韓·中 訟事文學의 比較硏究 = (A)comparative study on the Korean and Chinese lawsuit literatures

다국어 초록 (Multilingual Abstract)

This study compared the homogeneity and heterogeneity of the Korean and Chvinese lawsuit literatures. In the study, the relationship of formation of lawsuit literatures in two countries was reviewed first, to see if they had a common background. Then the heroes' characters, the stories' development, and the works' theme were compared to clarify the relationships of the works of the two countries. The writer, further, analyzed the significance of such a comparative study in this subject and suggested that the in-depth study should be done to more works possible. The details of the study is as follows.
In Chapter 2, the basic social, literature and legislative backgrounds of lawsuit novels in these two countries were reviewed, and then the relationship of formation of these novels were investigated. It is found that the Korean lawsuit novels were greatly affected by Chinese works. However, the Korean works headed for its own specific characters which differentiated with those of the Chinese works, and these works reflected a variety of Korean social issues very well. For example, the novel <The tale of Yangban (noblemen) -양반전> told a story of buying and selling the status of noblemen, satirically showing the clapping images of strict social class system in the late Joseon dynasty.
The lawsuit literatures were introduced from the Song dynasty of China to the Goryo dynasty of Korea. At that time, culture exchanges were quite active between China and Korea. There were lots of ambassadors visited each other. Park Yin-Lian, for example, visited Song in A.D. 1071 and 1080. From the poems Park exchanged with Song's literary man Zhang Zhong, it is easy to see that Park understood exactly the poems in <Extensive Records of the Era Taiping(太平廣記)〉 and excerpted these poems quite fluently. From which, it is not difficult to infer that <Extensive Records of the Era Taiping(太平廣記)〉 might had been introduced to Korea long before A.D. 1080.
In Chapter 3, the correlation of the two countries' lawsuit literary works was studied via the hero, the work's structure, the case's development and solution, and the theme. In most of the works of both countries, the judges were always smart, superior, and intelligent. In most works, there were only the description of solution and the process of finding out the criminals, but no description on the final decree. A king or an emperor was involved in cases and took the role of a judge. Such cases were more frequent in Chinese works. In most stories, the judges were local officials except Park mun-su(朴文秀) in Korea and Bao Gong(包公) in China. In Korean cases, the judges gave the judgemental decisions, but the texts were very simple, and the court processes were simply described either. In Chinese works, on the other hand, such as cases in《three words(三言)》and 《two beat(二拍)》, the final decisions were documented in great detail. In both countries, there were lots of characters of women such as filial wives, wicked women, filial girls, and virtuous girls, whose revenge means were much more severe in Chinese women than in Korean women.
In most tales of lawsuit, most judges were voluntarily and actively involved in the cases, and treated the cases quickly and precisely. In case of Korea, the corrupt or incompetent judges were well described; while, in Chinese cases, activities of honest and fair judges are more highlighted. It indicates that the Korea's works deal with the motives of judges more realistically, while, in Chinese works, positive stance and achievement were emphasized. So, we could say that the Korean works were more closely related with actual social issues.
In lawsuit literature, the Confucian moral philosophy can be experienced more clearly in Korean works rather than Chinese ones. In novels, most stories were related to family conflicts and focused on the dominance power and property rights problems, and the conflict styles were different with the different subjects.
The structure of these works were different in tales and novels. In most tales, the judges were heroes. But novels, such as in《three words(三言)》and 《two beat(二拍)》, were in story book style and were quite different with the Korean novels. They undergo a process of opening poem - starting debate - introduction(similar stories or different stories with body) - body(development of the story) - conclusion(judgement) - closing poem. Some poems were inserted in proper place or time of the stories. At the phase of starting debate, the author would give his own comment on the later stories. But in Korean novels, there was no such a structure.
In both sides, novels were mostly related to the subjects of encouraging kindness while punishing evil. Such educational subjects were more clearly expressed in Korean novels. It shows that the Confucian moral philosophy was more heavily emphasized in Korea than in China.
Chapter 4 revealed the significance of the comparison of the Korean and Chinese lawsuit lituratures. The writer found that, in order to clarify the distinctive feature of the Korean ones, the comparison is an indispensable methodology. Through such comparison studies, we can infer the homogeneity and heterogeneity of each kind's lawsuit works and the source or reason of such differences.
In the future, if we keep seeking the links between two countries' lawsuit works, we could be more confident on the close relationships. And it will be a great contribution to the understanding of Korean descriptive literature in the context of that of East Asia.

목차 (Table of Contents)

• Ⅰ. 서론 1
• 1. 기존 연구와 문제 제기............ 1
• 2. 연구 방법과 논의 범위 ........... 8
• Ⅱ. 形成背景의 상관 관계............ 13
• 1. 법제적 토대.......... .............. 13
• 1.1. 한국의 법제적 토대 .......... 13
• 1.2. 중국의 법제적 토대 .......... 17
• 1.3. 법제적 토대의 韓·中 상관 관계............. 22
• 2. 사회적 토대 ......... 24
• 2.1. 한국의 사회적 토대 ............ 24
• 2.2. 중국의 사회적 토대 ............ 30
• 2.3. 사회적 토대의 韓·中 상관 관계 ............. 33
• 3. 문학적 토대 ......... 36
• 3.1. 한국의 문학적 토대 ........... 36
• 3.2. 중국의 문학적 토대 ........... 49
• 3.3. 문학적 토대의 韓·中 상관 관계 ............. 54
• 4. 中國 訟事文學의 한국 傳來 ..... ............... 59
• 4.1. 중국에서의 訟事文學 發刊.... .............. 59
• 4.2. 中國 訟事文學의 한국 傳來... ................71
• 4.3. 중국 訟事文學의 한국적 수용................ 81
• Ⅲ. 作品구조의 상관 관계 ..........92
• 1. 人物의 性格 창조.................. 92
• 1.1. 人物의 유형 ..... ............. 92
• 1.1.1. 判官 形象의 상관 관계 ... ............. 92
• 1.1.2. 女性形象의 상관 관계 .... .............. 103
• 1.2. 人物의 動機 ...................... 114
• 1.3. 人物의 갈등 ...... ............... 127
• 2. 사건 전개 ............. 133
• 2.1. 作品의 구조유형 ................ 133
• 2.2. 사건 발생의 요인 ............... 141
• 2.3. 사건 해결의 과정 ............... 148
• 3. 작품의 주제 형성 ................... 156
• 3.1. 勸善懲惡의 교화적 주제 ...... 156
• 3.2. 德治主義의 선양적 주제 ...... 161
• Ⅳ. 韓·中 訟事文學 比較의 의의 ..... 165
• Ⅴ. 결론 ................... 168
• ※참고문헌 ............... 173
• ※영문초록 ............... 185