승려의 친족 및 상속에 관한 관습 = Custom of the buddhist priest’s domestic relations and succession

다국어 초록 (Multilingual Abstract)

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

목차 (Table of Contents)

• Ⅰ. 머리말
  Ⅱ. 우리나라에서의 불교
  Ⅲ. 일제의 관습조사와 그 유효성
  Ⅳ. 승려의 친족에 관한 관습
  Ⅴ. 승려의 상속에 관한 관습법
  Ⅵ. 잠정적인 마무리
  《참고문헌》
  영문초록
  

참고문헌 (Reference)

1 "한국의 종교 현황" 문화관광부 2002

2 "한국가족법연구" 서울대출판부 1967

3 "임의규정 관습법과 사실인 관습" 서울대 법학연구소 37 (37): 1996

4 "일제하의 가족정책과 관습법형성과정 서울대 법학연구소" 법학 33 (법학 33): 1992

5 "법원의 의의 및 제정법" 1994

6 "寺刹의 法律關係" 민사실무연구회 12 : 2003