민사판결문을 통해 본 근대 한국의 도지권 분쟁과 처리 –평안도·황해도 지역의 분쟁을 중심으로– (Disputes over the DOJI( 賭地) right in Modern Korea, and resolutions, examined through Civil trials ruling documents – Focused on Cases in the Pyeong an-do province and Hwang hae-do province –)

서지정보

· 발행기관 : 한국역사연구회
· 수록지 정보 : 역사와 현실 / 89호 / 297 ~ 342페이지
· 저자명 : 이승일

초록

Analyzed in this study are the DOJI(賭地)-related rulings, issued from the period of the Dae’han Empire through the Japanese occupation period, in order to investigate legal disputes over the DOJI(賭地) rights, and to ascertain how the Koreans’ traditional properties were formed and later disappeared.
In Korea, the DOJI(賭地) custom was to pay for labor and costs invested by the peasants. A DOJI(賭地) could be permanently handed over, and the tenancy could be inherited. During the Dae’han empire period, lawsuits against DOJI(賭地) were filed with the landowners’ intention to increase personal gains and deny the DOJI(賭地) custom. The landowners’ intention was blocked by the peasantry’s backlash and the Korean Court.
However, Koreans’ DOJI(賭地) rights were liquified with new legal relations made after the annexation of Korea by Japan. According to Article 12 of the Civil code that was made by Japan and imposed upon Korea in 1912, recognition was given to realty rights stipulated in the Japanese Civil Law as well as to ones recognized by custom. The ownership was protected by the Japanese Civil Law and the Real Estate Registration Act that was made by Japan and imposed upon Korea, whereas the DOJI(賭地) rights were retained in the form of a customary law. The Joseon Governor General office did not take particular measures for public notice of the DOJI(賭地) rights and also did not enact the Statue law regarding DOJI(賭地) rights. With the cadastral survey, landowners began to be protected by the Joseon Governor General office and as a result the DOJI(賭地) rights were constricted.
The DOJI(賭地) rights particularly began to be extinguished with changes in the tenancy policy in 1930. The Joseon Governor General office made a coordinating committee adjust disputes over DOJI(賭地). Instead of extending the tenancy period, it extinguished the DOJI(賭地) rights or helped DOJI(賭地) rights be relinquished to landowners. In 1933, the Joseon High Court broke the precedent, and ruled that unregistered DOJI(賭地) rights cannot fight against the third party, forfeiting the rights of DOJI(賭地) right holders in many cases.

영어초록

Analyzed in this study are the DOJI(賭地)-related rulings, issued from the period of the Dae’han Empire through the Japanese occupation period, in order to investigate legal disputes over the DOJI(賭地) rights, and to ascertain how the Koreans’ traditional properties were formed and later disappeared.
In Korea, the DOJI(賭地) custom was to pay for labor and costs invested by the peasants. A DOJI(賭地) could be permanently handed over, and the tenancy could be inherited. During the Dae’han empire period, lawsuits against DOJI(賭地) were filed with the landowners’ intention to increase personal gains and deny the DOJI(賭地) custom. The landowners’ intention was blocked by the peasantry’s backlash and the Korean Court.
However, Koreans’ DOJI(賭地) rights were liquified with new legal relations made after the annexation of Korea by Japan. According to Article 12 of the Civil code that was made by Japan and imposed upon Korea in 1912, recognition was given to realty rights stipulated in the Japanese Civil Law as well as to ones recognized by custom. The ownership was protected by the Japanese Civil Law and the Real Estate Registration Act that was made by Japan and imposed upon Korea, whereas the DOJI(賭地) rights were retained in the form of a customary law. The Joseon Governor General office did not take particular measures for public notice of the DOJI(賭地) rights and also did not enact the Statue law regarding DOJI(賭地) rights. With the cadastral survey, landowners began to be protected by the Joseon Governor General office and as a result the DOJI(賭地) rights were constricted.
The DOJI(賭地) rights particularly began to be extinguished with changes in the tenancy policy in 1930. The Joseon Governor General office made a coordinating committee adjust disputes over DOJI(賭地). Instead of extending the tenancy period, it extinguished the DOJI(賭地) rights or helped DOJI(賭地) rights be relinquished to landowners. In 1933, the Joseon High Court broke the precedent, and ruled that unregistered DOJI(賭地) rights cannot fight against the third party, forfeiting the rights of DOJI(賭地) right holders in many cases.

참고자료

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