서유럽의 봉건적 주종관계 형성(1) -고대의 주종관계와 메로빙시대의 주종관계 발전양상-

이기영 ( Ki Young Lee ) 한국서양중세사학회 2010 西洋中世史硏究 Vol.0 No.26

In the Germanic society of the first century, followers owed fealty and military service to their chief and, in turn, the chief owed maintenance and protection to them. There was also the oath of fealty by followers in this society. Therefore we can see this relationship as an antecedent of feudal vassalage. This was called comitatus in Germania written by a Roman historian Tacitus. In the Celtic society of the first century BC. There were warriors called ambactus. They followed a chief whose status was cavalier. In ancient Roman society as early as the Age of Kings, there had been the system of clientele. But it was buccellarii that prevailed in the later Roman Empire. This was private armed guards influenced by the Germanic comitatus. We can see in the early Merovingian documents that the ancient forms of vassalage and patronage system continued to exist and was extending to all the sides of Western Europe. But since the middle of the 7th century, although ancient vassalage survived, new developments of vassalage appeared. A rite of creating benefice was arranged. And we witness a change that a lord gave a land to his armed follower for his fealty and military service. But the first half of the 8th century marked the epochal turning point in the formation of feudal vassalage. Pippin II, mayor of the Merovingian palace and his son Charles Martel deprived the Church of vast lands in order to create cavalry on a large scale and granted to their vassals as beneficium to assure their fealty and military service. Thus fief, genuine beneficium which was combined with military service as a cavalier was generated by the initiative of the authorities.

마틴 루터(Martin Luther)의 예배 개혁 연구

임승훈(Seung-Hoon Lim) 연세대학교 신과대학(연합신학대학원) 2013 신학논단 Vol.72 No.-

We can understand Martin Luther’s liturgical reformation through his major writings such as “The Babylonian Captivity of the Church,” “Concerning the Ordering of Divine Worship in the Congregation,” “Formula Missae” and “Deutsche Messe.” Martin Luther’s contributions to the worship are as follows. First, he rediscovered the true nature of worship through a new theological viewpoint and religious experience. Luther understood the whole worship as Beneficium rather than Sacrificium. Second, he accentuated the preaching in the worship. He thought that the most important thing in his liturgical reformation was the preaching. Third, he emphasized the spirit of community in the worship. he led the congregation in to the worship as not passive bystanders but positive participants. Fourth, he stressed the restoration of the Eucharist for the congregation. The last thing among his contributions was he established “Baptismal faith.” He believed that the baptism is the greatest God’s comfort in the world. However, Luther’s influence on the worship was not always positive. In his influences to the worship, the most unsatisfied thing was that he removed whole part of Anamnesis and the Great Thanksgiving for christ, leaving only Institution in the eucharist. This is because he had an allergic reaction to the element which had the feeling of sacrificial rite. This reaction is evaluated as a radical action that cannot be found in any other worship before Luther. Moreover, Luther made his own diagnosis of proper worship which is possible through understanding only. This idea was revolutionary at that time and was a gift given to the church from humanism. Such Luther’s understanding was powerful when he tried to persuade someone, but there is also problem in some degree. It is because such questions about what the “understanding” means and whether this understanding is possible to human beings can be raised. That is, Luther was not safe from the criticism in which He overemphasized ‘the function of education’ in his understanding in relation to the value of worship. In conclusion, Martin Luther liturgical reformation was the result of the effort to include worship and ministry in his faith(lex Credendi). He show us the true liturgical reformation through theological reflection. We can understand Martin Luther’s liturgical reformation through his major writings such as “The Babylonian Captivity of the Church,” “Concerning the Ordering of Divine Worship in the Congregation,” “Formula Missae” and “Deutsche Messe.” Martin Luther’s contributions to the worship are as follows. First, he rediscovered the true nature of worship through a new theological viewpoint and religious experience. Luther understood the whole worship as Beneficium rather than Sacrificium. Second, he accentuated the preaching in the worship. He thought that the most important thing in his liturgical reformation was the preaching. Third, he emphasized the spirit of community in the worship. he led the congregation in to the worship as not passive bystanders but positive participants. Fourth, he stressed the restoration of the Eucharist for the congregation. The last thing among his contributions was he established “Baptismal faith.” He believed that the baptism is the greatest God’s comfort in the world. However, Luther’s influence on the worship was not always positive. In his influences to the worship, the most unsatisfied thing was that he removed whole part of Anamnesis and the Great Thanksgiving for christ, leaving only Institution in the eucharist. This is because he had an allergic reaction to the element which had the feeling of sacrificial rite. This reaction is evaluated as a radical action that cannot be found in any other worship before Luther. Moreover, Luther made his own diagnosis of proper worship which is possible through understanding only. This idea was revolutionary at that time and was a gift given to the church from humanism. Such Luther’s understanding was powerful when he tried to persuade someone, but there is also problem in some degree. It is because such questions about what the “understanding” means and whether this understanding is possible to human beings can be raised. That is, Luther was not safe from the criticism in which He overemphasized ‘the function of education’ in his understanding in relation to the value of worship. In conclusion, Martin Luther liturgical reformation was the result of the effort to include worship and ministry in his faith(lex Credendi). He show us the true liturgical reformation through theological reflection.

민법상 증여의사에 관한 연구

박희호(Pak, Hee-Ho) 전북대학교 법학연구소 2015 法學硏究 Vol.44 No.-

민법 제555조는 서면에 의하지 아니한 증여에 대하여 계약해제권을 부여하고 있다. 서면에 의하여 증여를 하는 경우에 해제권을 제한하는 이유는 역사적인 측면과 요식행위가 갖는 기본적인 의미 등을 고려해 볼 경우 대법원이 밝히는 바와 같이 증여자의 즉흥적인 의사결정을 막아 증여자와 증여자의 근친의 재산유출을 방지하고 구두계약에 따른 증여자의 의사표시의 불명확성을 피하려는 의도로 풀이된다. 그렇다면 최소한 보상적 증여(remuneratory donation), 즉 상대방의 어떤 행위에 대한 보상의 측면에서 이루어지는 증여에 대하여 서면을 요구할 필요는 없다. 즉흥적인 결정에 의한 재산유출이 아니라 대가적 의미를 갖는 합리적인 결정이라고 보아야 하기 때문이다. 이러한 해석은 이미 유스티니아누스 황제시절부터 인정되어 각국에서 받아들인 것으로 그 합리성을 인정받고 있다. 하지만 배은행위로 인하여 계약을 해제할 경우에는 보상적 증여를 약속한 경우라고 하더라도 계약해제권을 제한할 필요는 없다. 이 경우에 배은행위가 상당한 경우에는 이미 이전의 고마운 행위를 상쇄하게 되어 더 이상 감사의 필요성이 없는 것이다. 이미 이행된 배은행위의 경우에 해제권을 제한하는 민법 제558조를 입법상의 잘못이라고 보는 견해가 있으나 입법자의 의도가 각국의 입법을 비교하여 중도적인 입장을 취하려는 것으로 이해한다면 결코 부당하지 않아 보인다. 마지막으로 ‘곤궁함의 특권’(beneficium competentiae)에 의하여 해제권이 주어지는 경우 보상적 증여가 약속된 경우라고 하더라도 해제권을 인정하는 것이 타당하다. 보상적 증여가 기본적으로 도덕적인 감사를 전제로 하더라도 재산상태의 변동으로 생계에 위험이 있는 상황에서까지 이러한 도덕적 감사를 강제한다는 것은 합리적이지 않은 것이다. Under the title “meaning of contract of gift”, Art. 554 Korean Civil Code(hereafter KCC) provides that a contract of gift shall become effective when one of the parties declares his intention property gratuitously to the other party and the other party agrees to accept it. Then Art. 555 KCC reads “A contract of gift which is not in writing may be rescinded by either party.” In relation with this two provisions an important question must be raised, which could be answered in light of historical development of the donation. Whether donatio must be genuinely altruistic behavior or the benefit through it may be transferred as a remuneration for certain services rendered by the other party(remuneratory donation), or the donor may have wished to induce the donee to act in a certain way to produce a certain result. The intention of the donee of Art. 554 KCC is not limited within genuine altruism, because ‘gratuitously’ means ‘without recompense’ in sense of contractual consideration. And the provisions of donation are generally applied to all kinds of donations. But the remuneratory donation has an exception of the principle. It has binding force though it is not in writing. The purpose of writing requirement in donation, namely proving of seriousness of the donor, is accomplished in the remuneratory intention.

서유럽의 봉건적 주종관계 형성(3) -카롤링시대의 봉건적 주종관계 확산-

이기영 ( Ki Young Lee ) 한국서양중세사학회 2011 西洋中世史硏究 Vol.0 No.27

It is evident that the basic hierarchy of feudal vassalage extending from king, dignitaries, the middle lords to ordinary horsemen was formed in the Western Europe centering around the region between the Loire and the Rhine in the early ninth century. Besides such feudal vassalages linking with the king there were autogenous feudal vassalages unconnected with the Carolingian kings in some regions. On the other hand the function of feudal vassalage was inwardly enlarged from originally military to partly judicial, and private relationship between lord and vassal was consolidated enough to neglect military duty for the Carolingian empire. However, it appears that there were considerable lands and freemen that were not incorporated into feudal vassalage until the early ninth century. In the middle ninth century, successors of Louis the Pious urged that every man should become a vassal in the empire, and vassal was legally required to join with his lord in the discharge of all duties including military task. In the close of the ninth century feudal public offices were transformed into fiefs, and vassalage and fief became hereditary according to "the edict of Quierzy" issued by Charles the Bald in 877. During the tenth century there appeared a tendency that local noblemen were independent of the public authorities and feudal vassalages with those as central figures were extensively formed. Thus feudal vassalage spread far and wide at least in the heart of the Carolingian empire between the Loire and the Rhine until the early ninth century. Feudal vassalage developed nearly at the same time in north Italy among border areas. And we can see that feudal vassalage began to develop early and extended considerably in the beginning of the ninth century in Aquitaine, the coast of the mediterranean Sea and the Spanish March. But it is supposed that the development in those regions slowed down after that.

백작, 교회, 도시민: 클레베(Kleve) 대성당(Collegiate-Church) 성직록을 중심으로

김병용 ( Byung Yong Kim ) 한국서양중세사학회 2013 西洋中世史硏究 Vol.0 No.31

In the High Middle Ages developed many cities trying to have their own parish church. But it was not easy, that a medieval city church founds an independent parish. For this, the city has mainly to be able to have to cope financially with the parish. The count intended to found a collegiate church at first in Monterberg and then to transfer to Kleve. After transferring the collegiate church should also play the role as the parish church. So this Study investigates the transfer of the collegiate church from Monterberg to Kleve, which consists of 13 praebendae. Above all we will deal with the question of why the count had to transfer the collegeate church. This may be seen one, that the count has carried out the transfer of the economic reasons. So he needed the economic power of citizens of Kleve. Besides, he wanted to a magnificent church as the cemetery seat for himself and his descendants. In order to realize his dream like this, he had to solve two problems. First, he had to handle the conflict with the archbishop of Cologne arising from the legal issues. Second, he has tried to harmonize with the citizens who dreamed upward mobility through economic power. All of this depended on the diplomatic ability of the count. This study therefore shows how the relationships between count, archbishop and citizens developed so that the collegiate church arises.