'법'과 '혈'의 모순적 이중주: 식민지시기 사생아 제도의 실천 그리고 균열들

Title
'법'과 '혈'의 모순적 이중주: 식민지시기 사생아 제도의 실천 그리고 균열들
Other Titles
Dissonance of ‘Law’ and ‘Blood’: the Practices and the Cracks by the System of Sasaenga(私生兒) in Colonial Korea
Author
홍양희
Keywords
일부일처 법률혼; 사생아; 사생자; 가족법; 부계혈통; 인지소송; 친자소송; monogamous marriage; sasaenga; illegitimate child; family law; paternal line; affiliation proceedings; paternity suits
Issue Date
2014-04
Publisher
역사문제연구소
Citation
역사문제연구, 2014, 31, P.345-375
Abstract
This paper examines the practices and operations of ‘sasaenga’/‘sasaengja’(illegitimate child) system made by the dual principle of ‘monogamous marriage’ and ‘paternal line’ for the construction of family in Colonial Korea. In particular, this research focuses on the contradiction and inconsistency inherent in family law and the cracks and dissonance of legal principle inventing ‘sasaenga’. There are affiliation proceedings and paternity suits based on disagreement between ‘legal blood’ and ‘biological blood’. These lawsuits exposed both sides of obsession to and the rupture of 'paternal blood' of colonial Korean. Futhermore, the lawsuits over ‘paternal line’ are attributed to outrageous and gender-specific family law in which wives and daughters are disinherited when the male heads of the family died. Ultimately, this paper provides the critical examination of family law which produces ‘abnormalities’ and heterogeneous ‘others’ that were marginalized.
URI
http://www.dbpia.co.kr/Article/NODE02416967http://hdl.handle.net/20.500.11754/47847
ISSN
1226-4199
Appears in Collections:
RESEARCH INSTITUTE[S](부설연구소) > RESEARCH INSTITUTE OF COMPARATIVE HISTORY & CULTURE(비교역사문화연구소) > Articles
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