case. In this Gyulsong-yiban, we can analysis the whole of the court procedure that Kim gi-jung and Kang jae-tae had disputed each other through. The start of this case caused by realestate in 愚磻洞 which had been sold by Kim gi-jung's father, Kim jung-ha and Kim gi-jung win the case in the end. In a viewpoint of law-system of the Chos?n dynasty, it would have applied positive law on scrupulosity related to the law of legal procedure and criminal law. Particularly in this case, Gobu-goonsu(古阜郡守, a governor of Gobu county beside Buan) as a investigator, in spite of different jurisdiction, inquired the fact-finding and heard witness, etc. Analyzing his a brief of trial(査報), we can understand thinking-system of local governor in the era of Chos?n dynasty who might have charged with administration and judicature.
One of the most significant concept attached to this case is 'Hwan-toi'(還退 : in contemporary similar term in Korean law, 還買-repurchase) which was one of the specific aspect of landownership in the era of the Chos?n dynasty. As a matter of course, the Chos?n dynasty fundamentally prescribed in the positive law-code(for instance 經國大典, 續大典; etc.). Furthermore in the transaction or contract document at that era, 'Myong-moon'(明文), an intention of Hwan-toi had been frequently written on the Mvong-moon by the person concerned with a contract as the occasion demands. On the surface, carrying out the contract of Hwan-toi simply seems to repurchase and resell but like in this case, the essence of Hwan-toi is real rights granted by way of security on the form of transferring the right of ownership.
The reason of that can be brought a subject to light by an aspect of social history included in this case. Because in a viewpoint of social history this case might not just have the meaning of property-return. Considering another material connected with this Buan-Kim clan, we can find that Kim gi-jung's grandfather, Kim deuk-moon, had been imprisoned in 1760. Because Kim deuk-moon hit his woman servant to death and he sued by her sons. So by the reason of aftereffect of this scandal, his family shuld have changed residence from 愚磻洞 to 甕井. This case had been occurred at that time of Kim gi-jung's family living in 甕井. At last Kim gi-jung won this lawsuit. And he return his family's realestate and the other property. This means that he take the very important chance and funds to return to 愚磻洞. In the era of the Chos?n dynasty, no matter what a certain family leaved their own hometown and win back is the entirely interest experience. Besides returning 650兩(兩, one of monetary unit in the Chos?n dynasty)'s worth of lands, houses and trees dosen't mean only winner Kim gi-jung's glory but also descendants can gather the wealth, maintain self-esteem about thier ancestor.
It is a highly meaningful material that Gyulsong-yiban(決訟立案) finally making out by Buan-Hyun(扶安縣) hyungam(縣監, the governor in Buan) in 1801 because this document is uniquely existing Gyulsong-yiban in Buan Kim clan(扶安金氏, generally so-called Uban-dong Kim clan : 愚磻洞 金氏). Gyulsong-yiban means a judgement document in the era of Chos?n dynasty that a governor make out and give to a petitioner who submitted a petition before. Therefore Gyulsong-yiban almost contains all about the detail of a case. In this Gyulsong-yiban, we can analysis the whole of the court procedure that Kim gi-jung and Kang jae-tae had disputed each other through. The start of this case caused by realestate in 愚磻洞 which had been sold by Kim gi-jung's father, Kim jung-ha and Kim gi-jung win the case in the end. In a viewpoint of law-system of the Chos?n dynasty, it would have applied positive law on scrupulosity related to the law of legal procedure and criminal law. Particularly in this case, Gobu-goonsu(古阜郡守, a governor of Gobu county beside Buan) as a investigator, in spite of different jurisdiction, inquired the fact-finding and heard witness, etc. Analyzing his a brief of trial(査報), we can understand thinking-system of local governor in the era of Chos?n dynasty who might have charged with administration and judicature.
One of the most significant concept attached to this case is 'Hwan-toi'(還退 : in contemporary similar term in Korean law, 還買-repurchase) which was one of the specific aspect of landownership in the era of the Chos?n dynasty. As a matter of course, the Chos?n dynasty fundamentally prescribed in the positive law-code(for instance 經國大典, 續大典; etc.). Furthermore in the transaction or contract document at that era, 'Myong-moon'(明文), an intention of Hwan-toi had been frequently written on the Mvong-moon by the person concerned with a contract as the occasion demands. On the surface, carrying out the contract of Hwan-toi simply seems to repurchase and resell but like in this case, the essence of Hwan-toi is real rights granted by way of security on the form of transferring the right of ownership.
The reason of that can be brought a subject to light by an aspect of social history included in this case. Because in a viewpoint of social history this case might not just have the meaning of property-return. Considering another material connected with this Buan-Kim clan, we can find that Kim gi-jung's grandfather, Kim deuk-moon, had been imprisoned in 1760. Because Kim deuk-moon hit his woman servant to death and he sued by her sons. So by the reason of aftereffect of this scandal, his family shuld have changed residence from 愚磻洞 to 甕井. This case had been occurred at that time of Kim gi-jung's family living in 甕井. At last Kim gi-jung won this lawsuit. And he return his family's realestate and the other property. This means that he take the very important chance and funds to return to 愚磻洞. In the era of the Chos?n dynasty, no matter what a certain family leaved their own hometown and win back is the entirely interest experience. Besides returning 650兩(兩, one of monetary unit in the Chos?n dynasty)'s worth of lands, houses and trees dosen't mean only winner Kim gi-jung's glory but also descendants can gather the wealth, maintain self-esteem about thier ancestor.
목차
Ⅰ. 머리말
Ⅱ. 자료의 문서학적 특징과 편성
Ⅲ. 사례 분석
Ⅳ. 사회사적 의미
Ⅴ. 맺음말
(부록) : 還退事件 決訟立案 本文
[Abstract]
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
簡札을 통해 본 扶安金氏家의 경제활동 : 선박운행을 중심으로
장서각
2004 .12
-
扶安邑城안 솟대당산의 多重構造性과 祭儀놀이
비교민속학
1990 .05
-
Communication System during the Chosŏn Dynasty, 1392-1910
Korea Journal
1985 .10
-
State of Research on the Latter Period of the Chosŏn Dynasty
International Journal of Korean History
2003 .08
-
兩章時調에 對한 小考
시조학논총
2016 .07
-
Women’s Life during the Chosŏn Dynasty
International Journal of Korean History
2004 .12
-
[Men and Ideas : 10] The Life and Thought of Kim Man-jung
Korea Journal
1972 .01
-
伊藤東涯의 『三韓紀畧』편찬과 조선 연구
사학연구
2018 .03
-
Return
Korea Journal
1981 .03
-
탈북 작가 도명학과 이지명의 단편소설에 나타난 ‘인간’의 조건
통일인문학
2017 .03
-
Chosŏn Dynasty Maps of Seoul
Korea Journal
1990 .06
-
양반가에서의 노비 역할 : 전라도 부안의 우반동김씨가의 사례를 중심으로
지방사와 지방문화
2012 .05
-
扶安 茁浦 朴少女巫俗調査
헤리티지:역사와 과학
1985 .01
-
김태준의 조선-문학-사 구상과 조선 가요 -작품들의 고고학, 문서고로서의 문학사
한국현대문학연구
2019 .12
-
소송사회의 필요악 訟師 : 明淸대 文言小說 속에 나타난 訟師의 형상과 법률문화
중국어문학논집
2011 .06
-
The Study of Status Groups in the Chosŏn Period
THE REVIEW OF KOREAN STUDIES
2001 .12
-
關於高句麗長壽王後裔的硏究 : 以『高氏家譜』爲中心
고구려발해연구
1995 .12
-
Re-evaluation of the Chosŏn Dynasty's Trade Relationship with the Ch'ing Dynasty
International Journal of Korean History
2002 .12
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2010-151-001730959