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      • 고려 기복제(起復制)와 14세기말 기복논쟁(起復論爭)

        황향주 ( Hyang Ju Hwang ) 서울대학교 국사학과 2011 韓國史論 Vol.57 No.-

        In this article, how the Chinese protocols, regarding one`s ``return to service`` before one completed observing a mourning period for one`s parents[起復制], actually changed after coming into contact with the siesta and cultural atmosphere of Gorier, and vital kind of issues were generated in the process, are examined in details. This practice was called as the "Gi``bok/起復(return-to-duty)`` practice, and it was an act of ordering an official to return to governmental duties before completing a three-year mourning period. This practice was rather a ``rule of exception(``權禮``)``, a policy designed to address specific circumstances which would require a governmental personnel back at its post. The overall intention w.s to resolve possible conflicts of interest, between the o most sacred and important values of Confucianism, which were loyalty(忠) and filial piety(孝). The protocols for this practice were devised by the Chinese Tang/唐 dynasty. At the time, in order to establish this protocol in institutional terms it s dictated that all personnel who were to initiate a three-year mourning period would have to resign obligatorily, and that only when an observation of such mourning period would directly affect the operations of the government the officer in question would be allowed to return to duty. This kind of principle dearly established that the three-year mourning period observation was both a privilege and obligation of a governmental officer, Such dual notion of the principle naturally led to some fierce conflicts of either political or social nature inside the Chinese society, as it forced people to choose between allegiance to one`s king and one`s parents, Protocols for this practice were first introduced to Korea during the Goryeo dynasty period in 985(the fourth year of king Seongjong/成宗), along vith the "Rules regarding Mourning attires(五服制)" of the Tang and Sung dynasties, Interestingly enough, the protocols did not cause any particular problems or troubles inside Goryeo as they did inside China, at least not until 1389, the first year of king Chang-wang`s reign. This was probably because the protocols were applied and operated in a very different way from how they were used in China, In order to prevent any discrepancies between the custonis and culture of Goryeo and China from turning into a problem, Seongjong decided to adopt a ``variated version of the protocols, The Goryeo government fonnulated a directive instructing governmental officials to have a ``Leave of Ahsence fbr 100 Days("百日給暇")``, and offIcially defined the concept of "Gi``bok" as an act of returning to one`s governmental post after a ``predetermined`` (not necessarily to he a ``three-year term) mourning period is duly completed. As a result, the protocols inside Goiyeo no longer bore an ``exceptional`` quality, as it became a perfectly normal action for the Goryeo people, to mourn for their parents for 100 days and then rrurn to their duties, The Goryeo people believed that instead of adhering to a three-year nile which would have had very little to do with the ancestors`` flindaniental spirit, serving and caring for a retmining, living parent would he much more important. Such mindset of the Goryeo people enabled the "Gi`bok" practice to continue as an "ordinary" practice. Yet Later, when Neo-Confiicianism was introduced to the Cioryeo people by the Mongol Yuan empire, a new set of rules spreaded throughout the Korean peninsula, and previous protocols established for the ``return-to-dutj practice were severely affected, Neo-Confucianism dictated that proper ``Rules of conduct(禮學)`` should be rooted in all households, and that the three-year mourning period was indeed a rule that had to he ohservecl ahsolutely, From that viewpoint, the previous ``return-to-duty`` protocols which did not require the three-year term to be unconditionally ohse!wd were to he seemed as supporting ``unhecorning conducts and had habits,`` And such perspective only strengthened, when the scholar-officials were forced to go through an internal division and form multiple groups competing with each other in the fight to occupy political high ground after the so-called ``Wi``hwa-do Return``. The ``return-to-duty`` practice and relevant protocols became a topic of harsh debates, and as a result, a connoveisy broke out for the first time in the first year of king Chang-wang`s reign, over this vety issue During this controversy and all the related debates, the previous fashion of conducting the ``return-to-duW practice was officially condemned. The three-year period became a rule above all else, and any act of returning to duty before such period v?s observed was denounced as an unjust act. Another argument, which argued that at least in order to care for the surviving parent the mourning period for the deceased one could be changed, was aiso condemned Following such condemnation, in the third year of king Gong``yang-wang``s reign the ``return-to-duty`` institutions of Coryeo when through a massive revision? The new institution required all personnel who were newly put in a situation of a parent`s death to wilfully resign, and such requirement made the ``retun-to-duty`` institution an exceptional rule`` once again. All other governmental protocols and legal clauses were revised to suit such change as well, and such revised principles were later inserted in the legal codes of the Joseon dynasty`s early days, such as《Gyeongje Yukjeon/經濟六典》 and 《Gyeong`guk Daejeon/經國大典》. With the ``return-to-duty`` practice again becoming an ``exceptional nile,`` it also again became both a privilege and obligation for the governmental officials, during the Joseon dynasty period. The officials became able to protect their right of oherving a hill thre&year mourning period by resigning their posts, but by resigning from their posts they had to endure a virtual politiod exile for a long time, As a result, the ``return-to-duty`` practice came to cause nrany problems during the Joseon period, problems which had not nopped up during the Goiyeo dasry period, Whether to remain faithful to ones obligations as a human beings offspring, or to place one``s loyally to the king above all else, often became objects of harsh discussions, and they turned into controversies between not only individuals hut also political factions.

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