79“ n ‘ .' 3:- nfi.‘ 1 ,17 H x ‘ ° 1'“ f Lvu I Wis—13236 g? “3 9 5 22:50 06:3 E Y‘M “ mt: N0V5~v1'7‘5‘2503$ ABSTRACT THE HISTORICAL DEVELOPMENT OF THE KOREAN SOCIO-FAMILY SYSTEM SINCE 1392 -- A LEGALISTIC INTERPRETATION by Dae Hong Chang The purpose of this study is to examine the structural and functional aspects of the Korean socio-family system past and present. Legal aspects of the family system as a whole are explored since 1392, the beginning of the Yi dynasty. According to this study, there are indications that a matriarchal family system prevailed up to the Koguryo dy- nasty (37 B.C. - 668 A.D.) and gradually evolved into a patriarchal family system. During the Yi dynasty and thereafter, Korean society recognized, by law and prac- tice, only the patrilineal and patrilocal family system. The development of the traditional family under this s udy is shown to be the result of (l) agriculture, (ZTS Confucian concepts of "human relations," and (3) influ- ence of the Chinese culture, prior to 1910. The modern I family system is, in the broadest historical sense,~ Dae Hong Chang initiated by the Japanese —- 1910-1945. Since 1945, the family structure and membership has become much smaller as defined in the Civil Law primarily as a result of western influence. Social control mechanism has been maintained on an in— formal or personal basis according to the natural organic differentiations such as age, sex and status during the Yi dynasty. However, since 1910 an increasing number of individuals formerly belonging to mutually exclusive so- cial groups have come into contact with one another as a result of industrialization and social mobility; this transition has required impersonal legislation and the formulation of laws to facilitate mass control. Within a historical context, Korean society has under- gone three major stages of transformation since 1392. Each of these periods witnesses profound changes in the structure and function of the family and social system. The first, called "period of clan recognition" by the author, covers the years between 1392-1910. During this period, the family is recognized only through clan; the family is not legally recognized as a unit of the State. The second period, designated the "period of family recognition," comes about under the Japanese occupation Dae Hong Chang in Korea from 1910 to 1945. It is the first time in Ko- rean history that the family is dis nguished as a unit of the State, by law and practice The C} = - Married w 0 D At this stage of development, the father is called "kajang," or family head. As long as the father lives, he is the central figure within the family. With the coopera- tion of his wife, he administers such family affairs as 76 property management, maintenance of ancestors' grave yards, children's education and discipline, and marriages for the children. Throughout the lifetime of the parents, Chil- dren are subordinate to them even after the children's mar- riage, except for the married daughter. Respect and obedience are two essential duties of the children toward their parents; violators are punished either by the parents, by the Clan council, or by the government. At this level of development, it may be said that, because of the compactness of the family, intimate relationships among the family members are most likely to prevail in com- parison with the second and third stage of family develop- ment. The essential characteristic of the traditional family is the fact that the sons continue to reside with the par- ents after marriage. For instance, after the two sons' (B and C) marriages, their wives will move into the house of their parents-in-law and all live together under the same roof. Since Korea recognizes only the patrilineal and patrilocal family system, after the daughter's (D) marriage, she becomes a member of her husband's family. Therefore, after the Children's marriage, the diagram would show the following relationship: 77 Second Stage of Development A A=0 When the father dies, the eldest son assumes the kajang, or headship of the family. Unless otherwise speci- fied by law, the eldest son is the only legal heir to con- tinue the family line. Accordingly, B's wife is higher than C's wife in status regardless of age. Upon the death of the mother, the eldest son's wife assumes the responsi- bilities which formerly belonged to the mother-in-law. Later the married sons, B ande, may have their own chil- dren (Grandchildren of A). Upon reaching a certain age, their children will get married; the males bringing their wives into the family while the females will be married out. These grandchildren will still live with their par- ents, their grandparents, their uncles and their aunts. At this stage, a single family consists of three gen- erations and still all the members live under one roof. 78 Diagrammatically, the development of the family may be depicted as follows: Third Stage of Develppment lst A = O ‘—‘ Generation 2nd ““ Generation C) =: [A = C) B ‘ ’ 2 3rd J) J) ""'"Generation . 0 A - Q As we have observed, at first, there is a simple fam- ily composed of only parents and children, as in diagram 1. This gradually grows and reaches the second stage and then develops into a large group. Such families sometimes spread themselves and occupy a whole village, which then is termed a "clan village."4 Because of the patrilineal 4 Kim, op. cit., pp. 22-3. 79 family system, all the clan members carry the same surname except for the married-in females. When the family has grown into a very large group, it is difficult for one house to hold or accommodate all the family members. Therefore, the second or third son and their wives often establish separate households nearby, with the permission of the parents. As time goes on, however, even a village is not large enough to retain all the mem- bers and thus a few households of the extended family, with the arrangement of the clan council, would emigrate into a different locality. There they grow and develop in the same way as the original family from which they came. 5All the families descended from the "first family" (Stage 1) continue to hold together, they would in time form a very large group--clan and tribe. These would begin to be formed as soon as some principle of succession or election to the chieftainship preserved families from dissolving on every death of a chief. Or they might arise through the families of the tribe by a name indicative of such descent and of a special connection between them. As there would be the nucleus of a new tribe whenever a man descended from the "first family" separated, with his wife and children, from the main body of his kindred, and settled in a new district, in the course of generations-—after many such separations had taken place--the descendants of the "first family" might constitute many tribes and be the population of a large country. The tribes, being united by ties of blood, would readily act together for common purposes. By-and-by they would establish some form of central govern- ment to facilitate such action. Then they would have become a nations. Donald McLennan, The Patriarchal Theory (Macmillan and Co., London, 1885), p. 2. 80 In short, the composition of the traditional family usually includes two or more of the following fourteen types of conjugal families or households. 1. Husband and wife 2. Husband, wife and Children 3. Husband, wife and relatives 4. Husband, wife, children and relatives 5. Widower alone 6. Widower and Children 7. Widower and relatives 8. Widower, Children and relatives 9. Widow alone 10. Widow and children 11. Widow and relatives 12. Widow, children and relatives 13. Widower and unrelated persons such as slaves, house servants, boarders, etc.* 14. Widow and unrelated persons such as slaves, house servants, boarders, etc.* In Table III on the following page, the extended fam- ily with its blood relatives is described and one can fol- low the relationships step by step, by starting at step No. 9, Egp, The numbers are provided to convey relationships among the family members. For each family member a specific name and status are assigned. Table IV provides a nomen- clature in which the writer presents the complete terminol— ogy ranging from 1 to 81 in both Korean and in English. For the sake of clarification, in Table IV, an explanation col— umn is provided. The numbers are so arranged in Table III *Traditionally, unrelated persons are not included in the family. 81 Table III. A Chart of Extended Family and Blood Relatives6 6Positions of blood relative members are indicated in the following pages according to the number. This chart does not include maternal relatives. Remarks: = husband and wife; Ofemale; Amale. 82 and IV, that they will fit into either table without any conflict. Table IV Kinship Terminology of the Extended Family and Blood Relatives7 No. Chin.Char. Kinship Terms Explanation l. 3C Father or step father 2. '£} Mother or step mother 7Source: Chosen Sotokufu, Chusuin, Minji Kanshu Kaito Ishi [Collection of Customary Replies in Civil Litigation], in Japanese,(Keijo [present Seoul], Korea, 1933),Appendix Section, pp. 1-6. Intermarriage between these persons is, by law, strictly tabooed. The 81 kinship terminologies which are delineated in Table III may be classified into seven principal categories. These are (l) The difference between persons of the same and of separate generations, i.e., the distinctions between fath- er and grandfather, between uncle and cousin, between a per- son and his father, etc. (2) The difference between lineal and collateral relationship,i.e., distinction between the father and the father's borhter. (3)Difference of age within one generation,i.e., the older and the younger brother,etc. (4) The sex of the relative,i.e.,grandfather, grandmother, brother-in-law, sister-in-law, son,daughter,etc. (5)The sex of the speaker,i.e., the father, mother, brother, sister,etc. (6) The sex of the person through whom relationship exists, i.e., necessary to explain whether an uncle is a father's or mother's brother, whether a grandmother is paternal or maternal, etc. (7) The distinction of blood relatives from connection by marriage, i.e., the father-in—law, sister—in- law, etc. For further information on classification of the kinship terminology, see George P. Murdock, Social Structure, (The Macmillan Co., New YOrk, 1949), and Alfred L. Kroeber, "Classificatory Systems of Relationship," as appeared in Morton H. Fried, Readings in Anthrppolpgy, Vol. II, (Thomas Y. Crowell Co., New York, 1959), Chapter 16. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. mass \q}: .4 g: a fim pp pyjkm H&;mfi: REESE Na 2- )K ‘22} 4E 5; TE 43' 18 'F K ,3. if 3% 7’. an. 352‘ 2:2. 27:61 5?: 75b 5% >61 gm 88994818 s98: 43494 83 Grandfather Grandmother Great grandfather Great grandmother Great great grandfather Great great grandmother Husband Ego or I Wife Son or adopted son Daughter or adopted daughter Daughter-in-law Grandson Granddaughter Granddaughter-in-law Great grandson Great granddaughter Wife of lst great grandson Great great grandson Great great granddaughter lst great great grandson's wife Brothers Sisters Nephew Niece Nephew's wife Nephew's son Nephew's daughter Nephew's son's wife 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. Great grandson's cousin Great granddaughter's cousin Uncle Aunt Father's sister Male cousin Female cousin Male cousin's son Male cousin's daughter Male cousin's son's wife Male cousin's grandson Male cousin's grand- daughter Grandfather's brother Grandfather's brother's wife Grandfather's sister Grandfather's brother's son Grandson's nephew's wife Grandfather's brother's daughter Grandfather's brother's son's son Grandfather's brother's son's daughter Grandfather's nephew's son's son 84 25's grandson 25's grand- daughter l's brother 1's brother's wife 1's sister 33's son 33's daughter 33's grandson 33's grand- daughter 38's wife 33's great grandson 33's great granddaughter 43's wife 43's son 46's wife 46's son 46's daughter 49's son 85 52. j? 4$TKZCK' Grandfather's nephew's daughter 49's daughter ) \b ) 2- | 53. 4%; EIIEIJK Great grandfather s brother 5's brother 54. 2% E7 FIE—£8” Great grandfather's brother's wife 5's brother's wife 55. i? jK ’%5 Great grandfather's sister 5‘s sister 56. .fi- 13% iii Great grandfather's nephew 53's son 57. Jfi‘,£é jEEE' Great grandfather's nephew's wife 56's wife 58. \ 4% ~Xyfia Great grandfather's brother's daughter 53's daughter x )2 v 59. fiKkI’Efli Great grandfather's nephew's son 56's son ERIN—F ' 60. A& Great grandfather s nephew's sOn's wife 59's wife 61. /‘ {if 4’45 Great grandfather's nephew's daughter 56's daughter , 2 A” 62. a 4% 5147 Great grandfather's nephew's son's son 59's son 63. r. 43%: M Great grandfather's nephew's son's daughter 59's daughter ), 64. fl‘ jg 3K Mother's father 65. 5F' 2E1 “fl? Mother's mother 66. 9]- ‘fj‘ 51 Mother's brother 67. it fig. rEt Mother's brother's wife 68. ’§% '£} Mother's sister 69. 9']. 3? Mother's brother's son 4’} fifl. 70. zfigfiflfifi. Mother's brother's daughter 86 71. Mother's sister's son 8441? 72. «Q? éfiudfidd: Mother's sister's daughter i. 73. zflfi~ Son-in-law 74. {7]— «JK Daughter ' s son 75. 9) 4&5 '3? Daughter's daughter 76. 7’?)- 531 4% Daughter's son's wife 77. ‘fig <fi2_ Sister's son 78. :fifl '12. it‘ Sister's daughter 79. fig}; ’11 4% Sister's son's wife 80. .Wx {it 2,. £7 Father's sister ' 3 son 81. $1 f§p%fi%fik‘ Father's sister's daughter 2. Parental Authority and Socialization of the Young As has been observed, the traditional Korean family was governed by the system of chongbop--ancestor worship and patrilineal family system. Thus, some scholars prefer to call the Chongbop affreligiousfamily,"8 and others call it "father-controlled-family."9 In either family, 8Daniel H. Kulp II, Country Life in South China: The Sociology Familipp, Bureau of Publication (Columbia Uni- versity Press, New YOrk, 1925), p. 147. Agricultural com- munities in Japan had similar practices, and this informa- tion appears in Eitaro Suzuki, Nihon Noson Shakaigaku Genri [The Principle of Rural Sociology in Japan], in Japanese (Shichosha, Tokyo, Japan, 1943). 9 . . . . . . Morimitsu Shimizu, Shina Shakai no Kenkyu [A Study of Chinese Society], in Japanese (Iwanami Shoten, Tokyo, Japan, 1939), p. 324. 87 one of the principal elements that governed the traditional Korean family was that of parental authority over their children and family property under the name of ancestor worship and family continuity. Therefore, in this section, the term Chongbop has been used to designate parental authority. Under the Chongbop system, by law, the father has the right to assume the following responsibilities with regard to his children: 1. Education. 2. Protection, providing for food, clothing, shelter, medical care, supervision of behavior, etc. 3. Disciplinary action or punishment. 4. Determining place of residence prior to and after the marriage. 5. Occupation. 6. Management of finance. 7. Marriage and divorce.10 The mother may express her opinions only with regard to items 2, 3 and 7.11 When the son marries and establishes a separate household, with the consent of the father, neither the father nor the mother will assume items 5 and 6 as their responsibilities. 0 . . .. . Chosen Sotokufu, Chusuin, Minji Kanshu Kaito Ishu [Collection of Customary Replies in Civil Litigation], in Japanese (Keijo [present Seoul], Korea, 1933), pp. 38—9. 11 Ibid., p. 39. 88 If the father dies, all these responsibilities would be carried out by the mother, with the guidance of a paternal qule.‘ When both the father and mother die, all the matters would be transferred to the eldest son. At the time of the father's death, if the eldest son is too young to adminis- ter complex family affairs, the paternal uncle would assist him; the uncle's responsibilities are then the same as the father's. The father has the right to manage the family property and the son's income, administer the son's and daughter's marriage and divorce affairs, punish and reward the junior members for their behavior, and control all family affairs as specified in the Chongbop system. The father with the cooperation of his wife also cares for the offspring and always has in mind family prosperity and preservation of the family name. The responsibilities which are Cited before are by no means a simple matter to be administered. It requires time, effort, affection, and above all, wealth. While a Child is in infancy, both father and mother train the child. Later, Iaowever, the father assumes more responsibilities in training his son. When a new life is born, the parents 89 assume the responsibility to see that relatives and guests will be invited to the occasion of "naming the child," which usually occurs 100 days after the birth. While a child is in the infant stage, the mother usu- ally sits near the baby to sing softly until the infant falls asleep. There are a number of lullabies ranging from simple words, "sleep, sleep baby,‘ to complicated poetic songs, repeated over and over again, accompanied by a vari- ant rhythm.12 When a child is able to take its first step across the floor, "the rug was ready to ease its possible fall.”l3 At the age of one, the first birthday, a more elabor- ate party is given and the baby is clothed in a special 2For information on Korean poems and songs, see Homer B. Hulbert, The Passing of Korea (Doubleday, Page and Co., New YOrk, 1909), Chapter XXV, pp. 314—329. There are a num- ber of folk tales in Korea. All the stories are directed toward honesty, virtue and faithfulness. The folk tales are often told by the grandmother or grandfather to their grand- children. For Korean tales, see Tae Hung Ha, Folk Tales of Old Korea (Seoul, Korea: Korean Information Service, Korean Cultural Series, Vol. VI, 1958). Korean parents like to use proverbs frequently for promoting a child's reasoning power. See Korean proverbs, Chong Hyun Pang and Sa Hyup Kim, Soktam Sachun [Dictionary of Proverbs], in Korean, (Munsung-kak, Seoul, Korea, 1958). 13 William E. Griffis, Corea: The Hermit Nation (Charles Scribner's & Sons, New YOrk, 1897). P. 257. 190' costume. At this time he will be introduced formally to the relatives and invited guests. The function of the parties for the infant is to "rejoice in the continuation of the family."14 Wh9919P13_t° talk, a girl speaks submissively and low, a boy is taught to respond boldly but never to involve in physical fighting or verbal argument. On the occasion of the new year season, the father makes a kite for his son to join a contest. This is the occasion by which the child will learn to compete with others to promote a healthy cooperative spirit. The Rev. Gale, who was in Korea during the 1880's as an American Presbyterian Missionary, made the following remarks on the new year season: Each New Year season there are contests in kite flying, the object being to cut the enemy's string and let his kite go . . . These contests are quite as exciting as anything seen on an American baseball field . . . Little boys in red jackets and white pantaloons are everywhere on tiptoe of expectation for fallen string or stray kite. . . A little lad with radiant face and red coat caught the string and, in his haste, took a grip of it and ran toward home, forgetful of the glass filings and glue. Someone caught the other end and drew it through his hand. At once he dropped it and looked, and there a line oozed out of his chubby fingers and as red as his New Year's jacket. His features suddenly reversed, and in bitterness and 4 Cornelius Osgood, The Koreans and Their Culture (Charles E. Tuttle Co., Tokyo, Japan, 1954), p. 95. 91 woe he went home to tell his mother of the sorrows and defeats of New Year's day. But over in the other ward there was feasting and music, and the mothers there said there never had been such kite-flying since the founding of the Yi Dynasty.15 Although the father loves his son with utmost affec- tion, the father always keeps in mind the importance of the child's future function in the family, particularly that of the eldest son. "The behavior which is learned from his superiors at the age of three shall be remembered throughout the son's lifetime,"16 and the distinction between the fath— er's love and the son's duties toward his father should not be mixed. Though the father has affection for his son, at the same time, he is a disciplinarian. The father is some- times called "byorak," or lightening thunder. On the other hand, the mother is termed as "yang" or sheep, because she "yields to her boy's caprices and laughs at the child's faults and vices without rebuke."l7 With regard to the children's diet and health, parents during the Yi dynasty apparently learned and/or conformed to, 15Rev. James S. Gale, Korean Sketches (Fleming H. Rev- ell Co., New York, 1899), pp. 162-164. 6Korean Survey (The Washington Bureau, The Korean Press, December, 1954, Vol. 3, No. 10).p. ll. l7Griffis, op. cit., p. 257. r 92 certain teachings that appeared in various books. For ex- ample, a book entitled Chong-chang-kwan-chon-so ngE E i 4;), written by Dok Mu Yi, makes the following statement: A child is fond of running and likes to eat salty foods, which will cause his temperature to rise high, thus forcing him to drink much water. As a result, he will frequently become ill. Therefore, a Child can show obedience to his parents by resting when it is neces- sary and by being cautious about the food he eats. . . 18 It is the parents' responsibility to see that his son's and daughter's manners and behavior are properly learned. It is the prevailing unwritten social code during the Yi depastyfithat Tmale and female should not sit close after the age_pf_§¢V§Qgfi;9 The boy is taught by the father to respect elders as well as the parents.20 The woman is taught by the parents*"not to be jealous about things and not to be cruel."21 Whenever a son meets his father in the street, the son "must make a profound salute on his knees . . . When writing to his father, the son must make free use of the most honorific terms."22 18As quoted in Young Ha Choo, The Education in the Yi Dynasty (Soodo WOmen's Teachers College Publication, Seoul, Korea, 1961). The quotation is slightly modified. P. 120. 9 Korea: ILP&COAA, op. cit., p. 623. 20Gale, op. cit., p. 190 21Osgood, op. cit., p. 100. 22 Griffis, op. cit., p. 259. 1.-.»...— _ _.. ’ _ 1W 93 The son, especially the eldest one, is sent to the Con- fucian village school which is called the "sotang,"23 to learn how to read and write Chinese characters and above all, master proper manners and family rules. At home, the son learns the "ku-ku," [nine times nine] or multiplication tables and fractions from the father.2 The son, around the age of eight, is asked to observe how the elders perform ancestor worship and other connected rites. The son will learn filial piety: "You grew after some three years of feeding in your mother's arms. Even if you do the utmost in your mature life to please your parents, you cannot possibly repay more than a small fraction of what your parents have done for you."25 Therefore, after you are older, "one should not neglect to support one's parents."26 23YOung Ha Kim, Kuksa Ui Yonggu [Study of the Korean History], in Korean (2nd Series, Pakyoo-sa, Place publica— tion unlisted, Korea, 1959), p. 298. According to the writ— ten historical records, the "sotang" existed in various com- munities in Korea up to 1923 when the Japanese Educational Bureau of the Government—General formally abolished it. Gov- ernor-General of Chosen, Annual Report on Reforms and Prog- ress ;p_Chosen: 1921-1922 (Keijo [present Seoul], Korea, 1923), pp. 84-5. 24Griffis, op. Cit., p. 258. 5 . . . . . . 2 The quotation is slightly modified and is taken from fTui-Chen Wang Liu, The Traditional Chinese Clan Rules (J.J. Anagustin Inc., Publisher, Series No. VII, New York, 1959), 13- 50. 2 . . . . . 6Shimizu, Shina Shakai no Kenkyu, pp.cit., p. 346. 94 "Since your life is delivered from the principles of heaven and earth as embodied in your parents, you should be forever grateful to your parents for having brought you into life, as you should be grateful to heaven and earth.”27 Therefore, one must follow the Five Relations28 and master proper forms of behavior. All human beings alike have the seven feelings, namely, pleasure,anger, grief, fear, love, hate, and desire. Real happiness consists not in the possession of things or grati- fication of desires, which know no bound, but in the pacifi- cation of the mind. When the father finds his child com- plaining over a certain matter, he usually would say to his son: "If you compare yourself with those above [i.e., those who are more unfortunate], you may find that you have not enough; but if you compare yourself with those below [i.e., those who are less fortunate], you will find that you have more than sufficient."3 27Liu, op. cit., p. 50. 8See Chapter I, Section 2 of this thesis for informa- tion on Five Relations. 29Shimizu, op. cit., p. 409. 0 . . . . 3 Tien-HSi Cheng, China Moulded by ConfuCius (Stevens and Sons, Ltd., London, 1947), p. 26. 95 Girlp up to ten enjoy considerable freedom, and can play in the yard and see anyone that comes, ”but the time arrives when she must never be seen without 'changot' or sleeved apron, over her head held close about her face. From that time she remains mostly indoors, and is familiarly seen only by the members of the household and the immediate family."31 A son must not play nor smoke in his father's presence, nor assume a free or easy posture before him, and the chil- dren, "as soon as they get up in the morning, [must pay] respect to the 'superiors' with the morning bow. At the table the superiors have to pick up the spoon first before others can start eating."32 If the father is old and sick, "the son sleeps near him and does not leave his side day or night."33 When a son reaches about thirteen, it is the custom during the Yi dynasty for the father to allow his son to follow wherever the father visits, at which occasion the son 31 p. 127. Hulbert, op. cit., p. 351, see also Choo, o . cit., 32Korea: ILP&COAA, Op. Cit., p. 622. 33Griffis, op. cit., p. 259. 96 may be able to learn social manners and observe various fam- ilial ceremonies such as weddings, funeral rites and other customs. In the broader context of social manners, the father instructs his son: When you are in company with your teacher, do not go aside of the road to speak to others. When you meet your teacher on the road, run forward, and stand proper- ly to salute him by raising both hands grasped together. If the teacher speaks to you, answer him respectfully. If he does not speak, retire. When you are a guest, do not ask for things to which you may be accustomed [at home]. When you are about to enter the hall, you should make some noise [in order not to cause a sur- prise to the people inside] . . .When there are two pairs of shoes outside the door of a room,34 enter only when talking is heard. If no talking is heard, do not enter. The father always reminds his son of ”human immortal- ..36 ity. An instruction is given to the son that even if the father is "accused and condemned to exile, the son must at least accompany his father to the end of the journey, and if necessary, the son should share banishment with the father."37 As a rule, in the house, people sat on mats, and so they took off their shoes and left them at the doorway when they entered a room. 35Cheng, op. cit., pp. 31-2. 36Hulbert, op. cit., p. 134. 37Griffis, op. cit., p. 259. 97 The father instructs him that misbehavior on the part of the descendant generations may erase the long built "family name." When the son comes of age, the father arranges a mar- riage. When a son marries, he and his wife, without excep- tion, live in the same house with their parents or grand- parents. During the Yi dynasty, because people marry at a very young age,38 they are not capable of self—support. As a result, even after the son's marriage, parents assume the responsibility to support him, his wife and his children, if any. So long as the parents live, the son's entire earnings, including his wife's, if any, goes into the family budget. When the parents become older, the eldest son assumes more and more of his father's roles, and his wife takes over the mother-in-law's household affairs and thus, the family tradition is maintained. These responsibilities together with other related family problems such as succession of property and headship 8During the reign of King Saejong, the legal marriage age was set for the male at 16 and for the female at 14. The Saejong Factual Records, Vol. 88, March, 1440, p. 27. 98 of the family, all come under the Chongbop system. The re- sonsibilities carried on by family heads during the Yi dy- nasty were by no means a simple task, but rather, the par- ents of those days tried their utmost to train their chil- dren for the important functions and duties of manhood and womanhood. Family properties are for family consumption, and hence jointly owned. Every child, married or not, with the excep- tion of married and unmarried daughters, has a Claim, but the family property cannot be divided. All the properties, including the house, are transferred automatically to the eldest son. Under extenuating circumstances, however, the parents may appoint one of the younger sons to manage the affairs of the family property, and by law then, the ap- pointed member shall assume the responsibility.3 39Hidekichi Kondo, Shin Hogaku Zenshu, Sosokuho [Col- lection of the New Law: Law of Succession], Vol. 15, in Japanese (Nippon Hyoron-sha, Tokyo, Japan, 1941), pp. ll- 14. Under extenuating circumstances means, if the eldest son is (l) blind, (2) mental patient, (3) mute, and that 'the eldest son cannot assume his full responsibilities as the head of the family. Ibid., p. 288. For detailed in- formation, see Supreme Court decision, Taisho 7-3-15: Dminroku No. 25, p. 414. See also Minji Kanshu Kaito Ishu, op. cit., p. 170. 99 The major division and disposal of property is possible only under these two specific conditions: (1) When a married son is legally approved by the father and the clan council to separate from his father's house, and (2) When the entire family migrates from the original locality and properties are immovable. In either case, unanimous consent of the clan council is necessary. Under the Korean Chongbop system, clan rules together with social regulations vest power in the father to disci- pline, administer, and direct almost everything regarding family matters. Nevertheless, there are no records to sub- stantiate any committal of brutal acts against the children even though there is considerable evidence which indicates that criminal acts ranging from burglary to murder were ‘prevalent in the population.41 There is no indication of .parental infanticide in Korea, while there are many such practices in the Far East as well as many other parts of the world. 42 40 . . . Kim, Chosen Kajok Jaedo Yonggu, pp. c1t., Chapter IV. 41 Annual Report on Reforms and Progress in Chosen, op. cit., p. 216. 2For information on infanticide, see Edward westermarck, 13“; Future of Marriage in western Civilization (The Macmillan Cc“,, New YOrk, 1936), Olga Lang, Chinese Family and Society (Yale University Press, New Haven, 1946), pp. 46—7, and Rob- erfi: H. Lowie, Primitive Society (Harpers & Brothers, New York, 1961), pp. 46-48. 100 The father has extraordinary authority over his Chil— dren with regard to marriage. The father, with the coopera- tion of his wife, his relatives, and friends, eventually determines the child's marriage. However, the father al- ways has in mind family prosperity and family happiness. But the parents' authority over their Children would legal- ly terminate under the following conditions: (1) If the father is criminally convicted and is in prison; (2) If the father leaves home without giving any indication of his new location and has been completely absent from the home for over a half a year; (3) If the parents' authority has been suspended by the clan council because of a) Mental ill- ness, b) Insanity or c) Incapacitation of some kind; (4) In case the mother has been legally divorced and then remar- ried into another family; (5) After the daughter's marriage; (6) Death of the parents; (7) Death of the children.43 43The information is obtained from the following sources: Minji Kaito Ishu, op. cit., sec. on Shinken [par- ental authority], Atsushi Kurumada, "Chosen ni Okeru Ka- zoku Seido ni Kansuru Ichi ni no Kenkyu," [The Study of One or TWO Facts about the Korean Family System], Chosen, in Japanese, Series 268:56-78, 1937, Kiroshi YOmokata, “Chosen ni Okeru Daikazoku to Dozoku Buraku,"[The Greater Family and Clan Village of Korea], in Japanese, Chosen, Series 270:26-42, 1937. See also Chapter IV of this thesis for Inore information on "parental authority." 101 Thus far the writer has presented the parental responsi- bilities regarding the junior members of the family. It is, therefore, appropriate the examine the junior members' du- ties toward their parents. 3. Junior Members' Duties Toward Their Parents The junior members' duties toward their parents are variously described and differ somewhat, depending upon the clan rules and the family tradition. The junior member's obedience, respect, and devotion to his parents is termed "Hyo—sun," which means "filial piety." It is difficult to present a precise definition of the word "filial piety," or what makes a "dutiful person." Let us examine this from the Confucian tradition. It is said in a Confucian classic that: While a man's father is alive, look at the bent of his will; when his father is dead, look at his conduct. If for three years he does not alter from the way of his father, he may be called filial.44 4James Legge, trans., The Chinese Classics: Part I, Confucius, Part II, Mencius (Houghton, Mifflin and Co., Boston, 1882), p. 15. See also Rysaku Tsunoda and others, ed., Sources of Japanepprradition (Columbia University Press, New YOrk, 1959), p. 384, for Japanese version of "filial piety." 102 In serving his parents, a son may remonstrate with them, but gently; when he sees that they do not incline to follow his advice, he shows an increased degree of reverence, but does not abandon his purpose; and should they punish him, he does not allow himself to murmur. If the son for three years does not alter from the way of his father, he may be called filia1.45 If for the whole three years of mourning a son manages to carry on the household exactly as in his father's day, then he is a good son indeed. Filial sons nowa- days are people who see to it that their parents get enough to eat.46 Mencius, who had a profound knowledge of human nature, said: When a man is young, he turns his thoughts to his father and mother. When he begins to feel the attrac- tion of beauty, he turns his thoughts to the young and beautiful. When he is married and has children, he turns his thoughts to his wife and Children. A man of great filial piety turns his thoughts to his father and mother for life. In other words, a man would naturally Cleave to his wife, whereas the parents, as they advance in age and grad- ually in time become dependent, are in danger of being neg- lected, unless there are doctrines or customs to maintain a 45Legge, Ibid., p. 26. 4 6Arthur Waley, trans., The Analects of Confucius (Ran- dom House, New York, 1938), pp. 89 and 106. 4 7Mencius, Book V, Pt. I, Ch. 1, Sec. 5, as appeared in Cheng, op. cit., p. 183. 103 just balance, not to mention that the days with the wife are long, while those with the parents, from the day when one is married, may be short. A more specific definition of filial piety in medieval Chinese practice is given in the Familyglnstructions and New Family_Regulations which says: Filial piety consists of providing for and attending to the needs of parents every day. A son should obey their commands, relieve their anger, and remove their worries. When parents are in error, he should give them proper advice, but only with a pleasing countenance. When parents become ill, he should give utmost care and personal attention. A son who does not distinguish himself socially should work hard enough in farming so as to assure his parents of adequate livelihood. A son in an official career should earn a good reputation so as to bring his parents public glory. When his par- ents die, a son should not be miserly in arranging a proper funeral with good clothing and a coffin for burial. Burial should follow without undue delay at a well chosen site. He should visit the grave of his parents at regular intervals and remember them through memorial service.48 An examination of actual written records showed that the king annually rewarded those persons who performed dis- tinguished filial duties toward their parents. In the year 1431, King Saejong (1419-1450) ordered several of his schol— ars to record the most illustrious deeds, in picture form, 4 . . . . 8New Papily Regulations, p. 12, as quoted in Liu, pp. Cit. I Ppo 53-40 49See Appendix II of this thesis. 104 explained both in Korean and Chinese, so the populace would be able to read and follow. The compilation was initiated in 1431 and finally produced in two volumes three years later. According to the records, among others, the follow— ing cases were honored by the king: (1) Upon one occasion, a man was attacked and killed by a tiger. His 15-year old son, in order to avenge his father's death and get back the body, pursued and chopped the animal to death. The Father's remains were thus recovered and buried. The son's mettle and his sense of devotion were acknowledged by the king's presentation of a special piety award.50 (2) A filial piety award was also presented to an adoles- cent boy who chopped off sections of his buttocks, boiled them, and offered them for his ailing mother's consumption. She ate them and subsequently recovered.51 (3) A son dreamed that a monk advised him to cut off his fingers, grind the bone to a powder, and serve it to his 50 . . . Ja Hyon Ki, ed., Tongkuk Shinsok Samkwang HaengSil [Revised Edition: Illustrated Deeds of Three Constant Rela- tions], in Korean and Chinese, Vol. I (National Library of Korea, Seoul, Korea, 1960), Reproduced form, p. 2. See also Appendix II, cut 1. Sllbléx. p. 118. See Appendix II, cut 2. _' 105 convalescing father. He followed his dream's directive and his father recovered; the boy's attitude prompted the grant— ing of a similar award.52 (4) During the time that a boy was observing a three-year mourning period for his father's death, his home caught fire. He carried his mother to safety, but she nevertheless succumbed from injuries. Of course, the observation of an additional three years mourning for his mother's death brought the total continuous mourning period to six years. This diligent exhibition of filial piety was rewarded by the king's special award. An observation of the above statements reveals that filial piety requires junior members of the family to per- form three basic duties toward their superiors and parents. These are: First, while the parents are living, junior mem- bers should provide material goods, i.e., food, clothing, medical care in time of illness, and money for travel, etc. Second, provide parents psychological comfort, i.e., re- lieve anger, tensions, worries, etc., by showing respect szlbid,, p. 137. See Appendix II, cut 3° 5 . . 3Ibld., p. 396. See Appendix II, cut 4. 106 and obedience. Third, after the death of parents, junior members must continue to perform ancestor worship. If he fails to perform any of these duties, the son cannot be a filial person. Junior members must show respect to and treat the deceased parents just as if they were still living. If there are any unfinished tasks which his parents leave behind, it is the son's duty to accomplish them. Junior members of the family, especially the eldest son, must not, under any circumstances, ignore the duty of filial piety. The eldest son must, as long as the parents live, support them.54 The son and his wife perform services for the parents without showing signs that they are tired of doing so and junior members of the family should make their parents feel at ease by providing goods and psychological needs. During the Yi dynasty, kings decreed that a child should be reverent and obedient to his superiors.55 There were cases wherein a son was convicted as a criminal and 4 . . . 5 Kim, Chosun Kajok Jaedo Yonggu, op. c1t., p. 153. 55The Taejo Factual Records, Vol. 8, July, rage, p. l. 107 was freed from punishment by virtue of a "tuksa"56 so that he could continue to support his aged parents, who had no one else to support them.57 According to Dr. Kim, the unfilial is defined as (1) being disobedient to one's parents, (2) mistreatment of a wife, (3) unbrotherly conduct between brothers, (4) un- friendly conduct toward a neighboring villager or stranger, (5) false pretense in marriage issue or refusal to help a person in solving a marriage issue problem, (6) misbehavior during the funeral ceremony and ancestor-worship, and (7) obtaining a concubine from public entertainers. 56"Tuksa" means "Special amnesty." In Chinese it is written (R5 fig;) and pronounced as "Teh-she." Both Korea and Japan use the same Chinese character even to date. Chin Woo Yoo, ed., Kukyak Taejun Hwaetong [Translated Edition: Comprehensive Compilation of National Statutes], in Korean, (Koryo University Press, Seoul, Korea, 1960), p. 508. 57Kim, Chosun Kaiok Jaedo Yonggu, op. cit., p. 406. Fur- thermore, when the king found sons and daughters whose filial piety was well known to the community, he personally invited them to the palace and awards were given. Chosen Sotokufu, Chusuin, Richo Fuzoku Kankei Shiryo Saiyo [Yi dynasty's Cus- tom Collections], in Japanese (Keijo [present Seoul], Korea, 1939), p. 229. In passing, we should note here that even when court orders the execution of a convict on a given date, special consideration will be given if the situation demands. "The murderer was taken for trial . . . and faced his death sentence. . . . As he was engaged at the time in writing a poem, the authorities postponed his execution for ten days in order that he might have time to finish it." E.G. Kemp, "The Face of Korea," The Face of Manchuria, Korea, Russian Turkestan (Chatto & Windus, London, 1910), p. 106. 58 . . . Kim, Chosun Kajok Jaedo Yonggu, gp. c1t., p. 153. r~ 108 A violation of filial piety is considered as "violation against the moral code," and deserves punishment. As a rule, the punishment is performed by the parents, by the clan officials and/or by the government authorities. At the fam- ily level, when children violate the rules of filial piety as specified in the "Chokbo," such as misbehavior, lying to the parents, fighting with brothers, sisters and friends, etc., parental punishment will follow. The punishment is comprised of either bowing before the ancestral hall, kneeling down on the floor until he becomes aware of his misbehavior, spanking, confinement and withdrawal of meals, or in minor cases, verbal warning. Some behavior is considered to be not only a viola- tion of social norms but also a violation of filial piety. For example, if the acts of violation seem to attract, or call the neighbor's attention to the deed, such as taking someone's property without permission, selling properties without the parents' consent, etc., as a rule, the case will be handled by the clan officials comprised of elderly male persons. If an offender is single, the matter will be handled by the parents with the cooperation of the paternal uncle. The married son's punishment will be administered by the clan council. 109 If the offense is considered to be very severe, for example, rape, beating senior members or parents, forgery, murder, disrupting the peace of the village, etc., the matter will be reported to government authorities for punishment.59 Among others, during the Yi dynasty, when ”a child purposely avoid from mourning rites, after the death of the parents, he will be sentenced to one year imprison— ment,"60 and ”a child gets married while grandparents and/or parents are being confined in the prison, will be punished by 100 blows."61 59The types of punishment varies. At the home and clan level, with exception of an unmarried man, physical punish- ment, i.e., spanking or hard labor, will be given. Accord- ing to the existing literature regarding Yi dynasty's gov— ernment actions, the following methods are taken: (1) Physi— cal punishment, i.e., confinement and hard labor, exile to an island and flogging. (2) Material punishment, i.e., fines by money or by goods, confiscation of house, land and proper- ties, etc. Annual Report on Reforms and Progress in Chosen, lop. cit., Sec. 69, Korea, ILP & COAA, op. cit., pp. 140-2; .Angus Hamilton, Korea (Scribner's Sons, New YOrk, 1904), p. 112. In addition to above, an information regarding the Yi «dynasty's criminal interrogation methods, see Richo Gohya- lcunen Shi, op. cit., pp. 30 and 109, and Yoo, Kukyak Taejun Iflvaetong, op. cit., pp. 548 and 600-601. 0 . . . 6 Kim, Chosun Kajok Jaedo Yonggu, 9p. c1t., p. 403. 6 lIbid., pp. 403-4. 110 Once a person is punished by the government, as a re- sult of concerted action of the council members, the viola- tor's name will be erased from the Chokbo and he will ulti- mately be expelled from the clan village, thus becoming a "chunin," the lowest social class in Korea. The expelled member finds it difficult to integrate into society or into any groups. He is forced into the chunin class and dis- criminated against by the people in regard to marriage, place of residence and occupation.6 As we have seen, filial piety is regarded as one of the most important instruments by which the family members are controlled. In fact, filial piety and its rules are aimed at binding all the members of a family, clan and soci- ety by means of legal and social forces. The children are required to devote their entire energy and attention to please and support parents. There are, in fact, numerous cases where the children sacrifice their entire lives to support parents: some males even sell themselves as slaves and females as prostitutes. While a son serves in a govern— lnent post, he will be excused from the official duties, by 2 . . . . For information on class systems during the Yi Dy- nasty, see Chapter I, sec. 5 of this thesis. lll law, to observe funeral and mourning rites for three years. In some instances,when a king learned the parents had an only son, the king personally ordered the son not to join the military service but to remain with the parents and support them until they die.63 As long as the individual follows the rules of filial piety and remains in proper relation with his parents, rela- tives and his friends, he is regarded as a man of virtue and therefore, a filial and successful man. Sons must sup- port their parents until their parents' death; married children cannot establish a separate household without per- mission of their father; neither son nor daughter can con- tract or dissolve a marriage without the permission of par- ents; and sons are not allowed to leave without the consent of their father. These rules are all specified in the clan rule, chokbo, under the chongbop system in Korea. The parental authority over their children and the demand for the children to be obedient toward their parents are understandable when we observe the following facts. When 63 . . . Kim, Chosun Kajok Jaedo YOnggu, op. c1t., p. 406, Richo Gohyakunen Shi, op. cit., p. 29, and Yoo, Kukyak Taejun HWaetong, op. cit., p. 508. (I) 112 a son, married or unmarried, commits a crime and the govern- ment cannot locate him, the government would force the fath- er to arrest him. Even after the government's arrest, when the government convicts him for the violation of the law, the father would also be held responsible for a child's criminal behavior and punished. When a son's offense is a severe one, the King's court may have all the members of the family punished: sometimes all the members of the family would become public slaves, and sometimes all the family properties would be confiscated by the government.64 This being the case, the father, in order to preserve the family unity and to avoid the family catastrophe, demands that his children In: obedient to the parents, to respect govern- ment authority, to be cordial to the brothers and sisters, and to be friendly to other people. 4. Relationships Among,the Junior Memberg- of the Family wa let us turn to the relationships among the junior members of the family, brothers and sisters. All the family 64For detailed information on laws, see: The Taejong Factual Records, Vol. 22, NOvember, 1412, p. 39. 113 members, as a rule, recognize that the daughters will-sooner or later marry into another family; thus the main stress is placed upon the relationships of the brothers. There are few provisions which specify what should be the sisters' relationships with the brothers. To a large extent, little or no formal education (so- tang) is possible for the daughters under the chongbop sys— tem. Daughters are, however, able to learn from their mothers such things as housekeeping, floral arts, some music, methods of child-rearing, sewing, cooking and other duties pertaining to the female in general. Along with the .4" I’- daughter's mental and physical growth, the mother's instruc- tions are mainly concentrated on the subject of the women's duties toward her future husband and his family.65 Sisters are subject to segregation from male affairs and severe se- clusion prevails during the Yi dynasty. Under the chongbop system, in fact, a daughter has no status whatsoever within the family circle. However, after the daughter's marriage, status will be granted her by the 65 . . . . For further information on female life in Korea, see Korea: ILP & COAA, op. cit., Chapter XXII, Kyung Cho Chung, Korea Tomorrow: Land of the Morning Calm (The Macmillan and Co., New YOrk, 1956), pp. 35—8, and Choo, op. cit., p. 127. husband's family-—as a wife, as a daughter—in-law, as a mother and as grandmother. An unmarried daughter is, ac— cording to an unwritten social-ethical code required to be submissive to her parents and elder brothers, and kind to her younger brothers and sisters. Even after the marriage, and throughout her married life, she will be subordinate to the men and her superiors--husband, father and mother-in-law and other elder members of her husband's family. It is different with the brothers. Under the chongbop system, the law provides that all the brothers are on an equal level except in family succession--the family headship or kajang, the right to a place in the ancestral hall, and property succession.66 In spite of the fact that the law provides that all the brothers are to be treated on an equal basis, customs demand that the younger brothers should render reverence, respect, and obedience to their elder brothers. Inasmuch as the eldest brother is the direct propagator of his father's line, the eldest son has the right to advise and command the younger brothers regarding family matters including family property. 66Kim, Chosun Kajok Jaedo Yonggu, op. cit., pp. 268- 271. Kondo, Law of Succession, 9p. cit., p. 27. See also ‘Y00 and Ko, op. cit., p. 576. 115 Younger brothers are not, under any circumstances, al- lowed to contract matters with other individuals and fam- ilies regarding business negotiations and marriage without the permission first from his parents, if living, or elder brother. Under no condition, unless an extraordinary situ- ation develOps within the family, may younger brothers marry until all senior brothers marry first. If for some reason the elder brother's marriage is delayed, younger sisters may get married before the elder brother's mar— riage,67 but only after the permission of the father, the elder brother and the clan council is secured. The author- ities and responsibilities of the wives of brothers living in the same house are, in many respects, the same as that of their husbands. However, in the event of the death of their mother-in-law, her place in the household will be taken by the eldest son's wife. Punishment for unbrotherly conduct generally follows the same pattern as that for filial impiety. According to 7According to the court records, King Younsankun (1470-1494), ordered appropriation of government funds to support older females who cannot get married because of lack of money. Richo Fuzoku Kankei Shiryo Satsuyo, pp, .ggg., p. 420. 116 Liu's investigation of some 97 clan rules, the following 68 items are considered causes of unbrotherly conduct. No. of clans Craving for family property or inheritance . . . 56 Influence of a selfish wife . . . . . . . . . . 56 Friction between the brothers' wives . . . . . . 19 Jealously caused by a brother's obtaining wealth from sources outside the family . . . . 9 Favoritism of parents in not treating sons equally, especially between sons of a wife and sons of a concubine . . . . . . . . . . . Gossip of domestic servants . . . . . . . . . . Difference in temperament of brothers . . . . . Refusal to let a son be the heir of a brother. . l—‘Nw-fi As we have observed, the chongbop system vests author- ity in the parents and especially in the father for the management of family affairs. At the same time, since the chongbop recognizes only the patrilineal family organiza- tion as the basis to perpetuate the family, the status of the mother and other females is quite low. Elder brothers are considered superior to those younger, because the elder son will assume his father's role and maintain family affairs. 6BIn addition to "causes of unbrotherly conduct," the following items are considered brotherly love: (1) Affec- tion from the elder brother and respect from the younger brother. (2) Sharing property in common with one's brother. (3) Taking care of the widow and orphans of one's deceased brother. (4) Harboring no grievances and resentment against one's borhter. For further information on the relationship between brothers, see Liu, op. cit., pp. 60-70. 117 The conduct of the individuals is checked and balanced according to the sex, order of generation or birth, and age. The family members are further controlled by family cus- toms, clan rules, and social regulations which are based on Confucian philosophies and ethics. By far the most impor- tant element which molds and restricts the behavior of individuals is that of "filial piety" specified in the chokbo. The filial person, man or woman, is regarded as a person of virtue, and the king often decreed a memorial gateway, column, or temple for him.69 5. Family Registry or Chokbo Closely allied with the chongbop system is the family registry, chokbo. In order to distinguish and regulate the members of a large family or clan, each clan group preserves family records or a registry which is called a "chokbo" in Korea.70 The family registry or chokbo is similar to the 69Richo Fuzoku Kankei Shiryo Satsuyo, op. cit., p.229. See also Chosen Sotokufu, Chusuin, Korei Izen no Fuzoku Kankei Shiryo Satsuyo [Custom Collections Prior to Koryo Dynasty], in Japanese (Keijo [present Seoul], Korea,l94l), pp. 299 and 418. 70The laws provide that the chokbo, as well as graveyards and things pertaining to it, should not be confiscated by any authority under any circumstances because "it is the family property," and does not belong to an individual. Civil law, 897: Civil Suit, Case No. 570 I, xi of Republic of Korea, Yoo and Ko, op. cit., p. 626. 118 records of a modern city or county office. The only dif— ference would be that, in Korea the scale is smaller be— cause of the size of villages. In addition, the modern city or county office is more specialized in terms of (l) Issuing birth and death certificates, (2) Issuing marriage licenses, (3) Maintaining court records on divorce, punishment, etc., (4) Property registration and records on transactions,etc. The modern city or county office is dealing largely with a heterogeneous population, while in Korea, the record system is based on a homogeneous population. The maintenance of a chokbo is quite important through— out the Yi dynasty and the chokbo is still considered as a family treasure. According to one authority on China, the chokbo "did not come into wide use in China until the Chou period (1122-256 B.C.)." 71 An authority on the Korean fam- ily states that the chokbo system was introduced from China but when it reached the Korean peninsula is uncertain. Among others, one of the most significant purposes of hav- ing such a chokbo is, unlike modern registration, devoted l Shimizu, op. cit., p. 215. 72 . . . Kim, Chosun Kajok Jaedo Yonggu, op. c1t., p. 75. 119 "explicitly to social control and guidance of the members in their attitudes and behavior."73 Professor Kim remarks that the chokbo was intended to unite family members, regardless of how remote the connections were among them, as long as these members bore the same surname. Thus they were con- sidered as members of a big-family for survival purposes. The chokbo is primarily designed to achieve the follow- ing objectives: (1) Regulation of marriage, --persons whose names appear in the chokbo should not intermarry. (2) Identification of the individual's position within the family so as to regulate (A) Property succession,76 (B) Marriage order, (C) Family status and (D) Duties and respon- sibilities,77 (3) Ancestral-worship--identification of an- cestors and location of graveyards so that rigid ceremonies may be carried out by specified persons.78 (4) Identification 73Liu, op. cit., p. 9. 4 . . . 7 Kim, Chosun Kajok Jaedo Yonggu, op. Cit., p. 71. 75See Chapter III of this thesis. 76;p;g,, pp. 268-9. Kondo, op. cit., Sec. 3. 77Yoo and Ko, op. cit., p. 719. See also Eisuke Zen- sho, Chosen no Zuraku [Korean Village], in Japanese (Chosen Sotokufu Investigation Material Series,38-29:4l, 1933-1935). 7 . . . 8Kim, Chosun Kajok Jaedo Yonggu, o . c1t., p. 71. Hozumi, op. cit., pp. 104-8. (x 120 of adopted children and illegitimate children so as to facilitate the above items (1), (2), and (3) in their be- half. (5) Identification of offshoot clan members--those who are separated from what family and where and how they became established clan village. (6) Identification of criminals--any person who is convicted by the clan council or by the government is subject to supervision at all times by clan council members so as to prevent further criminal acts. There are largely two different types of family regis— try. The one is the chokbo itself and the other is termed the kachop (1&RX) of family note, which is on a smaller scale and secondary to the chokbo.79 To be more specific, the chokbo is required to specify all the clan members' personal history such as generation or birth order, sex, birth hour, date and year, original name and nickname, if any, and later to gradually add or modify items as personal status changes. The specifications should include three major lines, (1) Paternal relatives, (2) Maternal relatives, 7gln addition to chokbo and kachop, there are numbers of names given to signify different types of records, i.e., geneology records, house records, name records, etc. For more information, see Kim, Chosun Kajok Jaedo Yonggu, pp, cit., p. 72. 121 and (3) The relatives of the wife, so as to be able to dis- tinguish and trace who became married to what family or clan, their family status, how many children are born, medi— cal history or serious disease--especially leprosy-—punish— ment, awards presented by the king and honorable positions secured in government through national examinations, and all other related matters of the members of the clan. When a person dies, the registry must specify hour, date, and year of the death and location of the grave.80 Such infor- mation is very important because it is related to ancestor worship. On the other hand, the "kachop" simply specifies the history of the nuclear family, its connection with other nuclear families within the clan group, and records on marriage relations with other clan members and other rela- tionships in general. It is, therefore, a unilateral fam- ily record and is limited in scope. For both the chokbo and kachop, a complete nomen- clature is gradually created for the complicated, yet well- defined family relationships which we have observed in the 80Ibid., p. 76. 122 previous section. In the chokbo, the terms are used to identify each member according to the age, sex and genera- tion order. Senior members are distinguished from junior members, elder uncles from those younger than the father of the given nephew, direct female ancestors from male, and junior sisters from senior sisters. These distinctions are extended to the most detailed of family relations; from great-great-grandparents to their sixth generation des- cendants, including all collaterals. Each chokbo, as a rule, specifies clan-rules and elab- orate philosophies as well as practical aspects of duties and responsibilities of clan members. To illustrate the objectives and characteristics of clan rules, the follow- ing remarks may be made.81 The clan rules in whatever form share many, if not all, of the following characteristics. First, these clan rules represent Confucianism in application. They up- hold the moral concepts and principles and often seek to translate them into conduct befitting concrete social situations. They furnish the formalized details of status-ethics and ritual-ethics and define what the proper social relations should be between individuals under given circumstances . . . Second, these clan rules fulfill an important functional necessity in closely knit group life. The third characteristic of the clan rules is their intended flexibility rather than rigid application. Their stipulations on punish- ment are intended more often for preventive warnings 8114.111, 020 Cit. I pp. 21-5. 123 than for actual enforcement, unless the latter becomes necessary. . . In sum, the clan rules combine moral teachings with human understanding and integrate social ethics with religious belief. The clan council is responsible for seeing to it that members, events, and clan history are precisely recorded and filed. The overall revision of the chokbo does not oc- cur annually; ordinarily a revision is made every 15-30 years, depending upon the size of the clan membership and the location of their subclan villages and wealth of the clan.82 6. The Greater Family and Clan Village The word "family" is sometimes interpreted as "kajok" (& R) in Korea. In the strict sense, it has two distinct meanings. "Ka" means family itself, and "jok" signifies the "clan." Unquestionably, the family is the basic institution within which individual members have contacts each day and 82 In order to revise the chokbo, the clan council made an announcement each year through various media, asking each family head to attend the meeting. Since the Korean war, many families have left their original clan village, thus mobilization of the family heads is not an easy task. Despite such difficulties, each day the newspapers carry a number of advertisements devoted to the chokbo. For example, see Seou178himnun [The Seoul Daily News], in Korean, Dec- ember 5, 1956, p. 1. 124 it is therefore a compact primary group. The greater-family, or the clan group is, without exception, composed of the numerous families occupying a whole or part of a village, and is therefore a somewhat loose body. Since the clan is known as "the consolidating group organized by numerous component families which traced their patrilineal descent from a common ancestor,"83 and "extends to the as yet unborn generations and to the long-deceased ones,"84 the structures and the functions of the greater- family are indeed complicated. Within the greater-family or clan group it is rather difficult to maintain personal intimacy because of its size of membership. If we are to regard a society or a nation as the "great-great-family," the body itself is still more loose than such institutions as nuclear, extended and greater-family groups. Nevertheless, the clan council often provides the intimate relationships among the clan members by offering various activities such as joint ancestor wor- ship, festivals, marriage and funeral ceremonies. 83Liu, op. cit., p. l. 4 . . . . Martin C. Yang, Chinese Villave: Taitou, Shantung Province (Columbia University Press, New York, 1945), p. 45. 125 Like the extended family, the greater-family too owns and operates properties--mostly land--for the purpose of village defense, education, care for the aged, upkeep of the ancestral halls, repair of ancestral graveyards, and other matters pertaining to the clan welfare. Before we examine the functions and other related areas of the clan villages, let us say a few words on the develop- ment of the clan villages in Korea. In Korea, agriculture has been the main productive means of livelihood since the foundation of Korea, which dates back almost 2,000 years.85 The clan group occupies the total or part of the villages throughout the nation with the exception of the city. The agricultural communities or clan villages are called "burak" (gpfigl) in Korean86 since the early part of the Three—Kingdoms Period around the first century A.D.87and can be roughly divided into two distinctive groups: clan group and mixed-clan group. 85Korea:fi;LP & COAA, op. cit., p. 111, Kim, Chosun Kajok Jaedo Yonggu, op. cit., p. 22, Griffis, op. cit., p. 21 and Osgood, op. cit., p. 229. 8 . . 6Burak is equivalent to the Japanese "buraku" and is known in the west as either "burak" or village community. 7Eisuke Zensho, Chosen No Seishi to Dozoku Buraku [Koreans' Surnames and Clan Village], in Japanese (Kamie Shoin, Tokyo, Japan, 1952). 126 The former is almost exclusively dependent upon agri- culture as a main source for survival, comprising the blood relatives and their sub-families' relatives. The latter is a mixed-clan group consisting of communities whose basis of livelihood is agriculture as well as trading, comprising two or more family groups carrying different surnames. In addition the mixed-clan group includes fishing communities as well. The basic reason for the multiplication of the burak is the rapid increase of population itself. However, the development of burak communities is further quickened by the following reasons during the Yi dynasty. l. Influential Government officials established the "additional liveable place" and in the meantime, their families or relatives occupied free lands and gradually formed a burak. 2. Government officials who received lands as re— tirement gifts from the government established buraks with their families and relatives. 3. Because of high population density in the southern part of Korea, some of the families were forced to find suitable places where establishment of a burak was possible (immigration of tribes). 88Summarized from Kim, Chpgun Kajok Jaedo Yonggu, op. cit., pp. 136-137. 127 4. Political defection or exile of those who escaped orlfide in the mountains and later settled down in a certain locality. 5. Those who escaped from their own village to avoid: (A) military service, (B) punishment, (C) govern- ment interference, etc., and later established a burak. 6. In order to protect the graveyards of the ancestor, some families moved nearby as a guard and later they gradually developed a burak. In 1933, when the Japanese government (Government- General of Korea) undertook a nation-wide survey in north and south Korea, it was reported that there was a total of 14,622 clan villages. The breakdown of clan villages by number of families is seen on the following page.89 Such clan villages are generally assumed to have existed long before the Yi dynasty. However, on the basis of the government's survey reports conducted in 1933 throughout both north and south Korea, it is revealed that with the ex- ception of 458 clan villages which were listed as unknown, 9Originally reported in the Japanese publication en- titled Chggen Sotokufu-hen, Chosa Shiryo No. 41, Seikatsu Jotai Chosa No. 8, 1933 [A Study of the Korean Livelihood Compiled by the Japanese Government, Government-General of Korea, Series 41, Investigation No. 8], in Japanese, was quoted in Kim, Chppun Kajok Jaedo Yonggp, 9p. cit., pp. 126- 127. The percentages were added by the writer. It was learned in China that 40 to 70 families usually occupy an entire village. Lang, op. cit., p. 174. 128 Clan village occupied by the families between Number of villages Percent Less than 30 6,803 46.40 30 - 50 4,936 33.67 50 - 70 1,705 11.63 70 - 100 820 5.59 100 - 150 283 1.93 150 - 200 79 0.54 Over 200 36 0.24 Total 14,662 100.00 there were 207 clan villages which were over 500 years old; 646 villages 300-500 years old; 351 less than 300 but over 100 years old; and only 23 villages which were reported being less than 100 years old. Viewed from the above data, it can be assumed that such clan villages might have been developed gradually from the 1400's and the peak years may be considered to be the mid- dle period of the Yi dynasty, or about 1700. Of 665 clan villages which were listed either as unknown or over 500 years old, and which comprise approximately 39 percent of the total clan villages in Korea, we should assume that a good part of them have existed long before the 1400's. Under normal conditions, the clan group is self- sufficient in terms of food supplies. The size of its population is large enough to achieve economic sufficiency 129 by virtue of mutual cooperation and division of labor among its members. The clan group often occupies the best lands. For the mixed-clan groups, which suffered from insufficient production and lack of labor force to make it self- sufficient, trading is required as the primary means of survival. During the Yi dynasty, there are largely two types of trading: public and private trading. The former is ex- clusively performed by the government, in the form of trib— ute to foreign countries," and the latter is "exchange of goods between private members of different communities." In either case, the clan group or the mixed-clan group has an administrative council of its own, called "chin-jok- hwae" (éfi,fiié?). The council is represented by the heads of the families and the oldest members of the clan.91 The clan council normally excludes all the females and unmarried males. The council head is, as a rule, elected from the paternal oldest member, yet capability and leadership are required. Within the clan council a judicial section is estab- lished. The judicial officers can recommend to the clan g 0 9 Lee, op. cit., p. 108. 91Yoo and Ko, op. cit., p. 719. w..-— f 130 council amendment of the clan rules and propose new rules. Whenever a controversial issue arises, the judicial offi— cers will study the matter and recommend to the clan council the appropriate decision. Another section is the so-called administrative section within the clan council. Since the clan village owns and operates rice land and wooded land in addition to various properties such as shrines, guest halls, etc., the adminis- trative section has the responsibility to keep all the records pertaining to the properties and their transactions. Of course, the "chokbo" is to be kept up to date. At the same time, since the clan village owns an ancestral shrine, a Confucian village school, and an entertainment hall for the guests, the administrative officers are responsible for the upkeep of these places. Village defense, arbitration of controversial issues between neighboring clan villages, entertainment of the village visitors, clan children's education and other mat- ters all cost money. There are largely two main sources of income. The one is the interest from loaning village funds, 1? 1 1%“ @3231 51954} 391314114 121331371ij [zlfii./?A$fllo "33% The Chinese version of above concept is excerpt from the a Chi (fig 33) or The Book of Rituals, as quoted in Baron 139 then, was regarded chiefly as an agency through which to perpetuate the family tree and to render a service in the institution of ancestor worship. Therefore, marriage was, it would appear, a means to an end, and that end was the continuity of the family and its tradition.2 The word "affectionate" represents the marriage it- self and is a prerequisite for obtaining the newer genera- tion. Ancestor worship is also included within the mean- ing of "affectionate." Like the ancients of most other races, Koreans are imbued with the idea that the departed spirits of human beings never cease to exist, and that departed ancestors are to be treated as living beings. Nbbushige Hozumi, Ancestor—worship and Japanese Law (6th ed., The HOkuseido Press, Tokyo, Japan, 1940), p. 124. 2The review of the literatures indicates that the concept of the Korean marriage system is largely derived from China. For the sake of comparison, see Chin Tae Son, Chogpn.Minjok Mgnhwa Ui Yonggu [Study of the Korean Cul- ture], in Korean (Ulyoo Munhwa-sa, Seoul, Korea, 1948), Young Ha Kim, Kuksa Ui Yonggu [Study of the Kbrean His- tory], in Korean (Pakyoo-sa, 2nd ed., no place of publi- cation is listed, Korea, 1959), Olga Lang, Chine§e Family and Society (Yale University Press, New Haven, 1946) and Chosen Sotokufu, Chggen no Zuraku, Zenpen, Chosa Shiryo Dai 38 Hen [The Korean Village, Vol. I, Source Material for Investigation No. 38], in Japanese (Keijo [present Seoul], Korea, 1933). 3: 3A Chinese philosopher, Chu-hsi (4i;§3) made clear the origin of ancestor worship when he says in his Book of House Ceremoniep (@fi) that "the object of worship 140 It was considered the duty of the living to maintain com- munication with the spirits through prayer. Thus they conceived the lineage of the family link may be continuous everlastingly.4 At the time of Yi dynasty, the people were taught v/' particularly that family continuity was the basic objec— tive of marriage. ”By the united action of heaven and earth all things originate; the ceremony of marriage is the beginning of a line that shall last for a myriad of ages."5 The family continuity for "myriads of ages," is only possible through marriage and then the securing of a successor o is nothing else than performing all that is dictated by a feeling of true love and respect." Confucius is repre- sented by his disciples as having made offering to the soul of his ancestors just as if they were living. "It is the highest filial piety for offspring to serve the dead as they would serve the living, and to serve the departed as they would serve the present? (8’)?‘) Egg. Doct3r_:i_.ne o: the Mean. 2¥»§&w%izam%23~£z Em. 4Morimitsu Simizu, Shina Shakai no Kenkyu [A Study of Chinese Society], in Japanese (Iwanami Shoten, Tokyo, Japan, 1939), pp. 330-331. 5Sing Ging Su, The Chinese Family System (Inter- national Press, New YOrk, 1922), p. 56. 141 Failing to produce offspring means not only the end of the family line but also of the ancestors. "There are three things which are unfilial, and to have no posterity is the greatest of them."6 Therefore, under the tradi- tional family system, if a man died without leaving a son to perpetuate the generations, it was considered the greatest misfortune that one could have on earth. "There are three thousand acts punished by the Five Punishments, but no crime is greater than filial impiety.”7 If we consider that impiety is the greatest crime, then there can be no greater crime than to remain single. The word "successor" refers to the male line only. In order to perpetuate the family line, each family was responsible for producing at least one boy. When it was physically impossible to obtain a male descendant, the , m2 >2; z 6Hozumi, op. cit., p. 125. figfisfi¢&mfiomg 7Ibid., p. 126.fiflb§éx’hfi§im}fifi. 3331 8Y'utang Lin, The Imppptance of Living (The John Day and Co., New YOrk, 1940), p. 168. See also Daniel H. Kulp II, Country Life in South China: The Sociology Fam- ilism (Bureau of Publication, Columbia University Press, New York, 1925). P. 180. 142 intense desire for a male offspring to continue the family line and to perform the necessary rites for the ancestors might also be fulfilled by adoption, as prescribed in the laws.9 Traditionally, however, adoption was not favored, but under the circumstances, closest relatives were under the moral obligation to provide a child. Anticipating the importance of children, it was a common practice to get married at a young age so that the "successor" may be safely obtained. As we shall see from the laws regarding Yi dynasty's marriage age, it was nec- essary for the parents to arrange their children's mar- riage because the marrying persons were not mature enough to arrange marriage effectively themselves. Consequently, marriage was considered the affair c”? the whole family or clan and the individual's opinion was largely ignored. Traditionally, the marriage was not designed to a- chieve or attain husband and wife's happiness (affection) alone but with family interests in View. Thus, the 9Chosen Sotokufu, Chusuin, Minji Kanshu Kaito Ishu [Collection of Customary Replies in Civil Litigation], in Japanese (Keijo [present Seoul], Korea, 1933), Appendix, Sec. 1, p. 3. See also Chosen Sotokufu, Chusuin, Richo no Zaisan Sozoku Ho [The Yi Dynasty's Property Succes- sion Law], in Japanese (Keijo [present Seoul], Korea, 1936). 143 traditional Korean marriage was "basically an affair be- tween the heads of the two families concerned, who ar- ranged the matrimony. Romantic love between the man and woman never entered into the parents' consideration. The man and the woman were not allowed any candid exhibition of affection for each other, nor was such a thing possi- ble in most cases because of the system of early mar- riage which used to prevail."10 Even in recent years, as an American anthropologist observed of the situation in Korea, "the parents of a son or of a daughter may ini- tiate an engagement, but the most essential case is that of a father arranging for the marriage of his eldest son."11 Another concept of marriage which affected the Ko- reans should be mentioned. Unlike modern times, the traditional Korean social status was largely based on 0 1 Korea: Its Land, People and Culture of All Ages (Compiled by College Professors, Hakwon Sa Ltd., Seoul, Korea, 1960), p. 617. Hereafter, the publication is re— ferred to only as Korea: ILP&COAA. lCornelius Osgood, The Koreans and Their Culture (Charles E. Tuttle Co., Tokyo, Japan, 1954), p. 104. Chinese version of parental authority with regard to son's and daughter's marriage issue, see Francis L. K. Hsu, Unde; the Ancestors' Shadow (Columbia University Press, New YOrk, 1948), p. 265, and Kulp II, op. cit., p. 171. 144 marital status regardless of age. The demarcation line between the boy and the adult was determined by the mari- tal status. An unmarried man of thirty was treated as a boy socially and a married man of sixteen was regarded as an adult, and status and responsibility were granted accordingly. This is true to a lesser extent even today in the remote village communities. Marital status represented a very important func- tion within the family and society during the Yi dynasty. An unmarried man was not permitted to represent the fam- ily in any social matters, he had no right to own and operate farms of his own, he was unqualified to partici- pate in the family, clan or village council meeting, and he was expected to obey and receive all instructions from his parents.12 On the other hand, the status of a married man was totally different from that of a single man, i.e., his "child—name" was no longer used. He was called brother, uncle and house—master according to the relationship of the person addressing him. Parents asked him to _._ 12 . .. . . . Manl Kaito Ishu, op. c1t., Section on Parental Authority. 145 represent the family and assume certain responsibilities at family and public affairs. He was now allowed to own land, establish his own business, dispose of property and he was free to make decisions within his domain.13 Thus, a successful life career was indeed dependent upon mari- tal status. When a single man died, he was buried without any ceremony. The reason behind this custom was that the un- married man always remained as a child. Hence he was not admitted to the ancestoral hall because there was no des- cendant who performed ancestral worship and he was a child and thus he had no spirit to enter the ancestral hall and Heaven. Socially, an unmarried aged person was discriminated against in many respects. Even after his death, he was often called "Mongdal kushin."14 13Y00 and Ko, op. cit., p. 719. See also section 2, Chapter II of this thesis. 4"Mongdal kushin" is an abusive term which connotes "man disqualified to be an adult," or egg demon who does not possess a mate. It has been stressed among Koreans that if a man dies without a successor, or without mar- riage, he has no place "in that world, Heaven." There is no record to show how and when such a word originated. Chong Hyun Pang and Sha Hyup Kim, Soktam Sachun [The Dictionary of Proverbs], in Korean (Munsung-kak, Seoul, 1958) . 146 Conversely, when a married man died, the family per- formed an elaborate ceremony. An announcement was deliv- ered to relatives near and far for prayers; his name was inscribed on a grave tablet and on the ancestral hall. Before death, a married man was able to adopt a son from his closest relative if he had no son of his own. In short, the whole concept of marriage was cen- tered around family continuity and ancestral worship. The Koreans regarded the marriage as the "highest virtue" and the beginning of true "harmony." The highest virtue and harmony were attainable only when whole families cooperated toward such a goal. Because of the importance and solemnity of mar- riage, there were stiff marriage regulations estab- lished by the consecutive kings during the Yi dynasty. An examination of the Yi dynasty's marriage rules is our main concern in this chapter. 1. Marriage Procedure There were a number of rules specified for legal marriage and the establishing of households during the Yi dynasty. In most instances, the consent of parents 147 . . 15 . was required for every marriage. According to the modern Republic of Korea's Civil Codes, the require- ri) . . . l6 ment for the parent's consent is still in effect. ' Although the laws specified that both the son's or daughter's consent were necessary for the marriage,17 it was the customary procedure that consent was ignored and marriage was arranged by the parents from the ini- tial stage through the engagement, wedding ceremony, and married life.18 In case the father had died, the head of the clan or the closest paternal relative as— sumed the responsibility of the marriage of the son or 5Minji Kanshu Kaito Ishu, op. cit., Section on Parental Authority. 16 . . . .. CiVil Law, Article 750. However, 'if man has completed his thirtieth year or woman her twenty-fifth year, no parental consent to marriage may be necessary." Civil Law, Article 772. See also Yoo and Ko, op. cit., p. 805. 17The Saejong Factual Records, Vol. 68, April, 1435, p. 4. 18 . . Yozo watanabe, Hoshakaigaku to Hokaishakugaku [The Sociology Laws and the Interpretation of the Laws], in Japanese [Iwanami Shoten, Tokyo, Japan), pp. 399— 400. 148 daughter. Within the family, after the father's death, the eldest brother, if married, arranged the marriage, with the consultation of the clan head, for his younger brothers and sisters.19 Since Korean society placed a great deal of value on the continuity of the family and family interests, rather than the individual's will, taste and desire, the development of parental arrangements of marriage of the junior members of the family was perhaps inevitable. Moreover, a great deal of authority wasplaced in the hands of the father and senior members_of the family. Also, the-practice of early marriage which prevailed necessitated the arranged marriage. There was one exception to parental consent.20 If a son or daughter was under the general supervision of step-parents, he or she could marry without the step- parent's consent, or if the clan council approved it, 19 I O 0 I 3 O Mlnll Kanshu Kaito Ishu, op. c1t., Appendix sec., p. 18. 20Yoo and Ko, op. cit., pp. 54 and 718. 149 or if the step-parents were proven to be willfully refus- ing to grant their consent to a legal marriage contract.21 The reasons for the requirement of parental consent are that "marriage is one of the most important matters in one's life,' and that "it must be considered with great care before the contract of marriage is entered into. YOung people, owing to their lack of experience and their consequent incapability of appreciating and weighing the importance of their own actions, cannot be trusted to make reasonable or desirable choices. Therefore, the consent of parents based upon experience and love, is necessary."22 The parental consent was customarily accompanied by the duty of selecting either the son's or daughter's mate. The selection of a mate and the marriage proposal could come to the parents' attention from almost any direction; their friends, close or distant relatives, and the so- called go-between or "Chungmae in," ($%a§;X\ ). Since 21 . . . Article regarding step-mother's mistreatment of a child, see Byung Hak Chang, "Lihon kwa Kaemo Ui Ryulli," [The Ethics of Divorce and Step Mother], Sasang Kae (Sasan Kae-5a, Seoul, Korea, April, 1956), pp. 37-47. 22Su, op. cit., p. 56. 150 marriage rules specified that no one was permitted to mar— ry cme who carries the same surnames,23 mates could not be selected from within the clan group. _9ne of the most popular forms of arranged marriage was that the go-betweenprovided the necessary informa- tion pertaining to the parties involved. When both par- ties find the go-between's recommendation and informa- tion satisfactory, each side tries to learn more about the prospect concerned -- his or her personality or ability, the history of his or her family, etc.24 When the parents found a potential bride for their son, the custom was that the mother discussed the follow- ing things with her son alone; the identity of the prospect, 23The Taejong FactualpRecords, Vol. 36, Nbvember, 1418, p. 28. See also Osgood, op. cit., p. 105. 4Unmarried girls never appeared in public, nor walked on the street where strangers gathered. It was, therefore, extremely difficult to find out about a fe— male candidate's personality. Often the boy's family, even in recent years, under the guise of selling needles, thread, bride's face powder, or such things, would take the opportunity to learn what they could. Even nuns liked to put their hand in when the opportunity sug- gested itself. For information concerning the detection methods of marriage candidates, see Osgood, op. cit., p. 106. See also William E. Griffis, Corea: The Hermit Nation (Charles Scribner's Son, New YOrk, 1897), Chapter XXVII, and Office of Public Information, Korean Lore (Seoul, Korea, 1953), p. 49. 1551 her health condition, her appearance, her behavior, her temperament, her level of education, her family status, her reputation, where she lived, etc. In other words, \v the mother, or the married elder sister, if any, served as intermediary between the father and son. If a son refused to consider marriage to the woman in question for personal reasons, this news was'trans- mitted to the father, and the go-between,25 if there was one. If these reasons were found to be justifiable, some consideration was given to him. However, since ‘thg son had_never even met the woman, it was unlikely that there could be any really sound justifications as to why he chose to refuse the offer.26 It should be noted, however, that during the reign of King Taejong (1401-1418) the individual's consent was 5According to Dr. Su, in his thesis, it was repor- ted that in China, by law, go-betweens(if a man, he was called mei-jen; if a woman, pei-p'o)were required for legal marriage proposals. ” . Su, op. cit., p. 58. How- ever, there is no evidence nor record to support this rule in Korea. 6During the Yi dynasty, however, pre-marital ac- quaintance prior to engagement or marriage is strictly prohibited. As has been stated in ChapterII, when the boy and the girl reach their seventh years, parents did not even allow them to sit in the same room. For more information on Korean social life and custom, see Kyung 152 necessary before the parents could make the decision for their son to marry into another family, especially in the case of remarriage.27 When parents of two parties, or a go-between, found families who agreed in a preliminary way to test out a betrothal, there was an exchange between the two fam- ilies of the red card on which was inscribed the horo- scopic data and the names of the children involved. The horoscopic data was necessary for the determination of the compatibility of the boy and girl in marital union. The card was taken by either the father of the boy or the go-between to a fortune-teller to study or examine the horoscopes of the two parties. When the father found both childrens' horoscopic data to be harmonious, the first step toward marriage was completed. When both parties found horoscopic data suitable for the marital union, generally the bride—to-be's family _,_ ._...._.._.._.._._4 Cho Chung, Korea Tomorrow: Land of the Morning Calm (The Macmillan Co., New YOrk, 1956), pp. 36-7. 27The Taejong Factual Records, Vol. 22, December, 1411, p. 50, The Taejong Factual Recordgj Vol. 29, Jan- uary, 1418, p. 4, and The Saejong Factual Records, Vol. 17, April, 1422, p. 5. 153 selegtedflthe_good day for the wedding ceremony. However, in cases "when a common date is not found after pro- tracted effort, the boy's father may be expected to have the predominant role in the final decision."2 On the day before the wedding, the bridegroom's family sent a special messenger to the family of the bride with a black lacquered gift box wrapped in red cloth. Inside the box were three things; a blue silken skirt bound with a red ribbon, a red skirt tied in blue, [and the marriage contract tied in a long envelope. Some- times gold or silver rings with pins were added.29 When such a procedure was followed, the woman could not be classified as a concubine, even though the man had already been married.30 Duiingmthe_Yi dynasty, the engagement itself was equivalent to the marriage. _ Therefore, if the engaged man suddenly died, the bride— to-be was not allowed to marry into another family but 28Osgood, op. cit., p. 106. 29 Korean Lore, op. cit., p. 50. 30 The Saejong Factual Records, Vol. 39, January, 1428, p. 10. 31 . The Saejong Factual Recordg, Vol. 3, February, 1419, p. 15. 154 lived with her parents-in-law.32 In other words, when the gift, including the card was properly exchanged, the woman was classified as a legal wife and was entitled to secure her appropriate position within the new family, the family property,33 and other privileges pertaining to her. The next procedure, during the Yi dynasty, Esquired witnesses to certify that the marriage had been com- pleted. In other words, the wedding ceremony had to be performed before the witnesses: otherwise, "the married woman, regardless of reasons, could not be classified as a legal wife."34 The law also specified that the witnesses could not be members of either of the families involved but must be from outside the family. Failing ‘to obserye such a rule, a female would be classified as concubine. xx..- h— 32 . The Chunqjong Factual Recordg, Vol. 1, January, 1399, p. 3. 3Hidekichi Kondo, Shin Hogaku Zenphu, Sopokuho [Collections of the New Laws: Law of Succession], in Japanese (Vol. 15, Nippon Hyoronsha, Tokyo, Japan, 1941), p. 118. 34 . The Sagjong Factual Recordp, Vol. 39, January, 1428, p. 10, and The Saejong Factual Recordg, Vol. 95, February, 1432, p. 25. 155 During the Yi dynasty, "wedding presents" or the "bride price" were required. The rules specified that the wedding should be accompanied by the giving of wed- ding presents, which were called "Nap chae." (§§L§{)35 It was a custom that either goods or money should be delivered from the groom's family to the bride's. To be more specific, "wedding presents should be sent from the groom's side to the bride's side so that marriage could be completed.”36 wedding presents, or the bride-price, varied ac- cording to the localities; however, they usually were given to the bride, the bride's parents, the head of the clan, and ”important relatives,' and were composed of cloth, cakes, wedding ring, face powder and other daily necessities. If the groom was wealthy, money was often given in addition to goods to the bride's family. Heavy emphasis was placed on parents and the bride. The presents to other people were secondary in nature. In 35The Munjong Factual Records, Vol. 1, March, 1451, p. 22, and Nung Ha Lee, Chosun YOsokko [Study of the Wbmen's Custom], in Korean (Tongyang Sowon, Seoul, Korea, 1927),pp. 53-54. 36 The Saeigng Factual Recordg, Vol. 110, October, 1445, p. 2. See also Son, op. cit., p. 88. 156 either case, the amount and kind of goods delivered and the amount of money sent to the bride's family were the primary criteria by which to evaluate the worth of the groom's family.37 This does not mean the bride's side did not pro- vide anything. They, too, tried their utmost to please the groom and his family so that the daughter would be well treated. If the son's or daughter's marriage was the first one, for the sake of future successes for their second or third son's or daughter's marriage, the parents often gave a great amount of goods or expen- sive presents and sent whatever amount of money they could afford.38 37The striking similarities between China and Korea, see Kulp II, op. cit., p. 169. 38Once the engagement was effected with acceptance of the gifts, on the part of the prospective bride, it was considered also binding. For Korean marriage cere- mony and general customs, see Korea Lore, op. cit., pp. 48-55, Son, op. cit., pp. 88-93, Osgood, op. cit., pp. 103-112, Chinese aspects, see Y. K. Leong and L. K. Tao, Village and Town Life in China (George Allen and Unwin Ltd., London, 1932), and Martin C. Yang, A Chine§e Vil— lage: Taitou, Shantung Province (Columbia University Press, New York, 1945), Chapter 9. Lang reported that The New Higtory of the T'ang Dynasty, frankly uses the expression Mai Hun, "Marriage by Purchase." Lang, pp. pip,, p. 37. For further information on wedding pres- ents, see S. Wells Williams, The Middle Kingdom: A Sur- yeyvgf the Georgraphy, Government, LiteratureL7Social LifeI Arts, and Hiptory of the Chinese Empire and Its Inhabitants (Vol. I, Charles Scribner's Sons, New York, l904),p. 786. . , ,. , ./ \c In summary, there were altogether five steps to be carefully followed in order to legalize the marriage. These were: ,x7‘ (1) The parents or a go-between selected prospect and inquired concerning the girl prospect's name and date of birth. (2) These horoscopic data of the two were examined by a fortune-teller, or a diviner, in order to ascertain whether the proposed alliance would be a happy one. (3) The groom-to-be's family sent the girl's par- ents the wedding presents of various kinds, including the bride's wedding dress. (4) The parents or go-between requested the bride- to—be's family to select a lucky day for the wedding.39 (5) The wedding ceremony took place mostly at the bride's house,40 in the presence of a witness, or witnesses. The witness must be outside of the involved families. 39Lee, osun Yesokko, op. cit., p. 38. 40 Professor Son reports that performance of the wedding ceremony which took place in Korea was contrary 158 2. Legal Age for Marriage A review of the records of the Yi dynasty, particu- larly of the earlier period, indicates that age limita- tions were set by the King's court. During the reign of King Saejong (1419-1450), the age limit was set for women to marry between the age of 14 and 20.41 Effective since 1440, "men over 16 years of age shall be considered as having attained the legal age for marriage."42 Hewever, "within the family of the King, the man, or prince shall marry at the age of 15."43 Thus, legal marriage age was over 16 for the male and over 14 for the female. There was, however, an exception to the above rule. "When the parents become more than 50 years of age, the to the Chinese practice and he states that "it is the unique development of the Korean custom." Son, op. cit., p. 89. 412h§ Saejong Factual Recordp, Vol. 32, April, 1426, p. 3. 42 The Saeiong Factual Recordg, Vol. 88, March, 1440, p. 28. 43 . . Thep§aejong,Factual Records, Vol. 32, April, 1426, p. 29. It was reported that the King Kojong mar- ried at the age of 15 to the Princess Min. Angus Hamil- ton, Korea (Charles Scribner's Sons, New Ybrk, 1904), p. 62. 159 son, with the approval of the proper authority, may be permitted to get married at the age of 12."44 Other records indicate that "engagement" was legal- ly recognized as a part of the marriage procedure and therefore widely prevailed. According to court prece- dents, it was shown that at the age of 15 one became engaged and then waited until the age of 16 when the marriage ceremony took place. 3. Limitation for Marriage The laws provided that "during the three years fol- lowing the death of a parent, no person shall be 44The Saejong Factual Records, Vol. 88, March, 1440, p. 28, and The Munjong Factual Records, Vol. 13, April, 1452, p. 19. 45The Saejopg FactualgRecords, Vol. 108, December, 1447, p. 12. It should be pointed out here that prior to the Yi dynasty, and to some extent during the Yi dy- nasty, 10 years of age was considered as the normal age for the marriage and this was customarily practiced. For further information, see Minji Kanshu Kaito Ishu, op. cit., Appendix sec., p. 12. See also, Munjong Fac- tual Records, Vol. 4, November, 1451, p. 53. Moreover, in Korea as well as in China, the betrothal of unborn children has prevailed. Thus, "the practice of betroth— ing unborn children, which is done by cutting off and exchanging a piece of the garment, is declared illegal." Dr. Su quoted from Chinese Civil Provisional Code, Article 1332. Su, op. cit., p. 60. 160 permitted to marry."46 When violators of this provision were arrested by the authorities, the marriage was dis- solved and both parties punished. A great deal of empha- sis was placed upon ancestor worship and the son was re- quired to observe an ethical rule of filial piety during the life of his parents and the three year mourning period after the death of his parents.47 Moreover, since the King was regarded as the father of the "nation-family," when a king's parents died, all subjects were ”not allowed to marry, sing or slaughter animals for 10 days in the capital city and 5 days out- side the capital city."48 Despite the order and strict enforcement, there were violators; and when they were caught, they would be given a sentence of 100 blows and 4 6The Chunjonq Factual Records, Vol. 1, January, 1399, p. 3. 47 - - The three-year mourning not only applies to the common people alone. According to the records, King Sungjong himself observed the three-year mourning obli- gation. Tsunataro Aoyagi, Richo Gohyakunen Shi [The Five Hundred Years of Yi Dynasty], in Japanese (Chosen Kenkyu Kai, Keijo [present Seoul], Korea, 1912), p. 87. 48The Saejong Factual Records, Vol. 17, April, 1422, p. 29. 161 their house and wives would be confiscated by the author- ities. Imperial funeral rites were considered to be im- portant national events, and in most cases heavy penal- ties were imposed upon violators. Another regulation of marriage was that "no person shall marry within three years of his wife's death. However, in case parents asked their son to marry, or when a person at the age of 40 still had no sons, one was authorized to marry one year after the date of his wife's death."49 A similar provision indicated that "during the three years from the date of the parents' death, no one could divorce."5 These provisions meant that during the period of three years51 from the date of the parents' death, nei— ther marriage, nor remarriage, nor divorce was possible with a few exceptions which have been cited above. 49 The Saejong Factual Records, Vol. 88, January, 1440, p. 3. 50 . . The Saejo Factual Records, Vol. 13, April, 1459, p. 31. 51The customs of a long mourning period dated back to the Three Kingdoms period (57-1397), but the time had to be shortened to one hundred days during the Koryo period. The Yi dynasty, however, revived the ancient system of staying in mourning for three years. Reason for such change is unknown. See detail information on mourning, Korea: £LP&COAA, op. cit., p. 620. 162 The following quotation may serve to illustrate the importance of Korean funeral and mourning requirements: The most important custom next to the wedding is that of the funeral, for the ancient Korean philosophy hinges on the success in marriage by the number of sons, and the upholding of the family tradition by ancestor worship. . . .The length of the mourning period is usually three full years for each parent. However, if the mother dies before the father, she is honored with only one year of mourning. During these years, eleven of the immediate family of the deceased are required to wear the traditional white mourning dress. . . .A great deal of emphasis is placed upon the deeds of one's ancestors, and each person must strive to uphold the honored position of the family.52 52Korean Lore, op. cit., pp. 56-61. The practices of ancestor worship and rigid mourning rites have the "integrating function." People of all classes, includ- ing the royal family, made offers to their ancestors. In each year two elaborate festivals -- on the New Year eve and September, the Thanksgiving day -- were performed throughout the country. Upon the occasion, all the des- cendants of a common ancestor gathered together before the ancestral temple, or shrine. Like the Christmas season for the westerner, Korean ancestral festivals were considered as "big-family-reunions" at which the living met, ate and drank together in the presence of the spirits of the dead and appreciated their ancestors. Therefore, ancestor worship and their effect upon mar— riage, family solidarity and social stability should not be overlooked. For information on functional explanation of religion, see William A. Lessa and Evon Z. Vogt, Reader in Comparative Religion: An Anthropologicgl Approach (Row, Peterson and Co., Evanston, Ill., 1958), pp. 1-11. See also Shimizu, op. cit., p. 322. 163 The precedents set by the King's court pertaining to the limitations of marriage show that "no chunin class should marry into the commoner class."53 During the reign of King Taejong (1401-1418) special provisions were promulgated to regulate intermarriage between the different classes. When violators were arrested, they were subject to the imposition of heavy punishment, and "forced to separate or dissolve their marriage."54 An examination of the records indicates that many married outside of their classes, despite the King's court order. Actual cases showed that among the com- moners, the violators were arrested and "sentenced to three years of imprisonment," and the court stipula— ted specifically that "when such a child is born, it will be an illegitimate child and that one shall not become a commoner but be reduced to chunin class."55 53 . The Taejong Factual Records, Vol. 2, July, 1401, p. 6. The class system during the Yi dynasty is to be found in Chapter I, Section 5 of this thesis. 4 . . . 5 Ibid. See also, Kim, Chosun Kajok Jaedo Yonggu, op. cit., p. 417. 55EhpSaeiongFactual Records, Vol. 17, April, 1422, p. 21. 164 During the Saejong era (1419-1450) a citizen of Korea requested government authority for permission to . . 56 marry an Okinawan and permiSSion was granted. However, another record showed that "no Koreans are permitted to . . . n57 marry Manchurian and Yain or barbarian. Prohibition of interclass marriage included in the provisions that "no cabinet members are permitted to - . - w 58 marry discharged court—ladies. (Exit ) The court- ladies were provided by the two classes; commoner and chunin classes, and the qualifications for the court- lady were that she "should be single, neat, clean and O O 59 . Virgin." When a new ruler was sworn in, the old 56The Saejong Factual Records, Vol. 61, August, 1433, p. 42. During the reign of King Myungjong (1546- 1567), Korean fishermen drifted to the island of Ryuku, or Okinawa; upon their return, King Myungjong personally in- vited these men and inquired about the customs and livelihood of the inhabitants. Richo Fuzoku Kankei Shiryo Satspyo [Yi Dynasty's Custom Collections], in Japanese (Chosen Insatsu Kabushikigaisha, 1939, Keijo [present Seoul], Korea), p. 500, and Richo Gohyakunen Shi, pp. cit., p.10. 57The Saejong Fagtpal Records, Vol. 28, July, 1438, p. 2. 58 . The Taejong Factual Records, Vol. 30, December, 1415, p. 43. 59 . . . . . Hamilton, op. Cit., p. 53, and Griffis, op. Cit., Chapters, XXIV and XXVII. 165 court-ladies were discharged. The number of court—ladies was varied, dependent upon the desires of the King. Dur- ing the period of King Kojong, the court-ladies were limited to a total of 280.60 While court-ladies were retained in the palace they were protected and guarded by the "whangkwan," (EEG; ) or eunuchs.61 The court-ladies were not only trained and educated to be artists, dancers and talented women, but also they were clean and virgin. The reasons for the prohibition of marriage between discharged court- ladies and cabinet members are believed to have been: (1) cabinet members, first of all, belonged to the nobility while court-ladies did not, and (2) if allowed to marry, such persons might have revealed the govern- ment's secrets outside the palace to the public. 60Richo FuzokpiShiryo Satsuyo, op. cit., p. 841. King Youngsankun (1495-1505) mobilized 300 court-ladies. ,Ripho Gohyakunen Shi, op. cit., p. 97. 61A word "eunuch" as called "whangkwan" in Korean, is said to have originated from the Greek word "eunouchos," its meaning being "a castrated male of the human species." Since eunuchs did not have reproductive power, it was safe to employ them in palaces as guards and domestic servants. The definition, see Franklin J. Meine, Con- solidated-Webstep;Encyclopedic Dictionary (Consolida- ted Book Publishers, Div., of Book Production Indus- tries, Inc., Chicago, 1958), p. 260. 166 In addition to prohibition of marriage between the cabinet members and discharged court-ladies, the law further provided that "the court-ladies shall not be- come one's concubine."62 Marriage limitations were not only imposed on those discharged court—ladies and government officials alone. Anti-government elements or those persons who attempted to overthrow the govern- ment, were not allowed to permit their daughters to marry commoners. It is stated that, upon arrests, "heavy penalties would be imposed."63 During the King Saejong era, the law prohibited the monks -- Buddhist monks that is -- from marrying. If arrested for marriage, the monk became a chunin and all the privileges pertaining to him were totally denied.64 62 . The Taejong Factual Records, Vol. 23, June, 1412, p. 38, The Taejong Factual Records, Vol. 25, June, 1413, p. 25. 63 . The Taejong Factual Records, Vol. 30, December, 1415, p. 43. The Taejong Factual Records, Vol. 31, January, 1416, p. 6. The Taejong Factual Records, Vol. 32, December, 1416, p. 32. 64 . The Saejong Factual Records, Vol. 36, June, 1427, p. 22. The Saejong Factual Records, Vol. 43, February, 1429, p. 17, The Saejong Factual Records, Vol. 47, July, 1429, p. l, and The Saejong Factual Records, Vol. 49, August, 1430, p. 28. 167 4. Lpgality and Ejfectiveness of Marriage Illegal marriage, according to court decisions, con- sists of violation of marriage age, lack of consent by either one or both parties to the marriage, the groom and bride living together without having a wedding cere- mony or witness, court employees or public servants taking advantage of official power to marry, remar- riage taking place within the three years from the date on which either parent or one's spouse died, fraudulent documents, and above all, marriage into different classes other than those specified by law as suitable. If the marriage took place between either chunin or yain classes, the married couple were forced to sep- arate and their marriage was recognized as not legal. Violators were usually sentenced to 80 to 100 blows, and fined by 200 pil65 of cotton cloth, in addition to separation. The government often rewarded informers who reported such violators.6 5 One pil is equivalent to 40 yards. 66 The Saejong Factgpl Records, Vol. 21, September, 1423, p. 18. The Taejong Factual Records, Vol. 2, July, 1401, p. 6. The Taejong Factual Records, Vol. 10, September, 1405, p. 17. 168 Speaking of "effectiveness of marriage,” the follow- ing case study may be made. There is the case wherein a husband left home for the capital city. He did not re- turn home for sometime and did not send any word of his whereabouts. The first, or legal husband returned home from his long journey and found his wife was remarried. He appealed and the King punished the man who had in- fluenced a married woman to marry without the benefit of legal procedures.67 It was the interpretation of the court that "judge- ment or interpretation of condition" without any ac- ceptable evidence was illegal, and therefore the mar- riage was null and void. Also it meant that the effec- tiveness of the original marriage should continue un— less the marriage was dissolved by legal court process. The records also showed that married couples were subject to certain duties that affected the relation- ship between husband and wife. For example, some legal- ly married men lived with concubines and neglected their legal wives. The court ordered that, when 67The Taejong7Factual Records, Vol. 7, April, 1404, p. 13. 169 apprehended, such violators be punished on the ground that doing so was unjust.68 In other words, the court's decision was primarily based on morality and the mutual . . . 69 obligation of Wives and husbands. In addition, it was reported that married men who regularly spent the night with public entertainers were punished upon arrest.70 The common penalties for such violations were 100 blows or sometimes life imprison- ment. 68Thp Saejong Factua; Records, Vol. 27, May, 1414, p. 16, and The Saejong Factual Record§,Vol. 28, April, l425,’p. 7. See also Republic of Korea's Civil'Law, Articles 788,'789 and 790. 9Minji Kanshu Kaitosthu, op. cit., Appendix sec., pp. 18-9. There is, in fact, considerable information regarding the Korean practices of polygamy. Although the King punished husbands on the ground that doing so was unjust, polygamy prevailed in the wealthy families. For further information on Korean polygamy, see Tomoe Imamura, "Chosen ni Okeru Ichifu Tasai no Zonsaiki ni Tsuite,"[The Existence of the Korean Polygamy], in Man Sen Shiron Gyo [Manchurian and Korean Historical Theories], in Japanese (the publication dedicated to late Dr. Inaba, Keijodo Kinenkan, Korea, 1938). See also Byung Do Lee, Kuksa Taikwan [The Korean History], in Korean (Chinmun Kwan, Seoul, Korea, 1955), p. 45. 70The Sppjpnq Factual Records, Vol. 33, August, 1426, p. 9. 71Thp_Tpejonq Factual Recoréé, Vol. 36, Nevember, 1418, p. 28. 170 In addition to the above provisions, the following lists of illegal marriages may be noted: (1) Marriage between persons who carry the same sur- names, descended from common ancestors, i.e., those persons who worshipped the same ancestor, no matter how remote. To be more specific, no one shall be permitted to intermarry within the same clan; nor if both parties are from differ— ent clans but are related by blood or through marriage alliances and adoption."72 Thus, the Korean marriage system may be classified as II II 73 exogamy. 72Tpp TapjonggFactual Recordp, Vol. 36, N0vember, 1418, p. 28. 73 . The term exogamy refers to a rule of marriage which forbids an individual to take a spouse from within the local kin, or status group to which he himself be- longs. The complementary term "endogamy" refers to a rule which requires him to marry within his own group. Endogamy has been strictly tabooed in Korea, and ”en- dogamy has been looked upon with so much distaste that marriage between persons with the same surnames came to be forbidden during the Yi dynasty." Korea:ILP&COAA, op. cit., p. 617. See also Son, op. cit., pp. 117-8. There was, however, interclan marriage (or endogamy) which existed during the Yi dynasty in one locality. The information is to be found in Section 6 of this chapter. 171 (2) A marriage must be registered properly at the local magistrate office, otherwise the marriage is not legal.74 It is called "honin shingo," (fi/flfl %’%) and the document must include both parties -- husband, wife, husband's father's and wife's father's -- seals, if not, thumb prints. (3) Rules of marriage extended to apply to di- vorced women and their families. In other words, the law specified that "one shall not marry or remarry with widowed sister-in-law, nor take her as a wife or concubine."75 In other words, no one was allowed to marry his brother's wife even after the death of the brother. (4) Any marriage contracted by fraudulent, e.g., misinformation or misrepresentation on per- sonal status, physical condition, family 74Minji Kan§hu Kaito Tshp, op. cit., Appendix section and Korean Civil Law, Article 11, II, (Chosun Minsa Ryung). 75The Taejong Factual Recogdp, Vol. 29, March, 1415, p. 11 and The Saejong Factual Records, Vol. 85, May, 1439, p. 31. 172 wealth, etc., is illegal. In addition, any person, husband or wife, who commits adultery is forbidden to remarry even after a legal . 76 divorce. 5. Dissolution of Marriage When a marriage is contracted under the legal proce- dure recognized by society, there is also the legal recognition of divorce, or the dissolution of a mar— riage. Hence, divorce is defined as a legal action terminating the marriage. The marriage duration has varied considerably from one society to another -- in some cases marital unions do not endure long enough to deserve to be called mar- riage, still there are other marriages which are dis- solved only by death. In some societies the dissolu- tion of marriage is easily attainable; on the other hand, in other societies it is exceedingly difficult. A review of the available official records reveals that Korean divorces occurred rarely, although the Korean 76Chosun Minsa Ryung, Articles 902 and 909. For more information, see Yoo and Ko, op. cit., pp. 804-5. The Taejong Factual Records, Vol. 34, Nbvember, 1417, p. 28. 173 philosophers and law makers of Yi dynasty did not hold that marriage was indissoluable. As a Chinese philoso- pher described: "If husband and wife live according to righteousness, they remain together; if righteousness is no more, they should separate,‘ says Ssu Ma—Kuang, a noted philosopher and historian of the Sung dynasty.7 The records showed that the reasons for divorce varied. In some cases, when the parents disliked their son's wife, although they arranged the marriage, they had the power to bring about a legal separation or a divorce between their son and his wife.78 In some in- stances, a wife's disobedience toward her husband, her husband's parents, or members of his family such as her brother-in-law or sister-in-law, or even mistreat- ment of relatives were sufficient grounds for the dis- solution of the marriage. On the other hand, there are no records which indi- cate that the wife was allowed to initiate the divorce 77Lang, op. cit., p. 40 and Chang, op. cit., pp. 37-470 78 The Saejong Factual Records, Vol. 30, April, 1464, p. 22. 174 or separation.79 It would appear that the marriage dissolution was initiated by either the husband or the husband's parents.80 However, before the divorce, either the husband or his parents had to submit to the wife "a written letter of notification," called "Kobyul-mun." (4%3&l§;)81 Verbal statements were not sufficient to initiate a legal divorce, but rather the divorce had to be accompanied by the written docu- ment. Among others, the common reason for divorce was that of adultery,82 on the ground that "the apprehended dan- ger of the confusion of blood, whereby a person not in 9Not only during the Yi dynasty alone; it was re- ported by Chung that even today, "a wife seldom divorces her husband, for any reason." Chung, op. cit., p. 37. See also Lang, op. cit., p. 40. 80The Saeio Factupl Rpcordp, Vol. 30, April, 1464, p. 24. 81The Saejo Factual Records, Vol. 30, April, 1464, p. 24. 2 The Tapjong Factual Records, Vol. 34, Nevember, 1417, p. 28. 175 reality related to the ancestor might succeed to the worship,"83 as interpreted by the Japanese philosopher. Next to adultery were communicable and incurable diseases, and mental illness was also sufficient ground for divorce.84 When we observe the Korean family sys- Item, these reasons are understandable since the im— portance of childbearing was stressed. Without doubt, communicable and incurable diseases are basic causes preventing the man or woman from having healthy children.85 A failure of the wife to support the family was _ ._.-1—_ _ -~. _.___ another ground for divorce. This was particularly the case if the father-in-law died and the son's wife could not or failed to furnish a sufficient amount of money to provide the necessary things for the funeral cere- mony. Under these circumstances, the mother-in-law ex- ercised her power to dissolve the marriage.86 83 . . Hozumi, op. c1t., p. 139. 84The Saejong Factua; Recordp, Vol. 60, June, 1433, p. 40. There is no indication of the names of "com- municable and incurable diseases." 86The Saejong Factual Records, Vol. 85, May, 1439, p. 31. 176 A wife's failure to produce children, especially a man child or children, was the most common ground for .- divprce.87~ Misbehavior and cruelty were also reasons to effect legal divorce.88 The conditions listed above were legalized reasons for dissolving a marriage. Before we proceed to inadequate reasons for divorce, we shall review and compare the reasons for the dis- solution of marriage in Korea with the reasons in China. One of the most striking common features among the two countries is indeed significant. This common feature is explained by the words known as "Chil-chul- ji-chang."89 As Lang states the seven grounds for divorce: 87 The Munjong Factual Records, Vol. 9, December, 1451, p. 34. 88 . The Saejo Factual Recorpp, Vol. 8, August, 1458, p. 29. 89 u . . u u The word Chil-chul-ji-chang means seven- grounds-for-divorce." In China these seven reasons contained in Li Chi and Confucius' Epmily Converpp; tions. After the T'ang dynasty, these seven rea- sons for divorce were incorporated in the legal code. See also Yang, op. cit., pp. 115-122. 177 A wife could be repudiated by her husband on the following grounds: (1) If she disobeyed her hus- band's parents; (2) failed to bear children; (3) committed adultery; (4) exhibited jealousy; (5) had some repulsive disease; (6) was garrulous; (7) stole. . .Husbands could not repudiate their wives for reasons other than the seven mentioned above; moreover, the ancient stages formulated "three reasons for not repudiating wives." These "three reasons" breath a spirit of justice unsur— passed in the divorce laws of any country up to the most modern times. The wife could not be sent away (1) if she had mourned her husband's parents for three years; (2) if her husband's family had become wealthy ("The time of poverty should not be forgotten. The wife of the time when we ate chaff should not be dismissed," says an old adage); (3) if she had no family to take her in. As We have seen, it is clear that Korea adopted the Chinese legal code as a basis for court procedures and decisions during the Yi dynasty. It is also learned that inadequate reasons were not accepted by the authorities as grounds for divorce. For example, there was a case of a legally established mar- ried man with children who took a concubine whose husband had died only recently -- within one hundred days -- and the court's decision was that remarriage 0 . 9 Lang, op. c1t., pp. 40-41. In Japan, during the Tokugawa period (1600-1868) which corresponds to the Korean Yi dynasty, these seven reasons for divorce and other Chinese legal code as a guide for administering divorce. Identical articles are to be found in Hozumi, op..cit., p. 138. 178 was illegal under such circumstances. Then the court forced them to separate on the grounds that no woman "shall be allowed to marry or to become concubine within one hundred days from the date of husband's death.91 For this violation of the law, the concu- bine was punished by 60 blows and the man was to live with his legal wife. Barrenness was one of the sufficient grounds for divorce. However, if a divorce took place within three years of the death of the husband's parents, it was not recognized as legal, according to the ppp; jong FactuaT_Recoppp. The court customarily would order the couple to live together until familial and filial duties —- mourning period in this case -— were completed.92 Another case showed the following reasons and decisions. After the wedding ceremony had taken place and the couple had lived together for some time, the husband attempted to divorce his wife on the grounds that she had not been a virgin at the time of the 91 The Taejong Factpal Records, Vol. 26, July, .1413, p. 4. 92The Saejong Factual Records, Vol. 29, July, 1425, p. 3. 179 a marriage. The appeal was overruled and the court forced him to return to his wife, but only after "60 blows and one year imprisonment."93 The records specified that the husband's appeal was "not conclusive evidence," and at the same time “unjustifiable grounds for divorce." Since jealousy and loquacity are recognized rea- sons for a divorce, the case study showed that a hus- band purposely made up and then spread a bad rumor about his wife for the purpose of obtaining a divorce. The King ordered 80 blows and forced him to live with his legal wife.94 Similarly, the husband who tried to get a divorce on the grounds that his wife's family was poor was pun- ished with 60 blows and one year imprisonment, and he was ordered to live with his legal wife.95 During the period of King Sungjong (1470-1494), emphasis was placed on the husband's consent to the divorce instead of on the consent of his parents or 93The Saejong Factual Records, Vol. 106, December, 1444, p. 37. 94 The SaejongpFactual Records, Vol. 106, December, 1444, p. 37. 9 . 5The Sae1onq Factual Records, Vol. 110, October, 1445, p. 2. 180 other relatives. For example, "no divorce shall be effected unless the husband express his willingness and consent," and "willingness and consent shall be supported by sufficient reason or reasons, otherwise, no divorce shall be effected."96 Communicable, incurable disease and mental ill- ness were sufficient grounds for a divorce, as has been shown. However, curable or minor diseases were not accepted as sufficient reason. A decision showed in one case that the court doctors noted that the wife was already recovered from the illness and the divorce was not granted.97 Even in those days, some kind of medical diagnosis was demanded by the King's court before decisions were made. During the period of King Chquong (1399-1400) it was indicated that the King urged the cabinet mem- bers to train the woman medical doctors extensively. The specified reason was "because so many women patients 96 . The Sungjong Factual Records, Vol. 7, August, 1470, p. l. 97 . The Taejong Factual Records, Vol. 22, December, 1411, p. 53. 181 who did not want to show their bodies to men doctors consequently committed suicide at an increased rate."98 When a husband divorced his wife for purely econom- ic reasons without due process of law, and remarried or obtained a concubine from a wealthy family, the "Sahyun- bu" (fl%\%fi) or the Executive Law Agency, enforced strict laws for violators. The penalties were varied but most frequently consisted of "Life imprisonment."99 In addition, any man who divorced his wife because of the wife's initiation of the case, or because of the wife's hatred toward her husband could be punished by 80 blows. When a wife had a child or several chil- dren, the husband "could not obtain a divorce,”100_un- less specified by authority. 98 g o I o Richo Fuzoku Kankei Shiryo Satsuyo, op. c1t., p. 26. 99Ehe Taejong Factual Records, V01- 30: JUlY' 1415, p. 9. 00 . l The Taejong Factual Records, Vol. 12, September 1454, p. 10. 182 6. Marriage by Capture and Intraclan Marriage A. Marriage by Cappure According to Professor westermarck, there are modes of contracting marriage which fall into two major classifications; those with and those without the con- sent or will of the involved parties individually or . 101 . . . collectively. In this section, we shall discuss first the modes of contracting a marriage without the consent or will of the parties involved; that is, "marriage by capture." - - u .102 In Korea, it is called paktal hon. The "paktal hon" may be accomplished in the following way: A marriage consummated by force both without the 0 . 1 1Edward westermarck, The Hiptory of Human Mar- riage (The Macmillan Co., London, 1903). pp. 354-431. 102Hereafter, "marriage by capture" is termed as "paktal" on the basis of the following reason. The word, "paktal" is difficult to translate into English to give its full meaning. The closest words that we can use in English, according to the dictonary, are "arrest" or "spoiler." Hewever, these words often mean to distinguish either criminal, war or politics, not the marriage system itself. Consequently, the writer used the original Korean word to distinguish its characteristics and significance. 183 woman's consent and without the consent of her kindred by either one or more men, single, married or a widow- er, who enters the widow's house and forcefully cap- tures the widow and puts her into a bag, and carries her back to his house to make her his wife. In Korea proper, various names are given to indi- cate such a practice, and such practices were his- torically viewed as inevitable and unique developments during the Yi dynasty. The development and origin of such a practice was primarily designed to "balance the man and woman consumption,"103 because of the social imbalance of the sexes in marriage which was caused by such factors as the wealthy man's monopoly of women, the increasing number of economically poor bachelors who did not have the opportunity to marry and the pro- hibition of remarriage of widows.104 103Son, op. cit., p. 108. 04 . . 1 According to the court records, in fact, many widows were permitted to remarry. The Taejong Factual Records, Vol. 22, November, 1411, p. 50, The Taejong Factual Records, Vol. 29, January, 1418, p. 4, and Thp_ Saejong Factual Records, Vol. 17, April, 1422, p. 5. Hewever, since the reign of King Sungjong (1470-1494), remarriage was prohibited. Question as to whether this law effected continuously after the death of King Sung- jong or amended by his successor, is unknown. In any case, traditionally, a widow's remarriage was not encour- aged socially. Richo Gohyakunen Shi, pp. cit., p. 82. 184 Development of such practice is understandable when we observe that it was far more economical to "capture" a wife directly because one needed no payment for a go- between to arrange for the marriage nor did he need to pay for wedding presents, parties, and ceremonies. One only needed a little money to buy some cloth and wine for friends who assisted him in securing a wife. In the course of time such practice was widely ac- cepted by the lower classes and poorer people and dur- ing the mid-16th century it further spread throughout the country. Often villagers showed sympathy and urged widowers or unmarried men to marry through the "paktal" methods. According to Professor Son's words, such a development is "not peculiar but essential."105 A characteristic of the paktal marriage was that the woman had to be a widow. On the other hand, the man did not need to be a widower. Predominantly it was practiced by old and poor single men, but occasionally it was practiced by a married man. 105Son, op. cit., p. 106. 185 Thus far, the writer has presented the advantageous aspects of the paktal marriage; however, it created some social disadvantages. An impractical aspect of the paktal marriage system was that there was a com- plete lack of mutual understanding and agreement. When a widow was brought to the man's house by force, some lived happily, but some committed suicide and some es— caped to their original homes. Though the capturing methods varied, nevertheless there were great similarities throughout Korea. First, the captured widow had to be carried back to the man's house in a bag, and she was wrapped in a blanket dur- ing the winter season. Second, the captured widow's back had to be attached to the carrier's back so as to avoid the widow's bite or violence. Third, when cap- tured, the widow's hands and legs were tied down and sometimes she was gagged. There was almost a ritual or set of rules to be followed when the capturer entered the widow's house and attempted to capture her. As long as the widow was inside the house, her family might violently re- sist the capturer; however, once the widow's body was 186 carried through the outside gate in front of her house, no one, including her relatives, would try to capture her back. If the captured widow was a member of a noble family, she was often set free by the local officials in the local courts and the capturers were arrested and pun- ished. Despite some resistance among the noble classes, lower class people practiced it and "8 or 9 out of 10 have lived together whether they liked it or not."106 In Korea, during the Yi dynasty, numerous records showed that the kings one after the other ordered their subjects to simplify the wedding ceremonies because the noble families' marriage ceremonies were too extrava— gant.107 Yet the poor or slave classes had no oppor- tunity to attain the most basic and universal demand for sexual satisfaction. The deprivation of the widow's right to marry by customs and by laws, the rise of capitalists and noble 106Son, op. cit., p. 108. 107 . . . . Richo Fuzoku Kankei Shiryo Satsuyo, op. c1t., p. 392. 187 families who moved from political affairs to economic domination of the country, together with absolute obedience toward the ruling house made it more diffi- cult for the economically poor and lower status people of the country to fulfill the biological urge. These factors finally created the "paktal" marriage which persisted until the early twentieth century. B. Intraclan Marriage The primary objectives of marriage, as we observed elsewhere in this chapter, are to perpetuate family cult, tradition, and generations. In order to fulfill the marriage objective, marriage regulations should not go too far, if human races are to be maintained. It does not mean necessarily that incestuous union1 should be permitted. The basic criteria, the writer believes, is only the degree to which such matrimonial union is "allowable within the society." The isolated tribesmen with no potential mates out- side their community were forced to mate within the 108Incest taboo is defined as a prohibition of sexual relations or prohibition of marriage, between father and daughter, mother and son, and brother and sister; that is, between all cross-sex relatives in the immediate, or 188 tribe, or even within the family, if the tribe was to survive. Even today, for example, royal families al- low their members to marry "close-relatives,‘ when such marriages are normally taboo for commoners. It should be asserted here that society should regulate and control the sex-expressions so that an individual as well as the society can be maintained without disunity among members of society. If there were too rigid control, however, population declina- tion and personality maladjustments would result.109 "nuclear," family except husband and wife. The incest taboo is always extended to relatives outside the nu- clear family, but these extensions are not universally the same. For theories pertaining to incest taboo, see Sigmund Freud, Totem and Taboo (Dodd Mead Co., New York, 1927), and by the same author, trans. by A. A. Brill, Leonapdo Da Vinci: A Study in Ppychosexuality (Random House, New YOrk, 1947), Robert H. Lowie, Primitive Soci- ppy_(Boni and Liveright, New York, 1920), Bronislaw Malinowski, Sex and Repression in Savpge Society (Harcourt, Brace and Co., New York, 1927), and by the same author, The Sexual Life 0: Savpgpp in NOrth-Western Melanesia (Eugenics Publishing Co., New YOrk, 1929), John F. McLennan, §ppdie§pin Ancient History, 2d series,(The Macmillan Co., Ltd., New York, 1896), W. Robertson- Smith, Kinship in Ancient Arabia (London, 1903), Jeremy Bentham, The Theopy of Legiplation (Trubner and Co., London, 1871), and westermarck, op. cit., 1926. 109 . . Robert W. White, The Abnormal Personality, 2nd ed., (The Ronald Press, New York, 1956). pp. 129-131. 189 From the early period of the Yi dynasty, along with the importation of Chinese classic literature and customs into Korea, the Koreans were not allowed to marry within the same clan or kinship group. The restrictions in— cluded a prohibition of marriage between people who carry the same surname. Despite the fact stated above, an exceptional case occurred in the southern part of Korea. Professor Son of the Seoul National University who has been a frequent contributor to Korean, Chinese and Japanese scholastic periodicals, had an actual interview with a 69 year-old person who witnessed an intraclan marriage in Taegu city during the summer of 1932. . . 110 . . The folloWing article is the story behind the intraclan marriage which is very rare and which is not popularly known even among the Koreans: Today's Korean marriage is strictly an out-clan (exogamy) marriage and an interblood-clan-marriage is prohibited. However, in the village called "Tusil," located in the‘Yongchon county, Kyung- sang North Province, they practiced intraclan mar- riages and the origin of such a practice is said to have some religious implications. 110Son, op. cit., pp. 117-8. 190 Once upon a time, a villager picked up a wooden box flowing on the river and opened the box by curiosity. He discovered in the box many face-masks and brought them back to the village, and because of fear he kept them in his home. This resulted in good agri- cultural harvests. Disasters such as poor agri- cultural production, calamity and disease occurred when the face-masks were mishandled. Consequently the villagers made a shrine, and kept face—masks in it to which monthly prayers were offered. Neighbor villagers heard of this and cut off all their rela- tions with that village, especially marriage; [and so that village was forced to practise interclan marriages in order to survive.] In the preceding paragraphs, the writer has shown how the ancestors of the Yi dynasty viewed marriage and their Observances. Our next topic will be the examina- tion of the legalistic aspects of the socio-family sys- tem from 1910 to the present. For the sake of system- atic presentation of the subject, the writer has divided the next chapter into two periods; from 1910 to 1945 and 1945 to the present. The former is characterized by the Japanese occupation of the Korean peninsula with an appli- cation of the Japanese laws, and the latter period is marked by the application of Korean laws. Attention is directed to those systems which changed from the previous system. First, we shall proceed with an examination of the Japanese Civil law which affected the lives of the Korean people. 191 CHAPTER IV LEGAL INTERPRETATION OF THE KOREAN FAMILY SYSTEM FROM 1910-1945 AND 1945 TO THE PRESENT Section I. Under Japanese Occupation - 1910-1945 In order to determine how the Korean socio-family system was affected by the Japanese during the 35-year- period from 1910, it is necessary to introduce back- ground information regarding the initial stages of Jap- anese official policy in Korea -— administrative, judi- cial and other matters -- so as to be able to clarify the subject under discussion. Although formal annexation of Korea did not come into effect until 1910, the Japanese initiated their protec- torate regime as early as 1905.1 Under the Imperial lRxevents leading up to Japanese seizure of Korean administration and related information during the Jap- anese occupation in Korea, see Byung Do Lee, Kuksa Taikwan [Korean History], in Korean (Chinmun Kwan, seoul, Korea, 1955), Young Ha Kim, Kuksa Ui Yonggu [Study of the Korean History], in Korean (2nd series, Pakyoo-sa, place of publication unlisted, Korea, 1959), Kyung Cho Chung, Korea Tomorrow: Land of the Morning Calm (The Macmillan Co., New YOrk, 1955), William F. Sands, Undiplomatic Memories (McGraw-Hill, New York, 1930), Frederick M. Nelson, Korea and the Old Orders in Eagtprn Asia (Louisiana State University Press, Baton 192 Ordinances, numbers 267, 268 and 273, of December 20, 1905, the Tokan-fu, which literally means Supervisory Office or Office of the Resident-General, was set up under the control of the Tokan or Resident-General. Though the Resident-General was subordinate to the Japanese Emperor, he could not communicate directly with the Emperor; rather he was restricted to repre- sentation through the Japanese Foreign Minister in foreign affairs and the Premier in all other matters. At the time of the establishment of the Japanese protectorate regime in 1905, the agreements were largely based on the principle of having Japanese ad- visors in every sphere of Korean administration, whereas the agreement of July 24, 1907, made the Jap- anese the actual holders of power. In fact, no Koreans, Rouge, 1946), F. A. McKenzie, Korea's Fight for Freedom (Fleming H. Revell, New York, 1920), George M. McCune, Kppea Today (Harvard University Press, Cambridge, Mass., 1950), Hong Kee Karl, Kpgea: Her History and Culture (Office of Public Information, Seoul, Korea, 1954), and Sadakichi Kida, Kankoku no HeTgp to Kokushi [The Annexa- tion of Korea and its History], in Japanese (Sanshodo, Tokyo, Japan, 1910). 2Papepp Relating to the Foreign Relations of the UnitedpStates (Government Printing Office, Washington D.C., 1906), p. 1025-6. 193 including the emperor, were allowed to enact or amend a law, an ordinance, or an important administrative act without the prior full approval of the Resident—General.3 With this agreement, the former Korean government mach- inery ceased to function, and this marked the beginning of Japanese supremacy in controlling socio-cultural spheres until Korea was liberated from Japan in 1945. Among others, the first tasks of the Japanese Overseas Government-General in 1910 were the "stabili- zation of peace and order” in Korea and "simplification . 4 ‘ . . of laws and regulations." The CiVil Law for Korea, 3These facts are to be found in the following agree— ments: (1) The government of Korea shall act under the guidance of the Resident-General in respect to reforms in administration. (2) The government of Korea is pro- hibited to enact any laws, ordinances or regulations, or to take any important measures of administration without the previous assent of the Resident-General. (3) The judicial affairs in Korea shall be set apart from the affairs of ordinary administration. (4) The appointment and dismissal of all high officials in Ko- rea shall be made upon the concurrence of the Resident- General. (5) The government of Korea shall appoint as Korean officials the Japanese subjects recommended by the Resident-General. (6) The government of Korea shall not engage any foreigner without the concurrence of the Resident-General. (7) Article I of the Protocol between Japan and Korea signed on the 22nd of August, 1905, shall hereafter cease to be binding. Government-General of Chosen, Annpal Repopt on Reforms and Progress in Chos- pp, 1907 (Keijo [present Seoul], Korea, 1908), Appendix G. 4 Annual Report on Reforms and Progress in Chosen, 1921-1922, pp. cit., p. 7. 194 based mainly on the one for Japan, was instituted in March, 1912; afterwards, regulations of matters rela- tive to marriage, adoption, relationship, inheritance, etc., were also completed and put into effect, under the name of "Chosun Minsa Ryung," or "Korean Civil Decree."5 Accordingly, the Army Department of Korea, which was formerly abolished by Imperial Edict No. 68 issued in July, 1910,6 and Korean police forces were to come under the general supervision of the district governors. With regard to Government officials and employees, "Jap- anese were principally employed in those responsible places or positions requiring technical knowledge, while Koreans were employed as assistants or subordinates."8 When Japanese government organizations were success- . 9 . . . : . . . fully established, district reformations were initiated 5Ibid., p. 215. 6Annual Report on Reforms and Progress in Chosen, 1915-1916, op. cit., p. 25. 71bid., 1921-1922, p. 255. 8Ibid., 1915-1916, p. 8. See also George M. McCune and Arthur L. Grey, Jr., Korea Today (Harvard University Press, Cambridge, Mass., 1950), pp. 24-25. 9Ibid., 1915-1916, pp. 8-9. 195 in the year 1915. The administrative divisions of the peninsula were comprised of 13 provinces, 12 urban pre- fectures, 218 rural districts, 2 island districts, and 2,519 villages.lo Village was the lowest in the admin— istrative divisions and village headmen were made di— rectly responsible to the provincial governor.ll As we already observed, the village headmen were selected from among members of the clan and governed the clan villages during the Yi dynasty. In addition, the government officially abolished the clan village school, the "sotang," and introduced the new educational system,12 which was similar to the educational 10T§T§,, 1915-1916, pp. 15-16. ll;p;p,, 1915-1916, pp. 15-16 and 21. 12Ibid., 1921-1922, Chapter 22. The report further stated that "With regard to educational reforms in Korea since 1906, modern Common Schools, in accordance with the advice of the Resident-General, were established in im- portant places throughout the country as models by the Government; and a Nermal School, a High School and a Foreign Language School poorly conducted, were re- organized after a better system. The second stage of the educational reforms was commenced in 1908 with the supervision and control of numerous private schools and of textbooks of a seditious nature indiscriminately used by private schools. In order to encourage female education, a Girls High School was established by the Government to serve as a model, and a system of separate classes for girls was also provided in Common Schools 196 system of Japan proper, in order to Japanize Korea. All the Korean pupils in the Japanese controlled schools learned to speak, read, and write the Japanese lan- guage. All the Koreans were required to change their original Korean names into Japanese, and all the Koreans were required to obey and respect the Japanese laws and Constitution.13 With respect to the laws, all the laws of Japan proper automatically applied to Korea after the annexa- tion. But since the state of affairs in the peninsula was somewhat different from that in Japan, the Governor- General found it necessary to frame special laws suit- able to conditions in Korea, with the exceptions of laws concerning the post and telegraph service, rights in without radically introducing co-education which is con— trary to popular prejudices. In 1909, reform measures entered the third stage, being directed towards encour- aging and stimulating industrial and technical ideas in order to meet the existing condition of the country." Ibid., 1915-1916, p. 144. l3Ibid., 1915-1916, p. 149. For information per- taining to Japanese Constitution, see Kinjiro Sato, Tpgkoku Kenpo Kpg; [A Lecture on the Emperial Consti- tution], in Japanese (Yugaikaku, Tokyo, Japan, 1938). 197 industrial properties, copyright, accounts, and certain other matters to which the laws of Japan proper were made to apply in whole or in part. Furthermore, as it was not possible in Korea to en- act laws as in Japan proper, where laws are enacted by the approval of the Diet, "Imperial Ordinance No. 324 was promulgated in 1910 and Law No. 30 enacted in 1911, empowering the Governor-General in Chosen (Korea) to is- sue 'Decrees' by his discretionary authority after re- ceiving Imperial Sanction through the Prime Minister, and in case of emergency to issue them without Imperial Sanction; but in such case he must ask for Imperial Sanction after their issue, and, if not granted, must announce officially that the decree concerned is hence- forth invalid."15 14Ibid., 1915-1916, p. 32. In addition, with regard to official census regulations, the following observa- tions may be made: "Matters concerning the census reg- istration have hitherto been conducted by police of- fices under the control of the Police Affairs Depart- ment. The Census Regulations being modified in March, 1915, such matters were transferred to the village of- fices and prefectural magistrates under the control of the Judicial Department of the Governor-General. Births and deaths, change in the head of the family, marriages and divorces, creation or abolition of a family, change of residence, etc., should be reported to village of- fices where census registration books are provided." Ibid., p. 32. lsIbid., 1921-1922, p. 25. 198 In NOvember, 1921, the Governor's Decree about Civil Matters was revised and the Japanese Civil Code made to apply in full in Korea with respect to individual capac- ity, parental power, and guardianship, irrespective of old Korean custom.l6 In July, 1921, the inter-marriage law of Japanese and Koreans was adjusted and its pro— cedures simplified.l7 Unlike Anglo-American laws, which are referred to as "Common Law,"18 the Japanese laws are known as 16Ibid., p. 28. 17Ibid., p. 28. The report further stated that: "According to Dispatch No. 240 of the Civil Governor, issued on August 7, 1915, Korean women were recognized as marriageable to Japanese and Japanese women to Ko- reans. The registration of concubines as members of a family, hitherto practised among Koreans, was prohibited. While the legal form of marriage among Japanese accord- ing to Japanese law is constituted by the report of the marriage to the village or town office, that of marriage among Koreans is effected by the marriage ceremony or report to such. Marriage among foreigners is also re- cognized by a report to local offices, as is the case in Japan." Ibid., 1915-1916, p. 32. 18Anglo-American law had its origins not so much in statutes enacted by legislative bodies as in customs, in church teachings and practices, and in decisions rendered by judges. In England during the centuries after the Norman Conquest judges were called upon to referee disputes that arose between individuals in their daily lives. In doing so they rendered decisions, based in part upon customary usages and in part upon their own personal wisdom, common sense, or prejudices 199 ”Statute Law or written Law" and all provisions are carefully defined and prescribed in the law book, called Yukbop Chunso in Korean and Rokuho Zenshu in Japanese. The main areas of investigation in this chapter extend, however, to the marriage rules and property succession. The emphasis is placed upon cultural traits viewed from the legal standpoint, which have changed from those systems existing prior to 1910. concerning the problems of life. In this way there came into being a body of judicial rulings, said to be derived from "the common custom of the realm," which became known as common law. For further information, see Robert K. Carr and four other co-authors, American Democracy Tp Theopy and Practices (Revised ed., Rinehart and Co., Inc., New York, 1955), p. 233. 19It should be pointed out here that although Korea was liberated from Japan in 1945, the major portion of present Civil Law is based on the Japanese Civil Law. Since 1948, some aspects of the laws have been amended, however, little has been changed. Yukbop Chpnso or Rokpho Zenshu may be translated as A Complete Collection of Six Laws. The six laws referred to are (l) Consti- tutional Law, (2) Civil Law, (3) Criminal Law, (4) Com- mercial Law, (5) Civil Procedure Law, (6) Criminal Pro- cedure Law. The translations of Civil and Criminal Law articles in this chapter are made from Yukbop Chunso, in Korean (Munshung-dang, place of publication unlisted, Korea, 1955). 200 1. Components and Defiinition of the Family According to the Civil Law sections on "The Family and Relatives," the family is restricted to a small compact size.20 The family is comprised of "family- head, the spouse, relatives,21 and their own or adopted children."22 The stepfather and stepmother are also classified as legal family members.23 Thus, the family is restricted to married couples and relatives only, 20"The small compact size" is referred to as "con- jugal." The Japanese Civil Law definition is similar to the United States Census Bureau's definition of the fam- ily. For example, the United States Census Bureau de- fine the family as "a group of two or more persons who live together and who are related by blood, marriage, or adoption." Paul C. Glick, American Family (John Wiley and Sons, Inc., New York, 1957), p. 210. Murdock de- fines the family as "a social group characterized by common residence, economic cooperation, and reproduction. It includes adults of both sexes, at least two of whom maintain a socially approved sexual relationship, and one or more children, own or adopted, of the sexual co- habiting adults." George P. Murdock, Social Structure (The Macmillan and Co., New York, 1949), p. l. 21The term "relatives" refers to parents, grand- parents, brothers, sisters, sons and daughters of one's brothers and sisters, and parents of the wife. Civil ppvl, Article 725. 22 . . . CiViTpLaw, Articles 732 and 733. 23 Civil Law, Articles 727 and 731. 201 with or without their own or adopted children. All other members, whether they are living under the same roof or not, are regarded as the distant-relatives and are not included in the family.24 During the Yi dynasty, as we have already observed, regardless of the size of the family, large or small, the family contained only one family or house-head, called "kajang." However, according to the Japanese Civil Law, there could be several family heads, called "hoju."25 To be specific, during the Yi dynasty, if one family contained more than two generations, the eldest male member was the only head of the family, whether the sons were married or not. But Japanese Civil Law broke it down to more than one family-head, because a married son automatically becomes the family-head of his own family regardless of the place of residence. The diagrams on the following page illustrate this difference:26 24Civil Law, Articles 729 and 730. 25Civil Law, Article 732. 26 . . These diagrams were drawn under the assumption that all the members are living under the one roof. Remarks A ____ O _-__ Male Female Married Family-head 202 During the Yi dypasty 0—A O n O 0 During the Japanese era 0 II D 5 Formerly married sons and their wives lived in the parents' house and without the consent of father, elder brother and clan council, out from the main house. no one was allowed to branch According to the Civil Law, 203 any married family member could establish a new branch family of his own.27 The fact that any married family member could es- tablish a new branch family, nevertheless, did not vi- tiate one of the basic concepts of the family -- that the family shall last forever. In order to prevent family extinction, the law further provided that: "A person who has become the head of a house by succession cannot abolish such a house, except where permission to do so has been obtained from a court of law for the pur— pose of succession to, or the reestablishment of, the main house,28 or for any other just cause."29 27Civil Law, Articles 743 and 744. 8To explain the "main house" the following obser- vation may be made. Take for instance, first, a family with 3 sons. When the children grow up, the first son, after his marriage, will succeed the father as the per- petuator of the family, and the second and third sons will establish their own branch house after marriage. At this stage of development, either the parent's or eld- est son's house is referred to as the "main house" be- cause the parent's or eldest son is the only legal per- petuator of the family. For detailed information, see Chin WOo Yoo and Byung Kuk Ko, Pupryulhak Sachun [Ency- clopaedia of Laws], in Korean (Chunku Munhwa-sa, Seoul, Korea, 1954), p. 318. 29Civil Law, Article 762. 204 In addition, "the legal presumptive heir to the headship of a house is not permitted to enter another house, or establish a new one, except where the neces- sity arises for succeeding to the headship of the main house."30 In other words, a legal presumptive heir, by law, could not become a member of another house by mar- riage, adoption, or by any other cause, nor found a house of his own. In short, the Civil Law provided the means to re- duce the size of the family and gave greater freedom to the individual; however, the original thought be- hind the family concept was still incorporated in the law. As we shall observe in detail in the section immediately following, a number of the laws took par- ticular precautions to save the family from extinction. 2. Parental Authority Durihg_the Yi dynasty, the parental responsibility and authority over the children concerned (1) education, @:)'behavior of the children and protection of their lives, (éZ)disciplinary action or punishment, (4) place 30CiviTLaw, Article 744. 205 of residence prior to and after the marriage, (5) oc- cupation, (6) management of finance, and 7)/marriage [and divorce. In addition, greater power was exercised by the father, and the mother could voice her opinion concerningitems 2, 3, and 7. Upon the child'smar- riage and establishment of a separate household, nei- ther the father nor the mother assumed the child's occupation (5) and management of finance (6) as their responsibility.31 In accordance with the Civil Law, all seven items specified above remained the same except that the father had no right over his children after their marriage, and after they established separate households and became legal adults.32 After the death of the father, all the responsibilities "shall be assumed by the mother."33 31Chosen Sotokufu, Chusuin, Minji Kanshu Kaito Ishu [Collection of Customary Replies in Civil Litigation], in Japanese (Keijo [present Seoul], Korea, 1933), pp. 38-9. For further information, see Chapter II, Section 2 of this thesis. 32CiviTLaw, Article 877. During the Yi dynasty, the legal ages have been changed frequently; however, ac- cording to the Civil Law, the legal age is set for twenty (20) regardless of the sex. See Civil Law, Article 3. 33Civil Law, Article 877. 206 There was no specification on the involvement of the paternal uncle in assisting, managing and controlling The said provision was equally applicable to the stepfather and stepmother.34 the family affairs. The termination of the parental authority was possible only by death,35 divorce,36 or adoption by another family37 after due process of law. Children under the age of twenty-one were under the parents' strict supervision, as stated above. Children must live in the place which the parents pro- vided;38 children could not volunteer for military service unless they first obtained permission from their parents;39 children could not establish a business unless the parents granted permission;40 and they could not contract marriage without prior consent from the 34 Civil Law, Article 878. 35 . . . CiVil Law, Article 729. 36 . . . CiVil Law, Article 729. Civil Law, Article 730. 38 . . . CiVil Law, Article 880. 39 . . . CiVil Law, Article 881. 40 . . . CiVil Law, Article 883. 207 parents.41 The said laws were equally applicable to the adopted children.42 Under the Civil Law, as was the case during the Yi dynasty, there is no indication of what types or meth- ods of punishment the parents should apply to the chil- dren. It is safely assumed, however, that death and bodily injuries caused by severe parental punishment may fall under the general classification of the Crim- inal Law, i.e., "Any person who kills his own or his spouse's family member shall be sentenced to the maxi- mum of death and minimum of five years imprisonment."43 In a section on "Injury,' the law specifies that "Any person who committed bodily injury shall be sentenced to less than seven years of imprisonment or less than twenty-five thousand hwan of fine."44 4 1Civil Law, Article 772. 42 . . . CiVil Law, Article 727. 3Criminal Law, Article 250. 4Criminal Law, Article 257. A word "hwan" is an unit of the Korean currency. It is impossible to cite the legal exchange rate at the time of the enactment of the laws. 208 One of the unique features which was developed by the government to assist parents was the system of "Chingkae-jang,"45 whereby parents could take necessary disciplinary measures against a violent child, under the age of 16, with the assistance of the court judges. The Chingkae-jang is the place where the parents and judges jointly rehabilitate the juvenile delinquents or unfilial children. Any parent may request of the court permission to use this facility. The court is empowered to order a maximum of six months' confine— ment. The period of confinement may be ended within six months, and the parents may request to shorten the . . . . . 4 confinement period if it is deemed necessary. 6 3. The Laws of Succespion and Adpption During the Yi dynasty, as we have already observed, greater emphasis was placed upon the eldest male heir 4 . . . 5Chingkae-jang is erected by the government and as a rule, attached to the district courts. The Chingkae- jang's purpose is to allow parents to take necessary disciplinary measures against their child with the gen- eral supervision of the judges. The Chingkae-jang is under the legal court management and is used for the confinement. Whether the children get psychiatric help at the Chingkae-jang is not known. 46Civil Law, Article 882. 209 of the family. The eldest male was made the legal family perpetuator of the ancestral cult, and exclu- sive power was awarded to the family head to regulate, manage and control both the family members and the family property. The family head's authority over both the family members and the family property is termed "Ka-tok," (Zki; ). As time went on, with the improvement of the economic condition of the family, more stress was laid on the family head's authority over property, and finally it reached the point where continuity of the family depended upon the preservation of the fam- ily property.47 Accordingly, the Civil Law recognized the two types of succession; succession to family headship,48 and 47Civil Law, Articles 964 and 991. For further in- formation regarding headship and property succession, see Chin Tai Son, Chppun Minjok Munhwa UTpYonggu [Study of the Korean Culture], in Korean (Ulyoo Munhwa-sa, Seoul, Korea, 1948), p. 96, Morimitsu Shimizu, Shina Shaka;,no Kenkyo [A Study of Chinese Society], in Japanese (Iwanami Shoten, Tokyo, Japan, 1939), Chapter IV, Chosen Sotokufu, Chusuin, Minji Kan§hu Kaito Ishu, pp. cit., Appendix, Chosen Soto- kufu, Chusuin, Richo no Zaisan Sozoku Ho [Yi Dynasty's Property Succession Law], in Japanese (Keijo [present Seoul], Korea, 1936), and Hidekichi Kondo, Shin Hpgaku Zenshu, Sozokuho [Collection of the New Laws: Law of Suc— cession], Vol. 15, in Japanese (Nippon Hyoron-sha, Tokyo, Japan, 1941). 48Civil Law, Article 964 through 991. 210 succession to property.49 Since the property succession is largely determined by the succession of the headship of the family, we shall first proceed to examine the well defined succession of the family headship. There are, in fact, four kinds of heir to family headship; the legal heir, the appointed heir, the chosen heir, and the ascendant heir. Each kind is described as follows: 1. The Legal Heir: The legal heir, who comes first in the order of succession, is the lineal des- cendant of a family head, who is at the same time a member of his house. Among lineal des- cendants, the nearest kinsman is preferred to the remote, the male to the female, and the legi- timate child to the illegitimate, seniors in age being always accorded priority when they are equal in other respects.50 2. The Appointed Heir: In case there is no legal presumptive heir to a family head, the latter may "appoint" an heir, either in his lifetime 49Civil Law, Article 992 through 1016. 50Civil Law, Article 994. 211 or by his will. However, this appointment will not be effective, if he obtains a child in the course of nature or by adoption, for the latter will become his legal presumptive heir. 3. The Chosen Heir: If at the time of the death of a family head, there is neither a legal nor an appointed heir, the father of the deceased, or, if there is not father, or, if he is unable to express his intention, the mother, or, if there are no parents or both are unable to express their intention, the family council "chooses" an heir from among the members of the house accord- ing to the following order: (1) the surviving wife, if she is a house-daughter;52 (2) the brothers; (3) the sisters; (4) the surviving wife, who is not a house-daughter; and (5) the lineal descendants of brothers and sisters.53 51Civil Law, Article 970. 52A house-daughter is the surviving wife who lives in the house of the deceased family-head. 53Civil Law, Article 982. 212 4. The Ascendant Heir: If there is neither a legal, nor an appointed, nor a chosen, heir, then the nearest lineal ascendant54 of the last family head succeeds, the male being always preferred to the female in the case of persons standing in the same degree of relationship. Once a person has succeeded to the family headship, he should not neglect the matters pertaining to the family. Laws are further established to prevent family discontinuation by the following provision: "The family head cannot bequeath away from him more than one half of the property, nor can he disinherit him, [his heir] unless there exists one of the grounds mentioned in the Civil Law, Article 975.56 Article 975 specifies the reasons as: (l) Ill- treatment or gross insult to the family head, (2) Un- fitness for family headship on account of bodily or mental infirmities, (3) Being or having been sentenced 54 . A word ascendant, or lineal ascendant refers to those persons who are directly related by blood, i.e., father, mother, grandfather, grandmother, etc. 55_Ci_ti_l_Lsy.. Article 984 and 985. 56Civil Law, Article 1130. 213 to punishment for an offense of such a nature as to defile the name of the house; and (4) Interdiction of the court as a spendthrift.57 For these and any other just causes, a family head may, with the consent of the family council, bring an action against his legal presumptive heir with a view to depriving him of the right of succession. Furthermore, the emphasis is also placed on male heirs and on the order of birth. A male, particularly the eldest son, has the priority in receiving the total family property. This provision distinguishes Jap- anese Civil Law from that of the Yi dynasty. Under the Civil Law, the second, third and fourth younger brothers or sisters, in effect, have no equal share in the property. The reasons behind this legislation, as inter- preted by Japanese rural sociologists, are that all younger brothers are attached to the elder brother, or younger brothers are subordinate to elder brother, or the main family, and that the younger brothers are 57Civil Law, Article 975. 214 expected to render their labor services for the sake of sustaining and perpetuating the main family line. Under both laws of succession, during the Yi dy- nasty and the Japanese era, it is apparent that every precaution was taken to prevent family discontinuation. The foundations of the law may be viewed as follows: the former period dealt exclusively with the clan or the greater-family as its basis for the perpetuation of the ancestral cult; the latter period emphasized the "nuclear family" and the individual as the foundation for family continuity. Therefore, an application of the Civil Law in Ko- rean society was the first time in Korea's history that the individual began to form the unit of the state. Prior to 1910, an individual was merely the unit of the greater-family or clan, and the clan was actually the unit of the state. Indeed, disintegration of the clan was, therefore, initiated after 1910.59 8Tadashi Fukutake, Nihon NoSon no Shakaiteki Seikaku [Social Character of Japanese Agricultural Vil— lage], in Japanese (Tokyo University Shuppan-bu, Tokyo, Japan, 1951), p. 23. 59 . . For further information, see Annual Report on Re— forms and Progress in Chosen, 1915-1916, op. cit., pp. 14 and 21. 215 The law of adoption needs further explanation. According to the Civil Law, "any person who has at— tained the legal age (21) may adopt a child;"60 how- ever, "a person having a male child who is the legal presumptive heir to the headship of a family is not allowed to adopt a son. But this rule does not apply to the case of adopting a son for the purpose of mak- ing him the husband of a daughter of theadopterz'61 There is another form of adoption, termed "Su- yangja" or "adoption of son-in-law."62 The adoption of a son-in-law is possible when the parents are not childless, but when they have only a daughter. Those persons who have only daughters are obliged to adopt a son. In such a case, a family head could adopt his daughter's husband as his adopted son. When adoption and marriage take place "at the same time," the prac- tice is called "Suyangja." 60Civil Law, Article 837. 61Civil Law, Article 839. 62CiviTvLaw, Articles 970 and 858. 216 When the adoption is legally completed, as specified in the adoption law, the adopted son is treated as a natural— born legitimate child,63 and he takes the name of the adoptive father.64 In other words, upon completion of the adoption procedure, the adopted son becomes the legal presumptive heir to the headship of the family; and, therefore, the adopted son is the legal continuator of the family. In most cases, a person who has a daughter can adopt a son under the assumption that the adopted son, sooner or later, will marry his daughter when they grow up. If the adoptive father finds that both involved parties -- the adopted son and his own daughter -- and the adoptive parents disagree on the marriage issue, court action can be taken regarding dissolution of the adoption. The action could be taken because, (1) the son is adopted on the basis of marriage between himself and the daughter; and (2) the adopted son feels it is his obligation to leave the adoptive father's family. 63Civil Law, Article 860. 64Civil Law, Articles 860 and 861. 217 The main reasons for the dissolution of adoption are described in the Civil Law as follows: (1) Mistreatment or gross insult, (2) Being sentenced to a punishment for an offence of such nature as to defile the name of the family, (3) Disappearance of the adopted son for ov— er three years, (4) Uncertainty about whether the adopted son may be dead or still living, and (5) Suyangja's dis- solution of marriage. The transference of the family property to the son was possible any time after the first son's marriage during the Yi dynasty; however, Japanese Civil Law speci- fies that the property transference can legally begin only after the death of the family-head, the family- head's retirement, or the revocation of family-head's citizenship, the cancellation of adoption, and the fe— male house—head's remarriage. Section II. Marriage Syptem During the Japanese Bra 1. Marriage Age During the Yi dynasty, the legal marriage age was over 16 for the male and over 14 for the female. 65Civil Law, Article 866. 66Civil Law, Article 964. 218 According to the Civil Law, the legal marriage age is seventeen (17) or over for the male and fifteen (15) or over for the female.67 Formerly —- during the Yi dynasty -- when the parents became more than 50 years of age, upon their request to the proper authority, the son could be permitted to get married at the age of 12,68 and "within the emperor's family, the man, or princes, shall marry at the age of 15.69 There are no such exceptional rules in the Civil Law. 2. Parental Conppnt to Marripge The Civil Law provides that the parental consent to marriage remains unchanged except "if the man has completed his thirtieth year, or the woman her twenty- fifth year, no parental consent to marriage may be nec- essary."70 If a member of a house married without the consent of the head of the family, the latter may, within one year from the day of the marriage, exclude 67Civil Law, Article 765. 68The Saejong Factual Records, Vol. 88, March, 1440, p. 28. 69 The Saejong Factual Records, Vol. 32, April, 1426, p. 29. 70Civil Law, Article 772. 219 him or her from the household, or, if he or she has entered another house by marriage, forbid his or her return to the original house in case of dissolution of marriage.71 The consequences of a marriage without the consent of the parents are that the parents can make applica— tion to a court of law for the annulment of the mar- riage within a period of six months from the time when they first become acquainted with the fact of the mar- riage, or within two years from the date of its registration.72 3. Limitations for the Marriage In accordance with the Civil Law, Article 769, "no one is permitted to marry amongst the third-degree blood relatives."73 The third-degree blood relatives 71 Civil Law, Article 750. 72Civil Law, Article784, Sec. 3. 73Civil Law, Article 769. 220 include (1) parents, (2) grandparents, (3) brothers, (4) sisters, and (5) sons and daughters of one's brothers and sisters.74 It means then that a marriage contract is legal even if the bride-to-be carries the same surname as the groom. During the Yi dynasty, "no one shall be permitted to intermarry within the same clan, or even if the parties are from different clans but are related by blood or through marriage alliances and adoption."75 Another rule specifies that no female is per- mitted to remarry within six months after the date her divorce becomes effective.76 There is no time limitation concerning when a divorced male may remarry. 4 7 Sakae Azuma, Shinzoku ho-Sozoku ho [Laws of Domestic Relations and Inheritance], in Japanese (Nihon Hyoron-sha, Tokyo, Japan, 1954), p. 31. 75Kim, Chosun Kajpk Jaedo Yonggu, op. cit. Kim quoted from the Yi dynasty's Criminal Code, Articles 572, 573 and 574. 76Civil Law, Article 767. 221 During the Yi dynasty, "during the three years following the death of a parent, no person shall be . "77 . permitted to marry. However, there is no such restriction in the Civil Law. In addition, there are no restrictions on marriage between the different classes. Any persons who desire to marry outside of Korea, are permitted to marry by reporting to the foreign diplomatic channels, i.e., the Consulate Gen- 78 . . eral or the embassy. During the Yi dynasty, how- ever, government authorization was necessary before the wedding ceremony could be performed. A basic difference between the Japanese Civil Law and the Yi dynasty is that the former merely requires reporting, while the latter requires permission from the gov- ernment before the wedding can take place. 77The Sapjong Factual Records, Vol. 16, May, 1422, p. 11, The Chuliong,Factual Records, Vol. 1, January, 1399, p. 3. 78 Civil Law, Article 777. See also Annual Report on Reforms and Progress in Chosen, 1921-1922, op. cit., p. 25 and 28. 222 4. Cancellation of a Marriage The cancellation of a marriage is possible under the following conditions: (1) The marriage is con- tracted when one or both parties disagree with the mar- riage, or lack the will or willingness for the marriage contract.79 (2) The marriage negotiations are fraud— ulent,80 and (3) The marriage is contracted by force.81 These are the legal reasons for the cancellation of the marriage. 5. Effectiveness of Marriage and Dutip§_pf the Husband and Wife. An effective marriage is only possible when the marrying parties fulfill the previously stated legal requirements, i.e., age, parental consent, contracting parties not being third-degree blood relative, etc. The fulfillment of the above provisions do not nec- essarily mean the marriage is lawfully effective, unless 79Civil Law, Article 778, Sec. 1. 80 . . . CiVil Law, Article 785. 81Civil Law, Article 785. 223 "the marriage registration should be submitted to the city or county hall, and the documents should be accom- panied by two or more witnesses from each side of the marrying parties including the signature of the bride and groom."82 During the Yi dynasty, the witnesses cannot be members of either of the families involved but must be from outside the family.83 However, there are no such specifications in the Civil Law. Certain provisions are made to define the responsi- bilities of a married couple. The husband's responsi- bilities and wife's duties include: (1) they support each other;84 (2) they stay together;85 (3) after the marriage the wife shall move into the husband's house;86 and (4) if the wife is under twenty-one years of age, the husband shall become the legal guardian.87 The above laws mean then, that as husband and wife, the 82Civjpl Law, Article 775. 83 . . . . See Chapter III of this theSlS for more information on this subject. 84 . . . CiVil Law, Article 775. 85Civil Law, Article 789. 86Civil Law, Article 788. 87Civil Law, Article 791. 224 couple should cooperate for survival, i.e., divide [the labor, assume the biological functions of the male ‘and female, and if the wife is not old enough to be a legal adult, the husband should render whatever gui- dance and protection necessary to perpetuate the fam- ily lineage. 6. Prohibition of Concubinage During the Yi dynasty, there was no law to legiti- mize the plural marriage of either polygyny or poly— andry.88 However, it was evident that rich, noble and ruling classes had an opportunity to possess many women as wives. And at the same time, the possession of plu- ral wives often implied courage and wisdom, wealth or noble descent and plurality of wives was regarded as a mark of social distinction. 88The marriage of one male and one female is called monogamy. Polygamy is referred to as many wives, or husbands. Where the marriage is between one male and several or more females, it is called polygyny. Where it is between one female and several males it is called polyandry. In Korea, there is no evidence to support the existence of polyandry. Therefore, a word concubine is strictly referred to as one male with several or more Wives. 225 Although during the Yi dynasty there was no law to permit concubinage, however, on the basis of the King's court orders, the concubine system prevailed.89 With the application of the Japanese civil law and criminal law in the Korean peninsula, monogamy became the es- tablished rule. Therefore, no one would be permitted to marry twice without due process of law.90 In other words, no one was permitted to have a concubine or two or more wives at the same time. "The violator shall be sentenced to minimum of two years of imprisonment."91 Since 1910, monogamy has become the established legal law in Korea. Nevertheless, plurality of mar— riage continued to be practiced among the privileged 89The Taejong Factual Recordp, Vol. 23, June, 1412, p. 38, Ibid., Vol. 25, June, 1413, p. 13, Ibid., Vol. 29, March, 1415, p. 4, The Saejong Factual Records, Vol. 85, May, 1430, p. 31, and The Saejong Factual Records, Vol. 95, February, 1432, p. 25. 90Civil Law, Article 766. 1Criminal Law, Article 184. For further informa- tion on Criminal Law and its interpretation, see Masakichi Yasuhira, Shin Keiho Gairon [Outline of the New Penal Code], in Japanese (Hobunsha, 1952, Tokyo, Japan) and Seiichiro Ono, Shintei Keiho Kogi [Lectures on Penal Code], in Japanese (Yugaikaku, Tokyo, Japan, 1954). 226_ people as was the implication of a newspaper editorial during the 1920's which advocated a five-point social reformation, particularly with regard to the promotion of the woman's status within the family and society. Among others, the first item urged the "Abolition of concubinage and establishment of sound monogamy." This quotation is an indication of the existence of concubinage during the Japanese era. Since we do not have the official statistic to support the married- population v.s., concubinage either during the Yi dy- nasty or Japanese era, it is impossible to present a quantitative analysis here. 7. QTssoTution of the Marriage During the Yi dynasty, a wife could be repudiated by her husband on one of the following "Seven Grounds of Divorce," known as Chilchul-ji-chang.": (l) Disobe— dience to her husband's parents; (2) Barrenness; (3) 92"A Statement on the New Moral and Establish- ment of the New Society," Toa Nippo [Eastern Times], Vol. 107, No. 8, July, 1920), appeared in Kim, Chosun Kajok Jaedo Yunggu, op. cit., p. 757. 227 Adultery; (4) Jealousy; (5) Repulsive disease; (6) Talkativeness; and (7) Larceny.93 An examination of the Civil Law reveals that the majority of the above Seven-Grounds-of-Divorce rules have disappeared except items (1), (3) and (7). Under the Yi dynasty's law, the divorce was either brought to the court by the husband or by the hus- band's parents; however, the Civil Law recognizes that "either parties, husband or wife, may initiate the divorce."94 The Civil Law recognizes the two kinds of legal procedures with which to terminate the legal marriage. The first one is called "Consensual" and the second is termed as "judicial."95 The former is effected by the arrangement of the parties concerned, while the latter is awarded by the court of law on the grounds speci— fied in the Civil Law, Article 813. 93See ChapterIII, Section 5 of this thesis for more information. 94 . . . CiVil Law, Article 808. 95Civil Law, Articles 808 through 812 and 813 through 819. 228 Under the judicial divorce provisions, well speci- fied items are provided in Article 813 which affect the marriage. Either side of the married couple may ini- tiate the divorce suit on the basis of one or more of the following grounds: (1) Being married twice or more without due process of the law -- bigamy; (2) Adultery committed by the wife; (3) Adultery committed by the husband; (4) Condemnation to punishments for such offenses as forgery, bribery, corruption, theft, rob- bery, obtaining property under false pretences, em- bezzlement, receiving stolen goods and sexual immoral- ity; (5) Cruelty or gross insult against other spouse and spouse's immediate family; (6) Desertion of spouse or spouse's immediate family; (7) Uncertainty of the spouse's existence, or whereabouts, for a period of over three years. In addition to the above rules, special provision is made under the judicial divorce to regulate son-in- laws' marriages and their dissolution or dissolution of adoption, as mentioned above.97 96 Civil Law, Article 813. See also Wagazuma, pp, cit., Chapter 4, pp. 118-168. 9 7Civil Law, Article 813. 229 While the court is to determine the above listed item No. 7, if the disappeared spouse is located, the divorce suit will be cancelled.98 The court of law is empowered to make appropriate decisions concerning the children involved, or the children's care. Consensual divorce is rather simply administered if both parties agree to terminate their marriage. However, if either side of the married couple insists upon the divorce, while the other party disagrees, the matter then is to be handled by the court of law. Thus, other than consensual divorce, all cases must conform to, be disputed by, the court of law as specified in the Civil Law. Even if both parties, husband and wife, agree to terminate the legal marriage, the said parties must first obtain consent from the legal guardian, i.e., the par- ents, in order to effect the divorce,100 if the parties 98Civil Law, Article 817. 99 . . . CiVil Law, Article 819. 100 Civil Law, Article 809. 230 -- either one or both -- are under twenty-five years of age. In addition, if both parties agree to termi- nate the marriage, but do not decide which party should care for the child, or children, the responsi— bilities regarding the child, or children, are under the supervision of the father. In case the father separates from his own house, the child comes under the mother's responsibilities. In either case, the parents could not escape from supporting the child.101 Section III. Korean Family Systempance 1945 The Republic of Korea was not formally established until August 15, 1948. Korea was liberated from the Japanese Empire on August 15, 1945 and for three years thereafter, American Military Government occupied the area south of the 38th parallel. Under the auspices of the United States and the United Nations, the first election was held in south Korea on May 10, 1948. Later in May, 1948, 198 representatives chosen in the free election came to Seoul to begin the task of organizing a new, democratic government. 101Civil Law, Article 812. 231 The Constitution of the Republic of Korea was promul- gated on July 17, 1948.102 The Constitution is based up- on democratic principles; the government does not follow a particular established pattern of organization but draws upon a combination of American, European and Ori- ental political systems designed to meet most effectively administrative prdblems peculiar to the Republic of Korea. The Constitution with great emphasis stresses indi- vidual freedom, liberty and equality regardless of sex, social status and religion. These provisions which bear upon the family system are to be found in the following articles:103 Preamble: Now at this time we are engaged in the re-establish- ment of a democratic and independent State and are determined; To consolidate national unity through justice, humanity and fraternity, 102Amendments were made for the first time in the National Assembly which convened at Pusan on July 4, 1952; the amended Constitution was promulgated July 7, 1952. The Constitution was/amended again in the National Assembly at Seoul on Nbvember 27, 1954, and the present Constitution as amended was promulgated November 29, 1954. 103Office of Public Information, The Conptitution of the Republic of Korea (Seoul, Korea, 1956). PP- 1-8. 232 To afford equal opportunities to every person and to provide for the fullest development of the capacity of each individual in all the fields of political, economic, social and cultural life. Article 8: All citizens shall be equal before the law. No dis- crimination as to political, economic or social life, based upon sex, religion or social position shall exist. No privileged castes shall be recognized, nor be ever established hereafter. Article,9: All citizens shall enjoy personal liberty. No citi- zen shall be arrested, detained, searched, tried, punished, or subject to compulsory labor except as provided by law. In any case of arrest, detention or search, a warrant therefor shall be necessary; except that in any case of TTagrante delicto or in any case where there is danger that the criminal may escape or that the evidence of the crime may be destroyed, the detecting authorities may request an ex post facto conformity with provisions prescribed by law. To all persons who may be arrested or detained, the right to have the prompt assistance of counsel and the right to request the court for a review of the legality of the arrest or detention, shall be guaranteed. Article 13: Citizens shall not, except as specified by law, be subjected to any restrictions on the freedom of speech, press, assembly and association. Article 16: All citizens shall be entitled to equal opportunities of education. The attainment of at least an elementary education shall be compulsory and free of cost. All educational institutions shall be administered under the supervision of the State and the organization of the educational system shall be determined by law. Article 20: Marriage shall be based on the equality of men and women. The purity of marriage and the health of the family shall receive the special protection of the State. 233 An examination of these Constitutional provisions reveals a number of concepts which have an important bearing upon the relations of liberty and authority in modern society. With the adoption of the new democratic Constitution, the outlook of the society began change. Although a new Constitution was adopted, all the laws including the Civil Law, which were enacted by the Japanese Diet and applied in the Korean peninsula since 1910, remained effective. On February 22, 1958, the new Korean Civil Law was enacted for the first time in her history by the Nation— al Assembly; however, in general, most of the provisions E of the Japanese Civil Law remained the same with minor revisions. To a large extent, the revisions involved those provisions which are contrary to the Korean Con— stitution and/or the new Korean ideology, democracy. The enactment of the Korean Civil Law automatically abolished Japanese Civil Law by replacing the new arti- cle as enacted. The newly enacted Civil Law became ef- fective on January 1, 1961. The main purpose of this enactment of the new Civil Law was to introduce a 234 contemporary democratic idea into the law by eliminating traditional elements from the Japanese Civil Law and placing greater emphasis on the individual, thereby modernizing the newly independent Korea. According to the new Korean Civil Law, the family is defined as "family head, his spouse, his parents and his own or adopted children."104 An examination of the above article reveals that the family is further restricted to a small and compact size compared with the Japanese Civil Law. In terms of adoption, "a married man over 30 years of age can adopt a child."105 There is no provision re- garding "Suyangja" or adoption of son-in-law. With regard to marriage, individual rights in the choice of a mate are fully respected by the new law as compared to the former Civil Law. As to the legal mar- riage age, the new provision provides that "the male should be 18 or over and female should be 16 or over to be of legal marriage age."106 During the Japanese era, 104 . . . Korean CiVil Law, Article 773. Hereafter, the new Civil Law, which was enacted by the Korean National Assem- bly is termed Korean Civil Law, and the former one is termed as Japanese Civil Law in order to distinguish the two. 105 . . . Korean CiVil Law, Article 860. 106Korean Civil Law, Article 801. 235 the legal marriage age was 17 for the male and 15 for 107 . . . the female, while during the Yi dynasty, the legal marriage age was over 16 for the male and over 14 for the female.108 During the Japanese occupation and the Yi dynasty, very often people of marriage age were not mature enough to arrange a marriage effectively themselves so it was necessary for the parents to arrange their chil- , . 109 . dren 3 marriage. At the same time, parental consent to the marriage was necessary under the age of 30 for the male and 25 for female.110 Although the new law raises the legal marriage age ‘ to 18 for males and 16 for the females, the provisions restrict the parental authority in the marriage on one hand and show respect for individual desires in selec- ting his or her own mate, on the other. There is no provision which requires parental consent to the 107Japanese Civil Law, Article 765. 108The SaejongpFactual Records, VOl- 88: March, 1440, p. 27. 09 . . . . . 1 For information on marriage during the Yi dy- nasty, see Chapter III of this thesis. 110Japanese Civil Law, Article 772. 236 marriage of adult persons. Parental consent is only re— quired when the marrying child is under 20 (legal adult) for both male and female. No one is permitted to marry if the marrying child is under 18 for the male and 16 for the female. On the other hand, no parental consent is required when the marrying party is over 20 years of age, for both the male and female. To be specific, "any person who becomes a legal adult at the age of 20, either male or female, may freely marry."111 Furthermore, the new Civil Law stresses that mare riage can be allowed only on the basis of agreement be— tween the male and female. The provision specifically states that "A marriage without agreement between the male and female is legally invalid."112 It means, then, whether a marriage is arranged by the parents, go- between, friends, or by one's own will, mutual agreement by both the marrying male and female is necessary in order to legalize the marriage. The limitations of marriage generally remained the same as in Japanese Civil Law except for one specific lllKorean Civil Law, Article 800. 112Korean Civil Law, Article 808, Sec. I. 237 provision in the new Civil Law which states: "Per- sons who carry the same surname, or belong to the same clan, i.e., blood relatives, related by mar— . . "113 riage, shall not intermarry. Under the Japanese Civil Law, marriage was prohibited among peoples who had intimate blood relationship such as between par- ents, grandparents, brothers, sisters, and sons and . . 114 daughters of one s brothers and Sisters. It means then that the new Korean Civil Law is apparently pat- terned after the Yi dynasty's law, which states: "No one shall be permitted to intermarry within members of the same clan; nor if both parties are from differ- ent clans but are related by blood or through mar- . . . "115 riage alliances and adoption. Unlike the provisions of the Japanese Civil Law which permit marriage registration by both oral and documental reports, the new law provides that only docu- mental report may serve as a legal registration 113Korean Civil Law, Article 802. 114 . . . Jppanese CiVil Law, Article 769. 115 The Taejong Factual Records, Vol. 36, November, 1418, p. 28. For further information, see Chapterli of this thesis. 238 procedure.116 This provision is not only designed to simplify the administrative procedures, but also to emphasize the significance of the status of marriage in human relations. Concerning the dissolution of marriage, there are no critical changes in the new law. However, the individual rights of both parties involved are extended. Parental consent to the divorce is required only if the "child is under twenty years of age, either male or female."117 Under the Japanese Civil Law, if either par- ty -- male or female -- is under twenty-five years of age, they should obtain consent from the legal guardian or the parents in order to effect a divorce.118 In interpreting the new Civil Law, both marriage and divorce may be fulfilled without the parents' con- sent when persons reach their legal age of 20 - adult. As described in the foregoing paragraph, the Consti— tution of the Republic of Korea and the new Civil Law 116Korean Civil Law, Article 805. 117 . . . Korean CiVil Law, Article 828. 118 Japanese Civil Law, Article 809. 239 incorporated the idea of "democracy” by respecting the individual's capability and desire. In this sense, when a person reaches the age of twenty, the parents' author— ity over their child ceases automatically, by law. The violation of the Civil Law provisions, therefore, would be handled by the government authorities as specified in the Criminal Law. This study has clearly shown that both the Japanese and the Korean laws took precautionary measures to pre- vent extinction of the family. In other words, the basic philosophy underlying social legislation was to safe- guard family continuity and family harmony. Thus far, the writer presented the structural and functional aspects of the Korean family system since 1392; from 1392 to 1910 (during the Yi dynasty), 1910 to 1945 (during the Japanese era), and 1945 to the present (modern period). In the next chapter, we shall sum— marize and conclude the total scope of this study. 240 CHAPTER V SUMMARY AND CONCLUSION Part I. According to this study, the matriarchal family sys- tem apparently prevailed until the Koguryo period (37 B.C.- 668 A.D.) and then gradually transformed itself into the patriarchal family system. The patrilineal and patri- local family system was well established during the Yi dynasty, and is still in practice. As has been observed, at first the nuclear family settled down in a certain locality and gradually formed a clan village. Since the clan village formed an eco- nomic unit, produced goods for its own consumption, and created various rules to regulate the village clan mem- bers, the clan village in turn acted as the political sub-unit of the State during the Yi dynasty. The family was organized strictly according to patri- lineal principles and the position of women gradually fell. Polygamy was a common practice and women depended on and were subject to men. Social differentiations 241 were largely based on, or according to, the status of the individual, sex, and order of birth. And later, sharper differentiations were characterized by eco- nomic status which formed the classes into rich and poor, and by political status which formed the ruling and the ruled. The traditional Korean family structure as well as its functions, i.e., law of headship and property suc- cessions, kinship terminology, procedures in marriage, ceremonies connected with funerals and ancestor worship, clan rules, and elaborate customs pertaining to the individual family members' conduct, manners and behav- ior, etc., were indeed complex. The reasons for such a complex family system were (1) the average clan village population was somewhere near 200, and the village size and membership was small enough to permit such an elaborate family system because of the intimate personal relationships that could be maintained; (2) the system of "chongbop," particularly the Confucius concept of elaborate human relations, or "Oryun;" and (3) an adaptation of the Chines cultural traits. In summary, for the purpose of clarification of the traditional Korean family system, we shall list the following characteristics: 242 Under the traditional family system, the status of the individual is predestined, according to birth order and sex. Special privileges were exclusively handed down particularly to the oldest son, including proper- ty, authority and headship of the family. The traditional family under this study does not require establishment of a new house in each marriage. Married sons brought their wives and lived together with their parents and grandparents. When the family has grown into a very large group, younger sons and their wives often established separate households nearby, with the permission of the parents. At least theoretically, the family never ceased to exist because it was insured to have newer generations. When a family found it impossible to have a male child of its own, it was permissible by law to adopt a male child from the closest in line, related by blood, in order to continue on the family line. The traditional family was only a fraction of each clan, and to a large extent, the clan council was respon- sible for providing for intraclan arrangements such as recreation, religion, education, welfare, rehabilitation 243 of criminals, marriage arrangements, funeral services and village security on one hand, and interclan affairs as controversial disputes with other clan groups, etc., on the other. Because of the nature of the clan func- tions, no political campaign or election was necessary due to the fact that eldest family members automati- cally became a clan council official until they died. Since the objective of marriage was to continue the family line, marriage was arranged by the parents on the basis of family interest. Individual opinion was largely ignored in the marriage issue. A divorce was considered as disgraceful and was not commonly practiced. Those of wealthy or noble descent possessed a plurality of wives. In many cases, the husband was a young child, whereas the bride was a "woman." By the time the hus— band came of age, the wife was too old to be physically attractive to the husband. This dilemma was solved by the institution of concubinage. Inasmuch as agriculture maintained the livelihood, or agriculture as its primary means of living, the village was regarded as a productive economic unit on one hand, and a consumption unit on the other. On the level of 244 family, as well as clan village, handicraft was the main source of goods providing for the daily necessities, viz., cotton clothes, silk materials and others. Under the traditional family system, the family was also a religious unit. Each family worshipped its im— mediate ancestors, while on the clan village level, the ancestors were worshipped collectively. Because of the Confucian concept of filial piety, the family members celebrated the anniversaries of their ancestors, and paid tribute to their memory, visiting annually the an- cestors' graves to offer flowers, food, and wine, while incense purified the occasion and invited the souls to partake of the offerings. Child training was indeed rigid. Children were taught to respect the parents as well as authority from an early age. The parents were responsible for the sup- port of the children, and in turn, when the parents got old and unable to work, the children were required to support the parents until they died. When aged par- ents were ill, the children and their wives were ex- pected to take care of them. In the traditional family system, where status-roles are pre-determined and pre— cisely described, the care of the aged was easily. 245 maintained without controversy. In other words, the care of the aged was done entirely by the family, or by the clan, if the former were unable to do so. Just how many of these traditional traits remain in Korea today is the subject for another study. However, t/ it is the writer's impression that the complex family traits still remain in the rural communities in Korea, despite Korea's adoption of a modern democratic Consti- tution and laws. A time-honored custom cannot be changed overnight. It will take some time before transformation of such a traditional system is realized to the fullest extent. Part II. On the basis of this study, Korean society passed through at least three major stages of transformation since the Yi dynasty. These are, first, what the writer terms "period of clan recognition,‘ second, "period of family recognition," and lastly, "period of individual recognition." The first period of recognition covers the five hundred years of the Yi dynasty -- 1392-1910. The period between 1910 and 1945 is designated by the term 246 "period of family recognition," and 1945 to the present may be referred to as the "period of individual recog— nition." As stated in the foregoing chapters, prior to 1910 the clan groups acted as political sub-unit of the State and greater powers were exercised by them. To a large extent, clan groups were self-sufficient economically. Each clan group compiled the chokbo, or family registry in which various rules were prescribed to regulate the clan members. The clan had a school (called sotang) of its own.1 The clan council, usually comprised of the oldest paternal members, administered such complex af- fairs as village defense, arbitration of controversial issues between neighboring clan villages, entertainment of village visitors, clan members' discipline, and other matters pertaining to the clan village welfare. As a rule, every member within the clan group car- ried the same surname, except for the married-in females. lYoung Ha Choo, The Education in the Yi Dynasty (Soodo women's Teachers College Publication, Seoul, Ko- rea, 1961). p. 52. and Government-General of Chosen, Annual Report on Reforms and Progress in Chosen, 1921- 1922 (Keijo [present Seoul], Korea, 1923), Chapter 22. 247 Exogamy was the established rule during the Yi dynasty and marriage was usually contracted between different clan-names2 of equal standing. Different clan groups were further classified into higher and lower according to the clan accomplishment3 and a marriage between mem- bers of different classes was strictly forbidden. Al- though the government had enforcement agencies,4 its activities were limited in scope, largely because the 2Nung Hwa Lee, Chosun Yosokko [Study of the WOmen's Custom], in Korean (Tongyang Sowon, Seoul, Korea, 1927), pp. 24 and 29. See also The Taejong Factual Records, Vol. 36, Nbvember, 1418, p. 28. 3Criteria with which to evaluate higher or lower clan were largely based upon (1) number of government offi- cials produced from clan group, (2) how many awards were received from king or from provincial governor, (3) how many criminals were arrested by the government, (4) how well clan village maintained their peace without the help of others, (5) how many unfilial children were pun- ished by the clan council, (6) literal accomplishment, e.g., published classical writings, etc., (7) wealth of clan village, (8) membership of clan group, etc. If, for some reason, any clan group happens to provide a bride to the royal family, this group might be elevated one or sev- eral steps up the ladder of clan rank. For further infor- mation, see Byung Do Lee, Kuksa Taikwan [The Korean His- tory], in Korean (Chinmunkwan, Seoul, Korea, 1955), pp. 216-8, and Korea: Its Land, People and Culture of All Ages (Hakwon-sa, Ltd., Seoul, Korea, 1960), p. 31. 4For information on law enforcement agencies, see Chin woo Yoo, ed., Kukyak Taejun HWaetong [Translated Edition: Comprehensive Compilation of National Statutes], in Ko- rean (Koryo University Press, Seoul, Korea, 1960). 248 the clan council discharged administrative and judicial power over its own clan members. Revenue was needed to run the governmental machinery. But tax was not paid to the government. Since the form of tax was often not in currency but paid in kind, i.e., food crops and cloth, the clan council upon receiving the government tax quota, in turn requested the individ- ual family to submit a fixed amount of tax.5 Census data were provided by the clan council, not by the individual family. The clan groups were required to present the chokbo, or the family registry to the government.6 Privileges such as waiver of military service, tax and national labor service were awarded according to the social classifications.7 The functions of the clan council were, therefore, indeed broad and extensive. All in all, government policies and orders were directed to the clan council rather than to the family. It was the clan, not the family, that was 5Ibid., p. 155. 6The Saejong Factual Records, Vol. 94, October, 1441, p. 4. 7Lee, Kuksa Taikwan, op. cit., pp. 216—8. 249 recognized by the laws of the Yi dynasty, as the unit of society. Hence, the writer terms the years between 1392-1910 as the "period of clan recognition." But the situation changed. When the Japanese ini- tiated their protectorate regime in Korea in 1905 and annexed Korea in 1910, the family became the unit recog- nized by the State. To a large part, the changes are due to the structure and function of the Japanese govern— ment in Korea, by the application and enforcement of Jap- anese laws in Korea. The clan, a political sub-unit of the State, was deprived of power by the Japanese cen- trally controlled government machinery. Census data were reported in compliance with govern- ment regulations via local, district and provincial gov- ernment agencies. Tax was paid to local government agencies directly by the family, not through the clan council. All the family properties were reported and registered to the local magistrate. The Japanese Resident-General formally abolished the clan village school, and introduced the new educational system.8 8See Chapter IV for more information on these subjects. 250 An application of the Japanese Civil Law to Korean society was more than just Japanese political expansion in Korea. It was the period when the family, instead of the clan, began to form the unit of the State. As ob- served in Chapter IV of this thesis, well—defined laws were established and the government directed the family to conform to the local, district and central government agencies. Since the family became the unit of the State. during the years between 1910 and 1945, the writer desig— nates this as a period of family recognition. The third period falls in the latest social develop- ment in Korea. The term "the period of individual recog- nition," does not necessarily mean that all government policies are directed toward the individual and disre— gard the family existence. The term is used to signify the present as well as future trends as evidenced in soc- ial legislation. Since 1945, particularly after 1948, more emphasis has been placed on the individual in all aspects of his social life. The Constitution of the Republic of Korea incorporates democratic principle by guaranteeing the maximum individual freedom, equality and right regardless of sex, religion and social status. 251 The structure of the family and its components has become much smaller when compared with that of the previ— ous two periods. Any person reaching the legal age of twenty may contract marriage without parents' consent. Dissolution of marriage, and adoption, for instance, follow the same pattern. Social recognition of individ— ual abilities is increasing irrespective of sex and age. As long as the individual is successful and capable in his assigned role in society, he may be able to advance regardless of social class. Adoption of democratic principles and establishment of modern laws are indeed a significant turning point of the modern phase of Korean social development. Just how much individualism will be stressed in society is beyond the present treatment; however, the trend may continue for some years to come. Diagrammatically, the observation on the following page may be made to convey the points under consideration: 252 Table V. Chart of Interaction Between the Individual and the State According to the Three Periods of Recognition. a Yi Dynasty Indi- (1392-1910) vidual 0 Japanese Era (1910-1945) Modern Republic of Korea (1945 to the present) The above diagram does not intend to portray exact channels of interaction between individual and state. Rather, the diagram is drawn under the assumption that these were, and are historical transformations marked by the change in governmental structure and social registra- tion .laws which ultimately signifies the modern and pre- modern registration requirements. Furthermore, the above diagram permits a quick observation of social transforma- tion since 1392. 253 Characteristically, in evaluating the aforementioned three stages of social transformation, the government has gradually acquired more and more control power as evi- denced by the increasing rigidity of the registration system. When government functions, particularly that of social control mechanism (law and enforcement power) be- come more powerful and efficient, the family functions are minimized. On the other hand, individual freedom, liberty and equality regardless of age, sex, occupation and status may be maximized because "everyone is equal before the law." Under a static society, like the Yi dynasty, the controlling mechanism of the individual was confined by the requirements of the family, or by those of the clan; and therefore, it was natural that parents, the males and those advanced in years acquired more controlling power. In other words, in a strict sense, the governing body was either parents, the male, or old members of the family or clan council. When the Japanese annexed the Korean peninsula in 1910, standard laws were applied throughout Korea, and strong centralized government 254 was established along with powerful military and police forces. As a result, the power, which was formerly exercised by the parents and clan council, was reduced or abolished and some of the family as well as clan functions were taken over by the State. It is the current phenomenon in Korean society that the government has focused their attention more and more on the individual. Therefore, the strong centralized government means not only the re- duction of the power structure of the family, but also family functions as well. The aforementioned statements may be illustrated diagrammatically on the following page: 9For example, in July, 1910, Viscount Sone, successor to Ito, was replaced by Count Terauchi, an avowed expon- ent of a more thorough policy in Korea. Count Terauchi, as a soldier, formerly a member of the Japanese General Staff and Minister of war during the Russo-Japanese War, regarded the Koreans as a people to be absorbed or to be decimated. As the Japanese controlled Seoul Press made the following remarks with regard to enforcement of the Japanese policies in Korean peninsula: "Japan is in this country with the object of promoting the happiness of the masses. She has not come to Korea to please a few hundred silly youngsters or to feed a few hundred titled loafers . . . .She must be prepared to sacrifice anybody who of- fers obstacles to her work. Japan has learned from ex— perience gained during the past five years that there are some persons who cannot be converted by conciliatory meth- ods. There is but one way to deal with these people, and that is by stern and relentless methods." F. A. McKenzie, Korea's Fight for Freedom (Fleming H. Revell Co., New York, 1928), pp. 174-5. Table 6 Extended Family or Conjugal Family Traditional Family (pre-l910) (Modern) Clan council a== State Ancestor worship == Church Handicraft s: Industry or factory Clan rules and == punishment Legislation, court and prison Sotang or clan =: village school Public and privately supported or govern- ment recognized schools Village defense 4». Police and military Care of sick 4.. Hospital Aged care and clan welfare Chokbo or family registry Clan festivals and recreation Various social wel- fare agencies inclu- ding Red Cross, Home for the aged and others Government recording agencies such as city or county hall, court and others Mass communication; TV, radio, movie, show and national holidays, etc. 256 As illustrated above, the government and the social or public institution, e.g., church, factory, hospital, social welfare agencies, etc., have continually taken over the family functions. Still Korea is undergoing a marked transformation from the traditional to the modern family; some of the social as well as the family func— tions are, in many respects, overlapping. It is the writer's present opinion that such trends may well be continued in the future, and ultimately, the family functions will become much weaker as time elapses. As was certainly the case during the period of the Yi dynasty, the social control mechanism was more or less on the informal or personal basis according to the natural organic differentiations such as age, sex and status. As science, technology, and social con- trol become more acute for the Korean society, and more and more individuals come into contact with each other as the diversity of interests and types of groups mul- tiply, more formal, or impersonal machinery, e.g., rules, regulations, laws, etc., for control will develop. 257 Increasingly, the control function may gravitate more . . . . 10 and more to institutionalized government. However, the control and regulation of behavior does not pass complete— ly to government or any other social institutions. For other formal and informal relationships continue to in- fluence and control behavior; the family, among others, will perform equally important functions of social control. 0 . . 1 To a large extent, the children's education was a matter of the family during the Yi dynasty. Now the ed- ucation is made compulsory up to the 6th grade and gov- ernment is directly involved. The so-called "family- plan," or "birth control" was the affair of the husband and wife, but now government has to say about the mat- ter. According to the Ministry of Health and Social Af- fairs, the ministry issued teaching materials for con- ducting a nation-wide birth control campaign. Ministry spokesman said it has been decided to sponsor a series of lectures in nine major cities to train a total of 1,250 physicians and maternity nurses for the family planning. For more information, see "Government Moves to Control Birth Rate," Korean Republic, October 15, 1961, p. 8. In addition to the government involvement in the family affair, the questions of marriage, divorce, settlement of the individual as well as the family dis— pute, occupational guidance and others are, to a large part, taken over by the special agencies such as Mar- riage Guidance Center, professional lawyers, Occupa- tional Guidance Bureau and others. In short, the cur— rent trends in the Korean society are focused more upon the individual as the basis for the social control, rather than the family. 258 Thus far, the writer has presented the summary and the historical transformation of the Korean family accord- ing to the three periods. we shall hereafter proceed to examine the merits and demerits of the family system. Part III. The social evolution in Korea witnessed in the past six centuries is indeed significant. In its broader historical context, the family system underwent marked transformation; from conjugal to consanguine (or extend- ed family system), consanguine to the clan, then back to a consanguine, and now to a compact family system, as viewed from the legal standpoint. The family institution of Korea, which is believed to have been created much earlier than any other institution such as the church, or economic and political institu- tions, has undergone more critical changes than all other existing institutions. In spite of these criti- cal changes, it is admitted that some of the primordial traits still linger in rural communities. Viewed from the standpoint of functional efficiency, the Korean family system is perhaps detrimental to the general progress of the Korean society. g 259 Before we discuss and examine the impractical aspects of the Korean family system; first, we shall list the positive, or meritorious features. . ’ T) 3ELliflflfiLEiLhfiméfl—EEAEEEEEE11th? Korean family sys- )em has contributed more toward general social stabil— i and maintenance of peace than any other social in- stitution. The Korean family system is, from the stand- point of the society, the best agency for child social- ization. From very early childhood, children were taught to respect others, to obey, to serve, to,love, to cooperate and assist one's own family members as well as others. Consequently, juvenile delinquency was prac- tically unknown to Korean society until recent decades. Moreover, the Korean family system is so constructed to control family members that it ultimately prevents the family members from committing crimes. Thus, it may be said that the Korean family is a moral unit on the one hand, and a controlling unit on the other. The parent's authority over their children is not a life or death matter in any sense of the word as some observers might suspect. The doctrine of filial piety, for example, has never been an instrument of parental 260 tyranny. The father considers the individual status of the other family members and their collective interests. As mentioned in the foregoing chapters, it is not hatred that commanded the young, rather, the love and affection that is inherent in the minds of the parents ultimately leci them to instruct the child rigidly. Children respect and follow the teaching of the parents, not because of any punishment that controls their behavior, but rather, because they recognize the fact that the experiences of the parents and their wis— dom bring them mutual benefits in the long run. In other words, family relationships are reciprocal; whethéggthe relations are between husband and wife, be- tween parents and children, or between elder and young- er brothers. If we are to agree on these points mentioned above, then the family is the unit which produces useful citi- zens. Since all family members cooperate with each oth- er and work toward a common goal -- family glory, family solidarity and family continuity -- the family not only preserves and transmits its own family tradition but also transmits national heritage and culture as well. 261 One of the unique features of the Korean family sys- tem is the division of labor among members. The father is responsible for providing material needs for his family. The mother renders whatever service is neces- sary for the comfort of the entire family. After the sons' marriage, the sons and their wives work at as- signed duties. Whatever earnings the sons and their wives bring, the money will be added to the family in- come. Young or old, male or female, every member works for the mutual benefit of the whole family, not for any individual's fiEEEL/J Accumulated family savings are expended according to family needs. Should anyone become maimed or other- wise permanently helpless, every member helps support him. If any family member is called upon by the gov- ernment to serve his nation, everything possible is done to render the aid necessary. Should a son happen to be selected for any higher learning institute, finan— cial aid is provided to encourage learning for the sake of his future, his family, and his nation. If, for some reason, any one member of the family receives aid from outsiders, i.e., maternal relatives, 262 wife's family, etc., it is regarded as a ”disgrace to the ancestors," thus every member cooperates to prevent such happenings. At the family level, care of the aged is well taken care of, and much energy is expended to provide both physical and psychological needs. As a result, the family rarely becomes a public responsibil— ,ity. On the other hand, because of mutual dependency and the sense of dependability/fin addition to material comfort, the family system gives greater psychological stability to the individual. This situation results in a very low rate of mental illnessA Despite these meritorious features of the Korean family system, there are still some traditional traits to be found. The family system which we have heretofore examined is so complicated and naturally clumsy that un- avoidable defects exist; this complexity is often the source of unnecessary confusion. Without removal of certain defects from the family, the modernization of Korea within a short span of time is perhaps a difficult task. The structure and functioning of the Korean family is a result of, and perhaps best suited to, an agrarian 263 environment. Social conditions have changed markedly since the ending of the WOrld War II. Current views on the universe and human nature have changed and are still in process of changing at an ever accelerated rate. Some three decades ago, it was surmised that ". . the Indian studies nature in order to be able to es~ cape it, the west investiaged nature in order to control it, while the Chinese studies nature in order to adapt themselves to her ways."ll Even a creature with man's inventiveness does not have the choice of accepting or not accepting the new and modifying his way of life. He must either control or adopt the new or be over- whelmed by it. He cannot, in an age of rapid cultural change, stand idly by and ignore the new; he must adapt to it or be lost. One observer describes the contemporary overall condition of the Korean people in the following manner:12 We Koreans have been called "the moralistic, peace— loving people of the Orient" of which we are quite l . . . . LerS Hodous, Folkways in China (Hartford Seminary Foundation, Hartford, Connecticut, 1929). P. 1. 2 Jang Hyun Lee, "Modern Technology and Korean Problems," The Korean Builder, 3d issue, February, 1958, p. 8. 264 proud. But what does it really mean? Let us think it over. I believe it means two, and only two things. In the first place, an unique spiritual quality of Korean people is clearly noticeable in their inner fidelity to peace and meditation. That is why we have been often called "peace-loving peo- ple." This salient quality of the Korean spirit must intelligibly be translated with new stress, vision and prophecy into current national and international situation in order to fulfill the historical mission of Korean people -- peace. In the second place, it means that we are seriously lacking in the spirit of change or adventure; that is, the absence of posi- tive resolution to discard the habitual thoughts and behaviors and those cultural values which might be tained with antiquity or regionality. This is per- haps the primary reason why Korean culture has been beset with backward, conservative, static sentiment which precludes the rapid westernization of Korean life. Korea is still classified as an agrarian backward society compared to the west. However, current emphasis on "science" and "technology” which aims at "moderniza- tion of Korea, is indeed significant. The government's five-year modernization plan is in effect; more and more students, scholars, scientists and government officials are being sent to foreign countries to acquire the latest advanced features in order to adopt new elements into the Korean environment. Yet, it is apparent that, in spite of all these ef- forts, there are still some elements, particularly within 265 the family, which often block social progress in general. The most serious defect which is unjustifiable in a mod— ern progressive society is "waste of time and individual talent." An efficient ultilization of time and individ- ual talent is indispensable in achieving total social development, particularly in modern times. Waste of time and individual talent is largely due to the complex, clumsy structure and function of the Ko- rean family, viewed from the standpoint of functional efficiency. First, the family structure is so bulky and complex that the entire family often discourages any one family member from undertaking adventurous enterprise. Every- one is mutually dependent. From the time of one's birth to his death, he is confined within the family and vil- lage community. Because of the social values of "fam- ily continuity and family solidarity," both young and old are physically tied to the family, the result of which is to virtually discourage individual initiative. Since family property is transmitted from remote ancestors, and this family property is held in common by 266 all family members, no one person really attempts to take the risk of disposing of all or part of it. An ambitious member, with the cooperation of the entire family, may dispose of some of the property to under- take a new enterprise and the profit would be enjoyed by all, but his failure will likewise bring tragedy to the entire family. As a result, great industrial development was practically unknown in Korean society until the Japanese occupation, beginning in 1910. /S;condly, consideration should be given to the /\ role of Confucian teachings and its implications. Characteristically, because too great an emphasis is_ placed upon human relations, individuals are hardly able to asquire personal distinctiveness.(FEvery one behaves identically according to age, sex and status. The criterion of individual success is not dependent ( on income nor on individual creativeness, but largely ‘ depends on his relations to others, i.e., the parents,' the brothers, the sisters, the relatives, the friends and other social members. As long as the individual is kind to everyone, he is regarded as a man of virtue and a moralist. 267 In order to accomplish filial piety, one must stay with the parents and support them:f Even after the death of parents, a three-year mourning is required together with extended care of graveyards. Minds are always preoccupied by human relations, proper manner, formality and various ceremoniestl If some energetic man dares to undertake a new adventure, no matter what the end result, he is looked down upon as a "dangerous" subservice man. All social forces, in effect, dis- courage individual initiative and creativeness. It does not necessarily mean that every Confucian teaching is wrong. But rather, too rigid domestication and discouragement of the individual at the price of age, sex and status requirements is not a healthy prac- tice in terms of family and broad social progress. Nothing is better than human happiness and mutual under- standing. Yet it is apparent that too great an empha- sis on this one aspect virtually made Korea sterile of any great crusaders. Encouragement of individual ini- tiative and creative hinking equipped with a sense of humanity, and the ability to adapt to the ever-changing social conditions will be necessary to improve the social conditon of KoreELJ 268 Thirdly, too extravagant ceremonies should be avoided. Under the traditional family system, a three- year mourning period is required. What is worse, sons, daughters, and other relatives, upon the death of one "superior," are virtually required to go through a series of ceremonies connected with the funeral and perform periodic rites during the next three years. Although it is granted that religion has an important "integrative function for groups [the family] and for individual personalities,"l3 the demand for a three— year mourning period and its effect on society should not be overlooked. The marriage ceremony is another area to be re- examined. As indicated in the previous chapters, mar- riage procedures are indeed complicated and expensive. 3 . . . William A. Lessa and Evon Z. Vogt, Reader in Com- parative Religion: An Anthrppological Approach (Row, Peterson and Co., Evanston, Illinois, 1958), P. 1. 14 For example, King Saejong (1419—1450) warned his subjects time after time not to arrange such ostenta- tious wedding ceremonies. Chosen Sotokufu, Chusuin, Richo Fuzoku Kankei Shiryo Satsuyo [Yi Dynasty's Custom Collections], in Japanese (Keijo [present Seoul], Korea, 1939). pp. 99 and 118-9. 269 An old proverb read: "If a man has three daughters, his fortune is doomed." Personal invitations are sent to the relatives, friends and neighbors and the wedding party lasts at least three days and nights. The time and money needed for a wedding ceremony is so great that, in most cases, money must be borrowed in order to "save face." Thus, if parents have three or four sons and daughters, one must have a fortune to sponsor these cere— monies. Because of the over-emphasis on the wedding cere- mony, although it is an important part of the family function, the family fortune is drained and consequent— ly the children's education and other areas of family improvement are minimized. All the formalities, virtuous "face-saving" poli- cies and other impractical aspects of family practice should be studied both intensively and extensively. For the sake of social progress, the marriage ceremony should be simple and performed reasonably. An extrav- agant wedding does not guarantee happiness. Dr. Liu, in reviewing the Confucian doctrine of human morality, etiquette, ceremony, and other teachings pertaining to 270 the family as it relates to society, makes the follow- . 15 ing remarks: Times have changed, and so has the basic structure of Chinese society, especially the family system, on which the K'ung (Confucius) doctrine is based. Moreover, the gap between the Ch'in and Han and the subsequent ages was not so wide as that between the Manchu monarchy and the young China of 1954; nor were the changes then as radical and thoroughgoing as they are now. But, most important of all, there is today a phenomenal transformation in Chinese mentality that is revolutionary in both its scope and intensity. Whereas the Han people readily re— turned to Master K'ung's kindly concepts of eti- quette and morality in their reaction against the tyranny of Ch'in, the Chinese people of these mod- ern times, who have been newly liberated from the fetters of tradition and, furthermore, baptized in the liberal ideas of the west, would never willingly go back to any enslaving orthodoxy of the past, not even an enlightened K'ung dogma stripped of its un- desirable elements. No longer isolated and self— contained, China will look audaciously ahead into the future, instead of returning to the past. The past, of course, will be studied, examined, and even treasured, but not to be upheld as an unerring criterion for all future efforts. Chances indeed are slight of the revival of the K'ung doctrine as a dominant influence on Chinese life. The basic tenet of marriage and family -— to per- petuate the family forever -- has sustained two undesi— rable elements in modern Korea. The first is early 5 . . . . . 1 Liu wu-chi, A Short Hiptory of ConfuCian Philosophy (Penguin Books, Inc., Baltimore, Md., 1955), pp. 191-2. 271 marriage and the second is the "baby boom." Although the current legislation raises t e'marriage age of males to 18 or over, and females 16 or over, it is as- sumed that marriage is taking place much earlier than the age stated above, particularly in the rural vil- lages.l6 Early marriage means early childrepj Both the young father and the mother are restricted by the family and attention is focused on child rearing. Otherwise, the younger generation might seek better opportunities by attending school, pursuing better oc- cupations, and improving themselves in the society. The socially inexperienced young father and mother can- not earn enough to support even themselves and their own children. Consequently they must be dependent upon their father and their grandfather for support. Because of early marriages, education is seriously interrrupted. Lack of education not only causes the 6Viewed from a legal standpoint, the current mar— riage age for male, 18 or over, and female, 16 or over as legal marriage age, there is no way to enforce it, nor may punishment be imposed because there is no single article prescribed in the Criminal Law. Unlike common law, no one is subject to punishment when no provision is prescribed in the law book, called Yukbop Chunso, or A Complete Collection of Six Laws. Likewise, a “mar- ried couple" is not recognized by the government as legally married if either is under the prescribed minimal age. 272 individual to be inefficient economically, but he is also most likely to be a poor family planner, let alone practice birth control. The increasing size of the family, together with the lack of education, less income and poor planning, causes the young parents' burden in administering the family to become more and more complex. As a result, there is no time to obtain new revenue to facilitate advancement. In short, early marriage and lack of education is perhaps one of the detrimental elements which hampers gradual social betterment. ETaditionally, education has been de-emphasized, particularly the education of women and second, third and fourth sonspif Attention is focused upon the sub- jects of philosophy and literature such as The Thousppd Chagacter Classic, The Confucian Analepppj The Great Tparning, The Doctrine of the Mean, and the works of Mencius. Examples of other classics are the Poetical Classic, The Book of History, The Book of Changes and l7Young Ha Choo, The Education in the Yi Dynasty (Soodo Women's Teachers‘ College Publication, Seoul, Korea, 1961). P. 127. 273 The Spring and Autumn Annals, etc. Practically no education is offered in the natural sciences. What is worse, the entire education is centered around the memorization of the Chinese characters with imperfect understanding of their meanings. It is often said that even if one devotes his lifetime to master- ing Chinese characters and their meaning, it is diffi- cult to comprehend them all. In short, because of the emphasis on literature and philosophy with a corres- ponding de-emphasis in the areas of science, industrial development is further hampered. In spite of the current stress upon and encourage- ment in the field of natural science, there is still a preponderance of liberal arts majors in the Korean student body, particularly in the college circles of Korea18 and the United States.19 The family's attitude has been, and to a certain degree continues to be, a 18Ministry of Education, Kyoyuk Kikwan Tongke (Sta- tistics of the Educational Institutions], in Korean, (Seoul, Korea, 1954), pp. 353-480. 19The New Koreana, December, 1957, p. l. 274 major factor in forcing a young man to choose his major subject, instead of choosing on the basis of individ- ual and social interest. Educational choice and its re- lationship to the family and society should be studied further in order to maximize individual talent. Lastly, the system of chokbo or family registry should be considered. The existence of chokbo was im- portant when the government's administrative functions did not include recording all matters pertaining to the clan, family and individual. Present Korea is different from the Yi dynasty, structurally and functionally. Since 1910, along with government improvement and effi- cient utilization of communications and recording sys- tems, most of the government offices, both municipal and local, are equipped with up-to-date recording facilities. In spite of all the governmental facilities which provide official and accurate records of individual sta— tus, property, and other legal aspects of family records, clan groups still get together annually to study and re- vise the chokbo. The chokbo has been, according to Dr. Kim, "not only a huge demand on labor, hours and money 275 necessary to print it, but is also undependable due largely to the inaccuracy in recording all clan mem- bers from remote ancestry to the present generations." The existence of chokbo not only duplicates offi- cial documents, and also drains valuable social capi— tal, but in addition require time and effort for revi— sion. For practical purposes, it does not serve any constructive functions other than to identify ances— tors, to distinguish social class or prestige, and to serve as a historical record. The point that is em- phasized here is that as long as the chokbo remains intact with the family or clan, the effective forma- tion of democratic society is rather difficult. The chokbo is the source of class distinction and therefore, the practice of discrimination will linger on. Furthermore, because no one is permitted to marry amongst those persons whose name appears in the chokbo, mar- riages are usually arranged between clans of equal 20 . . Doo Hyun Kim, Chpsun Kajok Jaedo Yonggu [Study of the Korean Family], in Korean (Ulyoo Munhwa-3a, Seoul, Korea, 1949), p. 89. 276 standing. Consequently, the bride and groom are selected from limited clan groups. As a result, a majority of the people must be con— tent with a few selected clan groups for marriage and therefore, blood ties are always confined to a certain group only, which is not in the best interest of eugen- ics. Such a practice is quite unfavorable under the rapidly changing social atmosphere. Both the male and female should select their mates from the widest range possible according to their desire and ambition. Al- though increasing emphasis is being placed upon indi- vidual slection of partners, and couples are able to get married, by law, with or without the parents con- sent, sons and daughters are still under the influence of traditional concepts and practice, for which the chokbo is largely responsible. It is the writer's contention that as long as the chokbo exists to sustain traditional concepts and practices, i.e., class dis- tinction, democratization of Korea is rather difficult. Rigid examination of the chokbo and its implications should be studied in order to formulate a better social policy for the future. 277 In light of the review of the total scope of this study, though some traditional traits are still retained, there are numbers of good features which are worthy of further development. It was the opinion of the legisla— ture, at the time of legislation with regard to the Civil Law, that some modification in the family system was necessary in order to improve and/or adjust to, contemporary social conditions. Some radical advocators, however, condemn the present social system and would destroy the entire traditional family system by replac- ing it with the new western model of a conjugal or small family. Radical and unplanned social policy is always the cause of social unstability. Thoughts, habits and cus- toms cannot change overnight. The transformation of a basic social institution, the family, is fraught with dangerous elements. Never before has there been a greater awareness of the needs for a concise under- standing of the family, its structure, its function, and its impact within the broader social context. The ques- tion as to how the Korean family system can be adequate- 1y adjusted to currently changing social conditions in Korea is another subject for study. 278 However, it is manifest in tradition that good traits should be honored and treasured as a part of our national long retained heritage, and the seemingly un— worthy elements be modified or rejected if obsolete. Just how well Koreans can adjust themselves and recon- struct the basic social institutions to meet the ever challenging internal as well as external forces of time lies in the hands of Koreans. Indeed, it is the Ko- reans' own ability, knowledge, skill and above all cooperative spirit which will\chart the course and mold the future society of Korea. c 279 BIBLIOGRAPHY Eastern Language Aoki, YOshito. 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THE SEASONAL DAYS OF THE LUNAR CALENDAR* g a Celestial Approximate 0‘; 5 Days of season latitude dayby solar Meaning of the day (3 2 ofthe sun calendar of season lst Ipchun 311% 3150 .Feb. 3 First day of spring Usu @111 330° Feb. 18 Rain begins 2:0 2nd Kyongchip fifl 345° Mar. 5 Hibernation ends a Chunbun 3% 0° Mar. 20 Mid-spring W 3rd Chongmyong %3§ 15° Apr. 4 Sky clears Kogu 30° Apr. 20 Rain falls, grains girow 4th Ipha Ill 45° May 5 First day of summer Soman )Jfi 60° May 20 Summer grains begin 1.. to ripen of: 5th Mangjong % 75° June 5 Barley harvested, 5 rice seedlings planted m 6th Haji 22 90° June 21 Mid—summer Soso )J\§ 105° June 6 Weather becomes hotter Taeso 1 120° July 22 Hotter weather 7th Ipchu nix 135° Aug. 7 First day of autumn Choso 23% 1500 Aug. 22 Hot weather ends G E 8th Paengno 13,-7% 165° Sept. 7 Dew falls .3 Chubun 412% 180° Sept. 22 Mid-autumn < 9th Hanno g%- 1950 Oct. 7 Cold dew falls Sanghang %# 210° Oct. 23 Frost begins to fall 10th Iptong fl?) 225° Nov. 7 First day of winter 50301 mi: 240° Nov. 22 Snow begins to 1211 [1} 11th Taesol W 225° Dec. 6 Heavy snow ,5 Tongji 255.: 270° Dec. 21 Mid-winter 3 12th Sohan 21% 285° Jan 5 Colder weather begins Taehan 3% 300° Jan. 20 Colder weather * For an explanation of the above chart, see following page. 300 THE LUNAR CALENDAR The Korean government has adopted the western calendar, but the people still follow the old style ac- cording to which the year begins with the first new moon after the sun has left the sign of Capricorn. This brings the first day of the year between let January and 19th February. There are twelve months in the year, being designated as the first, second, etc. Each month begins with the new moon and the fifteenth day of the month cor— responds to the full moon. The months have twenty-nine and thirty days. Inasmuch as the lunar year is shorter than the solar year, the days which gradually accumulate are put into an intercalary month which is announced be— forehand in the almanac. The first three months are spring, the second three summer, the third autumn, and the fourth winter. The vernal equinox occurs in the second month of spring and the autumnal equinox in the second month of autumn. The solstices come in the second month of summer and winter. The first day of the year is regarded not only as the beginning of the year, but as the root out of which the day, the month, and the year and the events of the future grow. ILLUSTRIOUS DEEDS TOWARD THEIR PARENTS* APPENDIX II . Cut 2 Cut 1 301 ‘\\\\ — akin. Section 3 of this thesis. W ,.I ufl!%t«§t«i+wtw fitugi my: emsknfixfinmgg 22%;?“ 1124414 gas sssuzm w «wuss «mama: nexnnhfi a 2&6 *4 was“ .532 Mfuméutgfifiiiflssmijg—Z _‘I ,r anMutrrsmrt awwkwiggmdn 2222mm?“ rag-I227”; 7: spa} Wilma-5 '3‘ It HKaI Kirmrrzawmiawrudattiwmtfim “3*Fq‘fiflm- .1 e M'ZJ’ jumquwm Ma, M? azmzfimtmu372nqwaz13w.m uhfiflM: wthWthT nxewnvwg:m Em u ‘7'] 3"; 7“ -7 ml v "2253 stuns-v usauuuummu it Wai hmwwwawt-xmmwu a¢1.u+.sicu§uas-trrru1Ifidftwsrutu- g fi+tkwiefiflkfi°txfigi°<§NWFT Tflflttflufirflflfl13%drrofl armt U H§fiL ru'wrnzrt Mr_____ ' Mdflflwwsiwtm—rKEM-frstummr ' ' _____ A] 1_wF1rmmurtwwerr— quturrrfi -—‘—‘ W" _7 ‘fl‘nhTFTE'S'TutX‘iflri-‘Fflr‘rflfiw’— 4' - __ g ___ fibt‘ofl‘éUWT-I'E'wefm‘rfl‘nb’b‘mfl mun-1- _;;————‘ _ ,__p A. u “fifwfikzr#_ __ 221* _ --2_— —e———~ |__* — I __ 2- ___] ‘1 1-1--- _ _ M .U s; U. wq (H