2022, Vol.79, No.3

Fairness in Civil Litigation and the Role of Judges in the Joseon Dynasty

Han, Sang-kwon | 2022, 79(3) | pp.7~43 | number of Cited : 3

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Litigator’s Personal Delivery of the Official Documents Concerned with Lawsuit in the Late Joseon Dynasty

Kim,Kyeongsook | 2022, 79(3) | pp.45~78 | number of Cited : 3

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This article examines the role of the litigator in the lawsuit in the late Joseon dynasty, with focus on the way that official litigation documents necessary for the progression of the lawsuit were delivered. During the Joseon dynasty, the delivery of official documents between counties involved the official network, and was not entrusted to civilians. However, in the course of the litigation progression, the litigator personally delivered the official documents concerned with his/her litigation progression in the cases of summoning or securing a statement of the litigation opponent and witnesses living in another county, and reviewing the documentary evidence kept at the office of another county. These cases were closely related to the principle of Parteienprinzip in the litigation progression in the Joseon dynasty. Firstly, the responsibility for subpoenaing the other party in the lawsuit was on the party to the lawsuit, and the judge provided the rationales for the subpoena by writing on the litigator’s petition the measures necessary for the litigation progression. However, if the other party to the litigation had resided in another county, they could not have been summoned by the judge’s measures alone because the other party’s residence was outside the judge’s jurisdiction. The judge sent an official document to the head of the county where the other party to the litigation lived, asking the head’s cooperation. At that time, the party to the litigation carried with himself/herself the official document to the head. In addition, when the litigator examined the documentary evidence, the principle was that the plaintiff and the defendant should do it together. This was applied when examining the documentary evidence kept at the office of another county. To this end, the parties to the litigation carried with themselves the official document of requesting the co-operations by the heads of the other counties which kept the documents necessary for the litigation progression. The procedure in which the litigation party obtained the official documents necessary for litigation progression began with the request made by the litigation party’s filing a petition to the judge. The summons of opponents and witnesses in the litigation, and the review of evidential documents were conducted not only within the county where the litigation is taking place, but also outside the jurisdiction of the county where the litigation was conducted. Also in the latter progression, the litigation procedures were centered on the parties to the lawsuit. This meant that the litigation was progressed on the basis of litigators’ active and subjective agency

Litigation Lobbying and Punishment in the Early Joseon Dynasty Based on Cases

Hyojung Han | 2022, 79(3) | pp.79~119 | number of Cited : 2

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This paper examines the patterns of litigation lobbying in the mid-Joseon Dynasty, and how judges of justice dealt with litigation solicitation charges using real-life data, such as personal diaries and written judgments. Analysis of the distribution of litigation lobby clients appearing in Mukjae Diary (默齋日記) according to status revealed that not only the yangban upper class but also commoners, slaves, and people of low status asked for convenience in litigation and asked for favorable judgments using their connections. The contents of the lobbying included not only the detailed procedure of the lawsuit, but also the direction of the judge’s trial and the content of the judgment. However, Lee Mun-gun (李文楗) and judges showed a cautious attitude toward lawsuits, and demonstrated a tendency not to easily accept lobbying. Meanwhile, there were no separate regulations for the punishment of litigation in the Joseon Dynasty. Litigation lobbying was punished in the name of the result of the solicitation, such as intentional miscalculation, and delay in litigation. However, punishment for litigation lobbying continued to be restricted in terms of the difficulty of proving solicitation and the atrophy of judgment rights. As a result, dispositions by personnel administration were more effective than legal penalties. Regardless of whether it was true or not, litigation lobbying acted as a weakness for bureaucrats, and bureaucrats adopted the method of avoiding litigation with moral responsibility to escape the charges. Since mutual assistance through personal connections was common in pre-modern society, solicitation in the Joseon Dynasty was an essential requirement for life. However, in analyzing cases of litigation lobbying, negative perceptions, sanctions, and avoidance could be observed. In addition, politicians also made efforts to establish a rational legal system to solve the litigation request problem. This illustrates the Joseon Dynasty’s awareness of the issue of litigation and its efforts to solve it.

Viewpoints at Odds and New Interpretations Was the Late Joseon Dynasty a Pro-Lawsuit Society?

CHON KYOUNGMOK | 2022, 79(3) | pp.121~152 | number of Cited : 2

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A Study on the Nominative Case Marker ‘Irasyeo’ in Korean Historical Literature

Chaewon Baek | 2022, 79(3) | pp.155~193 | number of Cited : 0

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Social and Literary: Female Missionaries in Joseon (From Their Shakespeare Readings in the Seoul Union)

Yuri Ji | 2022, 79(3) | pp.195~225 | number of Cited : 0

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Women’s Poetry in the Hansi Anthologies of the 1930’s and Its Meaning

Soyeon Chung | 2022, 79(3) | pp.227~260 | number of Cited : 0

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The Expansion and Characteristics of Sanitary Association System in 1930’s From the Perspective of ‘Urbanization’ and ‘Uniformity of the Police and Civilian’

Kim Jin Gyu | 2022, 79(3) | pp.261~295 | number of Cited : 2

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This article aims to grasp the policy background and police intentions contained in the aspect of the sanitary union in the 1930s. The Sanitary association was established for environmental hygiene and preventive measures, and was re-established due to the needs of the state even though it was abolished in 1917. In this process, the sanitary association functions as a police official. Throughout the mid-1930s, the number of sanitary unions increased rapidly. This was attributed to urbanization through town festivals and urban planning ordinances, and the increase in sanitary work, including the ‘Joseon Sewage Disposal Ordinance’. Meanwhile, the police authorities felt the need to take more active measures in the slogan “peopleization of the police, policeization of the people,” which they have adhered to. Accordingly, the ‘policeization of the people’ was prioritized, and the sanitary association was able to expand around the main locations of each county under such policy intentions. Sanitary associations were generally established by police arrangements, and the main station staff was also composed of police officials. The vertical operating structure of the sanitation association allowed the police to control residents through hygiene. Accordingly, the sanitary association newly paid tasks such as livestock management, medical support, and manpower mobilization beyond existing beautification and preventive measures. This is an example of an increase in the capacity of sanitary associations with urbanization. However, the sanitary association itself had many legal vulnerabilities. For example, there was no legal personality in the sanitary association, which was an obstacle to the business of the sanitary association. In other words, such problems lead to double taxation and organizational negligence. As the wartime system intensified, the sanitary association had room for cooperation in the war as a “the health camp back of a gun,” which appeared as an aid to the delivery and military. However, as the total mobilization system began in 1941, the sanitary association disappeared due to the reorganization and efficiency of the system. To define, the sanitary association was an urban hygiene organization organized to increase the influence of the police throughout the Japanese colonial period through hygiene.

English Literature as a Tool for Understanding Korean Local Culture and Contemporary History An Analysis of North American Readers’ Review of The Island of Sea Women

HEEYOUNG CHOI | 2022, 79(3) | pp.297~325 | number of Cited : 0