선초 가대(家代)의 절급에 관하여 (Distribution(折給) of Public lands for Residence Sites(家代) in the Early days of the Joseon Dynasty)

서지정보

· 발행기관 : 한국역사연구회
· 수록지 정보 : 역사와 현실 / 69호 / 225 ~ 254페이지
· 저자명 : 박경안

초록

Usually, natural disasters and warfare not only harmed the people, but also disrupted the status of the lands and impoverished the soil in those lands. As a result, such lands would become sterilized(陳田化) and hard to cultivate for a certain period of time, and the Gadae/家代(site of residence) unit would become unsustainable, to a certain extent as well(空代化). The phenomena of absorbtion and accumulation of land masses, which continued during the latter half period of the Goryeo dynasty, was very much related to such condition (sterilization and others) of the lands of that time period. Added to that, the advancements achieved in terms of private ownership throughout the society, served as a distant reason for the phenomena of absorbtion and accumulation of lands as well, and such phenomena was also directly triggered by the ever expanding ‘private power(私權力)’, which accelerated its pace even more, with the collapse of the governing system itself.
In the early days of the Joseon dynasty, the system of governance was newly developed. And such developments, like the establishment and enforcement of ‘public power’, or the construction of a new Capital city, manifested themselves in the expansion of land cultivation, and the policy of Jeolgeub distribution of Gadae/家代 units. Public lands were divided to be used in distribution of Gadae units, and that trend continued as the Capital city grew larger with the support of the government’s wielding of public power. This was a pattern distinctively different from the pattern featured by the Goryeo situation, in which private powers’ annexation of sterile lands and public lands(like forests and streams/山林川澤) continued during the latter half period of Goryeo.
In order to receive a Gadae unit, an individual first had to secure markers for the area in all four directions, and then file a request(訴狀) to the Hanseong-bu capital authorities. Then the Bu/部 authorities in charge of the area, also accompanied by the Gwansang-gam/觀象監 office, would survey and measure the area and then finally issue an Iban document. This process was designed not only to adhere to the Confucian principle of distributing wealth and profit in an impartial and fair manner to the general population by banning other influential figures’ illegal occupation of public lands, but also to observe the geomantic rule which was in essence strongly against damaging the natural habitate. The Gyeol-Bu-jae/結負制 system, which originated in the days of Shilla and continued through the Goryeo and Joseon dynasty periods, was based upon the Jo-Yong-Jo/租庸調-style taxation system, and such land system clearly shows us that the medieval governments of Korea managed to monitor and control lands that were released from public usages, mainly the ones that could sustain either agricultural production or resident households. Also, compared to the latter half period of Joseon, trying to devise solutions for land-involved civilian lawsuits by examining the actual situation and relevant documents, was a fairly different and also unique approach displayed by this time period.
Governmental orders issued in the early days of the Joseon dynasty, such as the ban on the ‘Byeongjak Bansu’ practice, and the ban on transaction of lands located inside the Capital, were either rescinded or nullified, very quickly. It was because the development status in terms of ownership rights throughout the society had already reached a certain point where there was no way of stopping or reversing such trend. And at the same time, the government was stably protecting the ownership of Gadae units distributed by the state, it recognized and respected ownership rights over lands equipped with discernible markers in all four directions(四標), and it levied Gadae taxes(家代稅) upon those distributed Gadae units.

영어초록

Usually, natural disasters and warfare not only harmed the people, but also disrupted the status of the lands and impoverished the soil in those lands. As a result, such lands would become sterilized(陳田化) and hard to cultivate for a certain period of time, and the Gadae/家代(site of residence) unit would become unsustainable, to a certain extent as well(空代化). The phenomena of absorbtion and accumulation of land masses, which continued during the latter half period of the Goryeo dynasty, was very much related to such condition (sterilization and others) of the lands of that time period. Added to that, the advancements achieved in terms of private ownership throughout the society, served as a distant reason for the phenomena of absorbtion and accumulation of lands as well, and such phenomena was also directly triggered by the ever expanding ‘private power(私權力)’, which accelerated its pace even more, with the collapse of the governing system itself.
In the early days of the Joseon dynasty, the system of governance was newly developed. And such developments, like the establishment and enforcement of ‘public power’, or the construction of a new Capital city, manifested themselves in the expansion of land cultivation, and the policy of Jeolgeub distribution of Gadae/家代 units. Public lands were divided to be used in distribution of Gadae units, and that trend continued as the Capital city grew larger with the support of the government’s wielding of public power. This was a pattern distinctively different from the pattern featured by the Goryeo situation, in which private powers’ annexation of sterile lands and public lands(like forests and streams/山林川澤) continued during the latter half period of Goryeo.
In order to receive a Gadae unit, an individual first had to secure markers for the area in all four directions, and then file a request(訴狀) to the Hanseong-bu capital authorities. Then the Bu/部 authorities in charge of the area, also accompanied by the Gwansang-gam/觀象監 office, would survey and measure the area and then finally issue an Iban document. This process was designed not only to adhere to the Confucian principle of distributing wealth and profit in an impartial and fair manner to the general population by banning other influential figures’ illegal occupation of public lands, but also to observe the geomantic rule which was in essence strongly against damaging the natural habitate. The Gyeol-Bu-jae/結負制 system, which originated in the days of Shilla and continued through the Goryeo and Joseon dynasty periods, was based upon the Jo-Yong-Jo/租庸調-style taxation system, and such land system clearly shows us that the medieval governments of Korea managed to monitor and control lands that were released from public usages, mainly the ones that could sustain either agricultural production or resident households. Also, compared to the latter half period of Joseon, trying to devise solutions for land-involved civilian lawsuits by examining the actual situation and relevant documents, was a fairly different and also unique approach displayed by this time period.
Governmental orders issued in the early days of the Joseon dynasty, such as the ban on the ‘Byeongjak Bansu’ practice, and the ban on transaction of lands located inside the Capital, were either rescinded or nullified, very quickly. It was because the development status in terms of ownership rights throughout the society had already reached a certain point where there was no way of stopping or reversing such trend. And at the same time, the government was stably protecting the ownership of Gadae units distributed by the state, it recognized and respected ownership rights over lands equipped with discernible markers in all four directions(四標), and it levied Gadae taxes(家代稅) upon those distributed Gadae units.

참고자료

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