조선고등법원 판사가 본 조선의 친족·상속에 관한 관습

초록

Chosun Supreme Court did a lot of cases that influenced the formation of the modern Korean law. The judicial precedent concerning Family cases was a decision in that to which it was performed directly as a judicial standard. There are many discussions that it is not a correct judgment up to the present time for it. The main point to criticize of the disputants was not to have applied the custom of Chosun to the truth. This research is not to point out the problem of the Chosun Supreme Court Cases under to clarify the custom of Chosun concerning family case. Even though this study deals with such matters due to any necessity, I think about the application of custom from Justice System an aspect in the introduction. How should we understand the judgment that the Justice of Chosun Supreme Court is processed to Custom and done? It is not a productive discussion that insists that the custom of Chosun was simply misinterpreted. It is necessary to find the effect as a tool to find the appearance of Korean Law preferable in the future while looking for its present originality from the Cases of Chosun Supreme Court. When the judgment that Chosun Supreme Court he did very calmly is criticized, it is necessary to make it to a constructive content that can lead our legal theory in the future through not such feelings that it is misinterpretation of custom but calm reason.

키워드