『繼後謄錄』을 통해 본 17世紀 초 立後 양상

Abstract

The purpose of this study is to examine the agnatic adoption patterns that began to increase in the early 17th century through the Gyehu Deungrok(繼後謄錄). ‘Gyehu deungrok’ was drafted to be used as reference in the future by recording the fact of agnatic adoption by Yejo (the Ministry of Rites). Agnatic adoption was the act of a person who did not have a son to adopt another person’s son to succeed him and his household and it was carried out through the agnatic adoption provisions set in the ‘Gyeongguk Daejeon’. Agnatic adoption was usually registered by the foster father or foster mother. This was in accordance with the Agnatic Adoption Law and it was recognized as general successorship. However, there were also many cases where agnatic adoption was applied for by the biological father or other biological family members, and in this case, Yejo categorized it as a non-judicial action. It was common to select the successor to be the second or third son of a relative with the same last name. However, there were also cases in which the successor was chosen from the extramarital son or only son of a relative with the same last name. In the case of the only son, it was not allowed for him to become the successor of another person according to the Agnatic Adoption Law, but agnatic adoption was allowed when it was an application for the purpose of ancestral rituals. The purpose of agnatic adoption at that time was to hold ancestral rituals for the foster home. But becoming a successor through agnatic adoption alone did not mean that one would be in charge of the entire ancestral rites of the foster home. Up until the early 17th century, when an issue occurred with the selection of the person holding the ancestral rites of the foster home, the biological grandchildren would be in charge of the ancestral rites by Yejo. Just as there was agnatic adoption for holding ancestral rituals for the foster home, there was also successor-releasement to hold ancestral rites of one’s biological ancestors. Successor-releasement allowed to dissolve the adoption and made the adopted child return to their biological home and hold ancestral rites for them. This was usually carried out by the biological father or other family members at the house of birth. Just as agnatic adoption was performed according to the Agnatic Adoption Law, successor-releasement was performed according to the royal decree enacted in 1554 (9year of Myeongjong). Meanwhile, there were cases when the ancestral rites were entrusted to extramarital sons because the existence of extramarital sons was a reason not to allow agnatic adoption. When ancestral rites were entrusted to extramarital sons, they attempted to protect these rights of extramarital sons by being issued ancestral rite documents as there were possibilities of being violated of these rights because of their status. This study examined the agnatic adoption patterns in the early 17th century through ‘Gyehu deungrok’. Agnatic adoption in the early 17th century was processed through the participation of not only relatives with the same last name, but also relatives with the different last name, and general agnatic adoption that complied with the agnatic adoption provisions accounted for the majority. However, with the increase of agnatic adoption, agnatic adoption applicants expanded to biological fathers and relatives with the same last name, and successors also became more diverse.