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

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.