Earticle

초록

영어

This paper was written down to clear up the character of adopting sons that became more common as a way of family succession of the noble after the 17th century. Adopting sons was managed as a systematic level from the foundation of the Joseon Dynasty. In the 17th century, the adoption of sons out of the category prescribed from the nation was permitted. Among sons, adopting the first sons means that qualification of adopted sons was expanded from sons except the first sons to all sons. At first, since the first sons were regarded as men to succeed their original pertinent families, they were excluded from objects of adoption, but the adoption of the first sons was permitted centered on some classes. In family succession of other adopted first sons, there is some aspect that permission or not was differed according to positions of petitioners. The action that grandparents adopted the first grandsons as replacement of their dead first sons infringed two articles of law books; however, compared to the articles, there were not big restraints comparatively. Also, family succession by adoptive parents was turned into the permitted direction after a case of a descendant family of Yoon Geun-soo in the 17th century. For original families and adopted families to agree with the family succession by the adopted first sons was to prevent ending of the family lines. It is apprehended that adoptive parents and biological parents were mostly relation of brothers or cousin brothers. In the position of younger brothers, because performing ancestral rituals including older brothers was considered more importantly than their memorial services after their death, older brothers adopted the first sons from his younger brothers’ families. In the position of older brothers, they not only needed successors to hold ancestor-memorial services including their ritual performances after their death but also preferred people who can conduct the role of helpers from the beginning of adoption. Therefore, among nephews comparatively near adults; namely, they chose the first sons of their younger brothers as their successors. In the position of the nation, it considered importantly prevention of ending family lines. But, as the family succession of the adopted first sons was not allowed in the law, it seems that proper guidelines were needed in accordance with the rule. So, by a special benefit of a king, the family succession of the adopted first sons was approved. But, objects to receive the special benefit were restricted to some classes. The first classes were prescribed to be relatives of the royal family, meritorious retainers who have distinguished contributions to the nation, three highest ministers, and smart and benevolent nobles who do not enter government service. The second classes are families called the lineage of the main families and are pertinent to people who practice worship of ancestors of two generations and more in reality. In conclusion, the reason that the nation enlarged the qualification of adoptive successors which was limited to sons except the first sons until the first sons was to admit privilege of people who were high ranking officials of the nation in the adoption system, at the same time, was to admit importance of family lineage which performs rituals of ancestors of two generations and more. Because the first classes were in almost the same category of eight conditions that criminal privilege can be permitted and punishment was lessened in the early Joseon Dynasty, it is interpreted that their rights were expanded into the system of adopting sons. The second classes were proper to the original purpose that adopting sons was a contrived succession method to serve ancestral rituals. So, it can be said that position of family lineage to hold rites of ancestors of over several generations was admitted.

한국어

본고는 17세기 이후 사족의 가계계승 방법으로 보편화된 입후의 성격을 규명하기 위해 작성되었다. 입후는 법전에 명시 된 내용을 바탕으로 운영되었으나 17세기에는 법전의 내용 외에도 국왕의 특별한 허가에 의해 계후가 허용되었다. 이 중에서 장자의 계후는 계후자의 자격이 지자(支子)에서 장자로 확대된 계후를 가리킨다. 국가에서는 타인의 장자를 계후하는 것을 원칙적으로 반대하였으나 점차 허용하는 방향으로 전개되었다. 이는 조부모 에 의한 장손의 입후가 먼저 허용되고 양부모에 의한 계후는 그보다 비교적 늦게 허용되었다. 생가와 양가 두 가문에서 장자를 계후하기로 합의한 것은 절사(絶祀)를 막기 위한 공통된 목적이 있었기 때문이다. 양부 와 생부는 대체로 형과 동생의 관계에 놓여 있었음이 확인되는데, 동생은 자신의 제사보다 선대의 봉사를 중요하게 여 겼고 형도 입후 시점부터 봉사자로서의 역할을 수행할 수 있는 자를 선호하였다. 장자를 계후하는 것이 법적으로 허용되지 않았으나 국가에서는 이를 제한적으로 허가하였다. 장자를 계후할 수 있는 범 위에 놓인 계층은 첫째, 왕실과 관련된 친인척과 국가에 특별한 공로가 있는 공신(功臣), 상신(相臣), 유현(儒賢) 등이었 고, 둘째, 대종(大宗)이라 불리는 가문으로 2대 이상의 선조를 실질적으로 봉사하는 이들이 해당되었다.

목차

국문초록
 1. 서론
 2.허용 논의
 3. 사례별 특징
 4. 특권적 성격
 5.결론
 참고문헌
 Abstract

키워드

장자 가계계승 특권 계후 입후 대종 family succession the first sons the lineage of the main families eight conditions adopting sons

저자

• 고민정 [ Ko, Min-jung | 강원대학교 사학과 ]

참고문헌

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