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The actual lawsuit condition and cost of litigation in the Joseon Dynasty from the economic perspective

  • The Review of Korean History
  • 2021, (141), pp.133-174
  • Publisher : The Historical Society Of Korea
  • Research Area : Humanities > History
  • Received : February 23, 2021
  • Accepted : March 10, 2021
  • Published : March 30, 2021

kwon esun 1

1재단법인 전북발전연구원

Accredited

ABSTRACT

Many studies on the lawsuits during the Joseon Dynasty have confirmed the act and consciousness of protecting ownership. However, they did not pay attention to the economic problems that accompany the actual lawsuit. Even though the cost of litigation had a lot of expenses to high when lawsuits were filed in the Joseon Dynasty, they did not reveal the fundamental part of why they raised the lawsuit without hesitation. In the case of the study, It is necessary to study the specific items and aspects of how the system was collected for some purpose, how much the system was improved, how much the individual paid, and how it was prepared. this is because we can objectively look at the phenomenon that was evaluated as a society by filing a lawsuit without hesitation in order to protect ownership. The Joseon government originally intended to suppress excessive litigation through the policy and the systems. which jillji originated from the China, where it was used to prevent excessive transmission. However, unlike the purpose of the original establichment disappeared and was abused and as a abolition. Therefore, even after winning the game, he had to pay his bills by selling the items. The reason for the designation of the general jurisdiction(隻在官) as a court of law had also become part of the litigation cost. the expenditure was identified as the price of alcohol, straw shoes, nojaddon and so on and the last was the bribery, which was closely related to the Su-Ryong(守令) and 下吏. The litigation expenses were generally prepared by individuals, but they were jointly spent in the village, which helps litigation individuals, has also become part of the litigation costs. The cost of alcohol, straw shoes, nojatdon, ££, kiln and kiln rental fees are identified. Nevertheless, lawsuits continued to take place throughout the Joseon Dynasty. This is not merely a trivial habit of liking disputes. but There was a clear concept of ownership, and in order to protect it when it was disproves that the concept of ownership was clear, it was a consciousness that it would be willing to sue based on the established system.

Citation status

* References for papers published after 2022 are currently being built.