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Changes in Divorce Law in East Asia during the Modern Transition: Comparing Divorce Law Reforms in Japan, China, and Colonial Korea
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근대 전환기 동아시아에서 이혼법의 변화 - 한중일 비교

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Type
Academic journal
Author
So, Hyunsoog (역사문제연구소)
Journal
The Ho-Suh Historical Association HISTORY AND DISCOURSE(Journal of Historycal Review) Vol.94 KCI Accredited Journals
Published
2020.4
Pages
117 - 154 (38page)

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Changes in Divorce Law in East Asia during the Modern Transition: Comparing Divorce Law Reforms in Japan, China, and Colonial Korea
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This paper compares the cases of Japanese, Chinese, and colonial Korean divorce law during the East Asian modern transition period. In the East Asia of the early modern period, divorce meant that a husband abandoned his wife and could force a divorce even if she did not agree. On the other hand, it was difficult for women to file a divorce. This divorce practice changed with the introduction of modern divorce law in the late 19th and early 20th centuries. The elites of these three countries, who sought to modernize their nations to stave off the threat of imperialist invasion, conducted family reform and criticized Confucian norms. As a result, forced marriage was criticized, and the freedom to love, marry, and divorce were advocated. Japan was the first country to adopt modern divorce law of the three. After a series of legislative activities, the government of Japan enacted a civil law in 1898 that legally granted women the right to divorce. Japanese divorce law, however, was conservative and sexist, recognizing adultery committed by the only wife as the reason for divorce. In China, divorce legislation was enacted that defended women"s rights during strife between the Nationalist and Communist parties. In particular, the 1931 Ordinance of the Marriage of the Soviet Republic of China not only contained the most radical content emphasizing the will of the parties in divorce, but it also actively defended women"s rights by inserting protection provisions for divorced women. In colonial Korea, divorce law was applied via Japanese civil law, but the same legal provision was interpreted more conservatively in the colony than in Japan. The civilization gap between Japan and colonial Korea that was created by the terms “the standards of the people”(mindo) and “custom” justified this conservative and sexist interpretation of the law. In short, by comparing the divorce laws of these three countries, we can understand the level of conservatism of Japanese modernity, which tried to imitate Western modernity. Japan attempted to maintain the norms of the Japanese family and limited modern changes in colonial Korea, which experienced discrimination.
#이혼 #동아시아 근대 #여성의 권리 #근대법 #일본민법 #중화소비에트공화국혼인조례 #조선민사령 #divorce #divorce law #East Asian modernity #womens rights #modern law

Contents

｢국문 초록｣
Ⅰ. 머리말
Ⅱ. 근세 동아시아에서의 이혼
Ⅲ. 가족개혁론과 ‘자유이혼’의 대두
Ⅳ. 동아시아에서 이혼법의 근대적 전환
Ⅴ. 이혼법과 여성의 권리
Ⅵ. 맺음말
〈참고문헌〉
〈Abstract〉

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UCI(KEPA) : I410-ECN-0101-2020-911-000587266