관습상 명의신탁 사례 ― 1722년 안동부입안「康熙六十一年 二月 日 安東府立案」의 평석 ―

손경찬 ( Son Kyoung-chan ) 연세대학교 법학연구원 2021 法學硏究 Vol.31 No.3

This study analyzes customary cases related to nominal trust. In particular, Andong-Pu Iban(「康熙六十一年 二月 日 安東府立案」), one of the civil court records (決訟立案) in Joseon Dynasty, is the main focus. Currently, nominal trust is recognized as both customary law and judge-made law. According to the previous majority opinion, the registration ability of clans was not recognized in the Japanese colonial period. Instead, the nominal trust is judged to be originated from the custom that registers clan properties under the name of clan members. Through the analysis of Andong-Pu Iban, this study suggested a clue that nominal trust was originated from the custom that a nobleman in the Joseon Dynasty entrusted his property to his slave[戶奴]. In addition, this study revealed the meaning of gisang (記上) through the analysis of Andong-Pu Iban. The concept of gisang(記上), a kind of term related to the inheritance law system, is the property ‘specially belongs’ to the slave’s owner when a childless slave died. The gisang can also be viewed as a concept in which the owner, a nominal truster ‘requests return’ of trust property to the slave, a nominal trustee. Moreover, through this draft, it was possible to demonstrate the principle in the civil litigation of the Joseon Dynasty, that it was not that the court hearing was not conducted after 5 years, but that the court hearing was not conducted after 60 and 30 years had elapsed. Andong-Pu Iban is a customary law case related to nominal trust, and it is also a material that can accurately understand the concept of gisang (記上). Moreover, through the analysis of Andong-Pu Iban, it can be revealed that the 60 years and 30 years period of the appeals Law(呈訴期限法) is the principle of Gwahanbeop(過限法) in the Joseon Dynasty. Above all, the origin of custom for nominal trust can be seen not only as the custom that a clan entrusts clan members to register the clan’s property during the Japanese colonial period, but also as the custom that a nobleman entrusted the land of a nobleman in the name of a slave in a land register during the Joseon Dynasty.

고려시대 안동부(安東府)의 성립과 `태사묘(太師廟)`의 기능

한기문 ( Han Ki-moon ) 역사교육학회 2016 역사교육논집 Vol.61 No.-

On social history the thesis explores the foundation background and function of Taesamyo(太師廟) in Andongbu(安東府) with the national change from later Shilla to early Goryeo. In the time of Gochang battle the community elites grew on the village boss with 3000 people. By helping Taejo Gochang(古昌) aided the base construction of Goryeo`s Shilla annexation. After Gochang battle victory Goryeo upgraded it to Andongbu. Goryeo gave the higher offices of Daegwang(大匡) and Daesang(大相) to Kim Seonpyeong(Gochang boss), Gweon Haeng, Jang Gil. In community sirname of Taejo 23 they achieved sirname Kim, Gweon, Jang. They became the Samhangongsin and the sirnames` founder. In the age from Seongjong to Hyeonjong they were put on the most honored status of Taesa posthumously. Hojang(戶長) strata represent the area and dominates the administration really. They controle the ancestor worship rite and lead and unite the town. Also they showed the ideological loyalty of center government. Especially descendants of Taesa Kim, Gweon, Jang would have Hojang status. Through building Taesamyo they led town society and let villagers` devotion converge into the King.

안동부 고지도의 유형별 수록지명 연구

배미애(Mi Ae Bae) 한국지역지리학회 2004 한국지역지리학회지 Vol.10 No.3

조선후기 안동부 奈城地方의 洞約 연구

김철호 역사교육학회 2006 역사교육논집 Vol.37 No.-

조선시대 호계서원(虎溪書院)의 위상과 강학활동

김자운 ( Kim Ja-woon ) 충남대학교 유학연구소 2021 유학연구 Vol.55 No.-

Hogye-Seowon(虎溪書院) is the first Seowon established in Andong area to celebrate Toegye because it was a place where Toegye was reading when he was a child. After the 17th century, it has grown into a representative Seowon in the Yeongnam region along with Dosan-Seowon and Oksan-Seowon. Paying attention to the status of Hogye- Seowon, many studies have been conducted in the field of political history. However, there are only two thesis on education in the 19th century on the study of Hogye-seowon education. This is because there is little data on education of Hogye- Seowon. Therefore, I tried to trace the overall flow and changes of Hogye Seowon education from the 16th century to the 19th century by investigating the data on Hogye-Seowon education as much as possible. In Chapter 2, I first analyzed the operating regulations of Hogye-Seowon, and then investigated the relationship between Andongbu(安東府) and Hogye-Seowon. In 1576, Nam, chi-ri(南致利) created the operating regulations of Hogye-Seowon, imitating Toegye's Isan-Seowon regulations. However, there are obvious differences between the two. In addition, Hogye-Seowon was established and operated in a very close cooperative relationship with Andongbu. Through the analysis of the relationship, Chapter 2 I confirmed that the 16th century Hogye-Seowon played the same status and role as the Andong-Hyanggyo. In Chapter 3, I reviewed the educational activities of Hogye-Seowon from the 16th century to the 17th century. Through this, the operation status of children's education, the space used for education, the contents of education and the education method were confirmed. In Chapter 4, I reviewed the changes in the educational system of Hogye-Seowon, the changes in textbooks and educational philosophy, and the formation process of the school from the 18th century to the 19th century. Hogye-seowon's educational system began to change systematically starting with the Simkyung-Lecture(心經講會) led by Daesan(大山) Lee, Sang-jung(李象靖) in 1765. And in the 18th and 19th centuries, the book they studied hardest at Hogye-Seowon was Shimkyung(心經). In addition, the teachers at Hogye-Seowon put great emphasis on practicing what they learned in Seowon in their daily life. In other words, the characteristics of Hogye- Seowon education in the 18th and 19th centuries can be found in the learning of the mind and practical academic practices. Through the education at Hogye-Seowon, the people who led the schooling were forming a academic network leading to “Toegye Lee Hwang(退溪李滉)-Kim, Seong-il(金誠一)-Lee, Hyun-il(李玄逸)-Lee, jae(李栽)-Lee, Sang-jeong(李象靖)”.

16세기 중·후반 안동(安東) 사족(士族) 권호문(權好文)의 향촌사회활동

이광우 ( Yi¸ Gwang-woo ) 호남사학회 2020 역사학연구 Vol.78 No.-

Songam(松庵) Kwon Ho-mun(權好文) has been recognized as a scholar who had the works of 「Dokakpalgok(獨樂八曲)」 and 「Hangeosippalgok(閑居十八曲)」 and others that there haws been a number of studies realted to his works. However, as a local wealthy gentry, there are many aspects that overlooked about his role that he displayed. Therefore, under this study, it has sought for the social and economic bases of Kwon Ho-mun family and his local community activities in Andong, Gyeongsang-do in order to understand an aspect of local communities during the middle to late 16th century when the private clan-oriented local community control order was beginning to take place. The Andong Kwon-clan of Kwon Ho-mun had been handed down its social status in Andong since the Goryeo Dynasty and had grown into the well-established family at the end of Goryeo Dynasty and early Joseon Dynasty. Thereafter, the family ties with esteemed families in the northern part of Gyeongsang-do, particularly in the Andong area, in particular, Jinseong Lee Family(眞 城李氏) that was connected to Toegye academic sector, Bonghwa Geum Family, Gwangsan Kim Family and others through marriage. Through this practice, the family solidified its social status even more firmly and it was able to lead the community order of Andong during the 16th century. Under the circumstance, Kwon Ho-mun, a pupil of Toegye began to undertake various local community activities and educational endeavors in the Andong area during the time. First of all, as the succrssor of the Toegye Scholars, he led the projects of summarization of Toegye’s literature and posthumopus praises for Dosan Seowon, Songgang Seowon(廬江書院) and other memorial services. Establishment of seodang and ganghak activities are the most spotlighted activities from the local community activities of Kwon Ho-mun. As succeeding the ideals of Toegye who acknowledged seowon and seodang as the most ideal places of accumulating learning, he established Gyeonggwang Seodang(鏡光書堂) and Cheongseongcheongsa(靑城精舍) in Andong. And, as he developed numerous pupils in these establishments, he developed the private clan forces and Toegye scholarstic lines in the region. In addition, Kwon Ho-mun was active in self-regulated community organizations, such as, Yujeongso(留鄕所) and Samaso(司馬所), and he wrote 「Donggam」 that newly defined the procedures for Hyangeumjurye(鄕 飮酒禮). In particular, 「Donggam」 is an important writing since it contains the contemplation of the private clans of the time with respect to how the Confucius edification system that was different from the situation of Jeseon then could be applied in local community and how it would be practiced effectively.