16, 17세기 노양처병산법(奴良妻幷産法)과 노비소송 = Laws regarding the social status of offsprings born from a humble-ordinary marriage(奴良妻幷産法) during the 16th and 17th centuries, and the Nobi figure lawsuits

다국어 초록 (Multilingual Abstract)

During the 16th and 17th century, the law that dictated the social status of an offspring born from a humble-ordinary marriage to be determined by the social class occupied by the father of the offspring(奴良妻幷産 從父法), was generating many causes for lawsuits involving Nobi workers. Over issues such as the social status of those kind of offsprings or the issue of ownership regarding those individual offsprings, the owners of Nobi figures and the Nobi worker themselves, severely clashed and collided with each other.
At the time, Nobi Owners actually encouraged the Nobi figures they owned to marry ordinary class females. They even had females from humble origins registered as entities occupying ordinary statuses, and arranged marriages between them and the Nobi figures they owned, and then claimed the offsprings born out of those marriages as entities under their ownership. In the meantime, the females occupying ordinary status often chose to forfeit their social status and claimed themselves as humble Nobi figures, and then surrendered to other households(他家) or recipients as public servants(公賤). Governmental offices or offices working for the royal family such as Naesu-sa or Seonggyun-gwan became refugees for such willfully surrendering figures.
The conflicts and clashes that continued between the Nobi owners and Nobi figures burst out in the form of legal lawsuits. And there were certain characteristics to be noted as well. Owners of the Nobi figures claimed that the spouses of the Nobi figures they owned were from ordinary origin, yet the Nobi figures refused to admit their social status as ordinary figures and instead argued that they were in fact Nobi figures. We can see here that the intentions of the Nobi owners, who wished to claim the ownership over the offsprings born out of ordinary-humble couples by observing the so-called ‘Determining the status of the child by the status of the father(從父)’ rule, and the intentions of the Nobi figures, who wished to escape the status of a private Nobi(私奴婢) in order to better their working condition(身役) and living situations, were clashing with each other.

목차 (Table of Contents)

• 머리말
• 1. 16, 17세기 노양처병산법과 노-주 대립
• 2. 노비소송을 통해 본 노양처병산법
• 맺음말
• 〈Abstract〉