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A Special feature of the Divorce System in the Early Joseon

김은아

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A Divorce is the formal ending of a marriage by law and a married couple is break up in life. Therefore it is different with separation by death.
At the present day in the whole world, all the nation recognize the Divorce system. Our country also recognize the Divorce system. But in the previous modern age Our country, the Divorce system is hardly any admitted. Because the marriage is decided by parents or paterfamilias. Still and all, the Divorce is formed on the definite cases. It is the expelled Divorce and the forced
Divorce. The former is a divorce on the seven valid causes to wife. Accordingly paterfamilias or husband was be able to expelled from his family to wife over the transom. The latter is repudiated marital relations when husband or wife are against the right. And If the family of husband or wife´s old home was implicated to guilty of high treason, marital relations has broken at once. The former was adaptable to case by case but the latter was unadaptable. In the
True Record of the Joseon Dynasty of the early Joseon society, the expelled Divorce and the forced Divorce be made use of a means for maintain to the family relations in patriarchal system and the arbitrary country rule. This Divorce system widely different with today system. And it is a conclusive factor to abridge on the women's position in Joseon society

목차

Ⅰ. 序說
 Ⅱ. 離婚의 種類와 特徵
  1. 逐出離婚
  2. 强制離婚
 Ⅲ. 離婚權者의 範圍
  1. 夫의 父母
  2. 夫
  3. 國家
 Ⅳ. 離婚의 效果
  1. 妻의 歸宗
  2. 再婚
 Ⅴ. 結論
 참고문헌
 

저자정보

  • 김은아 김은나. 한양대학교 법학과 강사, 법학박사

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