Confucian Statecraft and Korean Institutions. Yu Hyongwon and the Late Choson Dynasty - James B. Palais

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1056 NOTES TO CHAPTER 6

Hwaryongbu slave registers that he has studied shows an expansion of state control over
the outside resident slaves in particular. Hong, Koryo sidae nobi yon' gu, p. 221; idem,
Koryo kwijok sahoe, pp. 75, 261.


  1. Special slave investigation agencies were established in 1269, 1288, 130I, I356,
    1381, 1388, and I 39 1 with Yi Songgye in charge but disbanded in 1392. See Sud6, "Nuhi
    no benrei," pp. 2-6.

  2. Sejo sillok 46:40b, Sejo 14.6.pyong'0 (1468), cited in Sud6, "Nuhi no benrei,"
    p.22.

  3. Sud6, "Nuhi no benrei," pp. 47-51.
    5 I. On 1414.6.chongsa, Chief State Councilor Yu Chonghyon told Taejong that 12,797
    eases had been petitioned to the Togam. T'aejong sillok 27:44a, cited in Sud6, "Nuhi no
    benrei," pp. 2I-22.

  4. T'aejong sillok 33:68a, Taejong J7.6.sinhaek (14J7).

  5. King Sejong reached the same conclusion. Yi Sugon, Ycingnam sarimp'a iii
    hycingscing, pp. 175-76, 180.
    54· Sud6, "Nuhi no benrei," pp. 28-31; Sud6, "Nuhi no kenkyu," part 4, Rekishigaku
    kenkyu 9, no. 4 (1939):422-26.

  6. Scholars have recently pointed out that Tang law prohibited the marriage of male
    slaves to commoner women, and that even though there was no mention of this in early
    Koryo, it may have been the rule because it seems to have been the law in late Koryo.
    Sud6, "Nuhi no kenkyu," part 3, p. 261; Yi Sangbaek, "Ch'onja sumogo," pp. 160-61.

  7. Yi Sangbaek summarized the Yuan regulations pertaining to the status of offspring
    of mixed marriages as follows. 1. The children of commoner fathers and slave mothers
    became commoners. 2. The children of a commoner father and a mother who was a daugh-
    ter of a male slave would be commoners. 3. Children of a slave father and a mother who
    was a daughter of a commoner who petitioned for marriage would be slaves. 4. Children
    of a male commoner who illegally married a female slave would become slaves and be
    returned to the master. 5. Children of a male slave who illegally married a daughter of a
    commoner would be commoners, but registered ditTerently.
    In the first three cases the son adopts the father's status; in the fourth and fifth cases,
    because the marriage is illicit, the children take the mother's status. Nevertheless,
    because marriage was relatively free, this system was quite different from Tang and Sung
    as well as Koryo practice. Yi Sangbaek, "Ch'onja sumogo," pp. I60-61. See also Sud6,
    "Nuhi no kenkyu," part 3, pp. 262-63.
    Niida Noboru cited the Yuan code, which stated that if the daughter of a liang (good,
    yang in Korean) family wanted to marry the male slave of someone else, then she would
    become a slave. If (a male slave) married the daughter of a liang family and they were
    [illegally] sold off as slaves, then they would be converted to good status (liang). Both
    seller and buyer would be deemed guilty of a crime and the sale price confiscated by the
    authorities. Yiian-shih [History of thc Yuan dynasty] I03:22b.
    Niida pointed out that there was more latitude for commoner/slave marriage during
    the Yi.ian period than before. Because more people of good status were being seized,
    confiscated, or sold off and the number of slaves was increasing, it became impossible
    to maintain the iron rule against commoneribase (liang/chien) marriages. Daughters of

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