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자료유형
학술저널
저자정보
저널정보
부산경남사학회 역사와경계 역사와경계 제59집
발행연도
2006.6
수록면
109 - 141 (33page)

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This article focuses upon 16 century's Gi-Sang paddies deeply related to property right of servant based on ancient documents and living diaries which a upper class family of Josoen-Dynasty in Gyeong-buk province has been having. This study has been good for understanding the status of servant and its economic character at that time. According to recent studies, ‘The Gi-Sang' or ‘The Gi-Sang paddy' had rarely existed before sixteenth century. But it has been noticed as remarkable phenomenon that the Gi-Sang paddy' increased after seventeenth century. But this thesis insists that during sixteenth century the landowners were eager to receive land rent(the Gi-Sang) and that was the most important means of property increasing.
Like other classes, the servants not only were allowed to possess assets but also could hand over all their property to their descendants. According to chronicles or other ancient documents, there were men who were servants with incredible wealth in early period of Joseon and on the base of it they freed themselves from the status through lawful or unlawful means. The Joseon Dynasty had established the law about servant's property right and had protected servant's property from the master in some degree.
But contrary to law in Joseon this essay argue, based on analysing of research materials, that the servant's property right was much restricted in reality. Especially “Muk-Jae diary” displayed plentiful cases which were conflicts between servant and his master about servant's property. It was widespread currency that the master forced his servants to yield their property. As a result of it the conflict between the servants and their masters about servant's property frequently happened. However when the conflict happened it seems that the servants yielded some or all of their property to their masters. Sometime the troubles led to lawsuits but the masters always winned the lawsuits. It was the reason that the patrician often dealt with the problem in position of master.
As previously stated, Gi-Sang paddy had much trouble as compared with general paddy from then on. Thus the masters showed collaborating to Gi-Sang paddy contrary to general paddy. First Gi-Sang paddy could became scheme of government office in spite of complicated procedure. And the masters usually sold Gi-Sang paddy quickly as soon as possible. This phenomenon was remarkable if the landowners took off the Gi-Sang paddy with illegal means. That was deeply related to specific character of the Gi-Sang paddy.
In conclusion servant's property right was unstable in sixteen century because the masters continuously exploited it. Therefore it was impossible that the servants won their economic independent
through property accumulation and freed from subordinate position.

목차

Ⅰ. 머리말
Ⅱ. 奴婢의 재산소유와 관련 법규
Ⅲ. 記上田畓의 사례와 성격
Ⅳ. 맺음말
【Abstract】

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