고려시기 여성의 지위 - 당.송.원과의 비교를 통하여 - = The Female Status of Goryeo through Comparison with that of Tang, Song, and Won Dynasty

다국어 초록 (Multilingual Abstract)

This study reported the social status of females in Goryeo, Korean dynasty through weighing a female law in Goryeo against that of in Tang, Won, Song.
First, the female birth in Goryeo was a lot different with in China. Its data during Goryeo dynasty is rare. On the other hand, in China, there had been a negative point of view to the female childbirth from ancient times which led to girl drowning. The reason of this tragedy was because of the enormous marriage cost, so that the initiative for a prohibition of grand weddings in Won was originated from that time.
We still don’t know about the origin of the wedding process restriction during Goryeo dynasty, however, we are sure that it was affected from the negative mood on grand weddings during Won dynasty. So to speak, the life of lower class people was miserable. Therefore, the record on the criticism of grand weddings was observed in Goryeo history that became later the reason of wedding restriction.
Second, the female property inheritance could be matter which was quite different with in Tang, Won, Song dynasty. the female property inheritance was very restricted during Tang and Song period. When it came to the Southern Song period, the new condition begun to emerge. We notice that the female succession of the property was a bit allowed to appear in Chungmungjip that continued to Won dynasty.
Bearing this fact in mind, the female property inheritance seemed to be affected from Won and the Southern Song dynasty rather than Tang and Song. However, it wasn’t directly affected from China. Because of the inheritance by equal distribution during Goryeo, which had hadn’t seen in China. Therefore, We can term that Goryeo was much more not patriarchal than China society. This fact was applicable when people divorced.
Lastly, the female remarriage. During Tang and Song dynasty, it wasn’t oppressed in terms of crime, however, the parents had a daughter who didn’t want to remarry remarried, they would be punished. Namely, The government had a negative thought on remarriage. Contrary, during the Southern Song period, new mood on remarriage appeared. As we studied about the female laws in Chungmungjip and Won history, divorce and remarriage were common. Needless to say, these were conducted under the certain rules and laws. The rules and laws were much more flexible, reasonable, and woman-centered than those in Tang and Song dynasty.
This happened same during Goryeo period. The female remarriage was totally allowed, even the woman who remarried taking children. Therefore, Gongyang of late Goryeo period when neo-confucianism appeared, people who were above certain social status could remarry after certain time period. However, the lower class people could remarry with out any restriction this time.

다국어 초록 (Multilingual Abstract)

This study reported the social status of females in Goryeo, Korean dynasty through weighing a female law in Goryeo against that of in Tang, Won, Song.
First, the female birth in Goryeo was a lot different with in China. Its data during Goryeo dynasty is rare. On the other hand, in China, there had been a negative point of view to the female childbirth from ancient times which led to girl drowning. The reason of this tragedy was because of the enormous marriage cost, so that the initiative for a prohibition of grand weddings in Won was originated from that time.
We still don’t know about the origin of the wedding process restriction during Goryeo dynasty, however, we are sure that it was affected from the negative mood on grand weddings during Won dynasty. So to speak, the life of lower class people was miserable. Therefore, the record on the criticism of grand weddings was observed in Goryeo history that became later the reason of wedding restriction.
Second, the female property inheritance could be matter which was quite different with in Tang, Won, Song dynasty. the female property inheritance was very restricted during Tang and Song period. When it came to the Southern Song period, the new condition begun to emerge. We notice that the female succession of the property was a bit allowed to appear in Chungmungjip that continued to Won dynasty.
Bearing this fact in mind, the female property inheritance seemed to be affected from Won and the Southern Song dynasty rather than Tang and Song. However, it wasn’t directly affected from China. Because of the inheritance by equal distribution during Goryeo, which had hadn’t seen in China. Therefore, We can term that Goryeo was much more not patriarchal than China society. This fact was applicable when people divorced.
Lastly, the female remarriage. During Tang and Song dynasty, it wasn’t oppressed in terms of crime, however, the parents had a daughter who didn’t want to remarry remarried, they would be punished. Namely, The government had a negative thought on remarriage. Contrary, during the Southern Song period, new mood on remarriage appeared. As we studied about the female laws in Chungmungjip and Won history, divorce and remarriage were common. Needless to say, these were conducted under the certain rules and laws. The rules and laws were much more flexible, reasonable, and woman-centered than those in Tang and Song dynasty.
This happened same during Goryeo period. The female remarriage was totally allowed, even the woman who remarried taking children. Therefore, Gongyang of late Goryeo period when neo-confucianism appeared, people who were above certain social status could remarry after certain time period. However, the lower class people could remarry with out any restriction this time.

참고문헌 (Reference)

1 曾我部靜雄, "溺女考, In 支那政治習俗論攷" 筑摩書房 1943

2 서양걸, "중국가족제도사" 아카넷 2000

3 하자노프, "유목사회의 구조:역사인류학적 접근" 지식산업사 1990

4 권순형, "원 공주 출신 왕비의 정치권력 연구-충렬왕비 제국대장공주를 중심으로-" 한국사학회 (77) : 33-63, 2005

5 최숙, "여말선초 신흥사대부 개혁론, In 한국사의 구조와 전개-하현강교수정년기념논총" 혜안 2000

6 김성준, "여대 원공주출신 왕비의 정치적 위치에 대하여, In 한국여성문화논총" 이화여자대학교출판부 1958

7 라자노프스키, "몽골의 관습과 법" 한국학술정보 2005

8 박환영, "몽골비사에 보여지는 가족과 친족의 민속학적 연구" 한국몽골학회 (20) : 215-230, 2006

9 이종서, "고려～조선전기 친족관계 ―'족(族)'을 중심으로―" 역사문제연구소 (64) : 261-280, 2003

10 김난옥, "고려후기 여성의 법적 지위 -범죄와 형벌을 중심으로-" 한국고전여성문학회 (19) : 35-63, 2009

11 최숙, "고려혼인법의 개정과 그 의미-근친혼 금제를 중심으로" 국사편찬위원회 33 : 2002

12 최재석, "고려조에 있어서 토지의 자녀균분상속" 35 : 1981

13 권순형, "고려의 혼인제와 여성의 삶" 혜안 2006

14 정용숙, "고려왕실족내혼연구" 새문사 1988

15 정용숙, "고려시대의 후비" 민음사 1992

16 노명호, "고려시대의 토지상속" 6 : 1989

17 문정자, "고려시대의 상속제도" 97 : 2002

18 위은숙, "고려시대 율령의 복원과 정리" 경인문화사 2010

19 노명호, "고려시대 양측적 친족조직에 관한 연구" 서울대학교 1988

20 이종서, "고려시대 가족·친족 연구의 역사와 반성" 한국역사연구회 (66) : 221-250, 2007

21 채웅석, "고려사 형법지 역주" 신서원 2009

22 노명호, "가족제도, In 한국사 15" 국사편찬위원회 1995

23 노명호, "가족과 여성, In 새로운 한국사 길잡이(상)" 지식산업사 2008

24 전영섭, "高麗의 律令制와 唐의 禮法 - ‘禮主刑(法)補’의 繼受에 대한 一試論 -" 부산경남사학회 (70) : 129-158, 2009

25 "高麗墓誌銘集成"

26 "高麗史節要"

27 "高麗史"

28 仁井田陞, "高麗および李氏朝鮮の財産相續法と中國法" 30 : 1964

29 徐柄漢, "韓國法制史 上 女性의 法的 地位의 變遷" 12 : 1983

30 "自治通鑑"

31 金銀坡, "相續形態를 中心으로 본 高麗時代 女子의 地位" 2 : 1978

32 "牧隱集"

33 "宋刑統"

34 鄭麗萍, "宋代男女初婚年齡探析" 華東師範大學古籍所 2010

35 柳田節子, "宋代庶民の女たち" 汲古書院 2003

36 仁井田陞, "宋代家産法における女子の地位, In 中國法制史硏究 家族村落法" 東京大學出版會 1962

37 張邦煒, "宋代婦女再嫁問題初探, In 宋代婚姻家族史論" 人民出版社 2003

38 朴志焄, "宋代 士大夫의 女性觀-家訓書를 中心으로-" 46 : 2002

39 滋賀秀三, "婦女の地位, In 中國家族法の原理" 創文社 1967

40 鄭秉學, "唐律令에 反映된 中國女性의 社會的處遇" 숙명여자대학교 아시아여성연구소 2 : 1963

41 "唐六典"

42 "唐律疏議"

43 大澤正昭, "唐宋時代の家族․婚姻․女性-婦は强く-" 明石書店 2005

44 "名公書判 淸明集"

45 "元史"

46 "元典章"

47 大島立子, "元代家族の分籍について, In 中國の傳統社會と家族" 汲古書院 1993

48 김현라, "【연구논문】 고려 충렬왕비 齊國大長公主의 위상과 역할" 부경역사연구소 (23) : 71-100, 2008

49 이종서, "‘전통적’ 계모관(繼母觀)의 형성과정과 그 의미" 한국역사연구회 (51) : 135-163, 2004