한말 신용거래 양상에 대한 법적 분석 －구한말민사판결문의 ‘換錢’ 사례를 중심으로－

In the credit transactions of Korea in 1890~1910, the ‘Hwanjoen(換錢)’ or ‘Hwan(換)’ was very often used. The ‘Hwanjoen’ is similar to a bill of exchange today. In the premodern days, the ‘Eoum(於音)’ or ‘Eohum(魚驗)’ was also very often used, which was similar to a promissory note today. Modern credit transactions system includes a bill of exchange and a promissory note. The credit transactions such as a bill of exchange and a promissory note is said to be the most advanced form in the history of economy. The modern credit transactions system was introduced to Korea by Japan, but before that time, it is noteworthy that in commercial credit trading practices securities that are comparable to today’s bills have been widely used in Korea especially in ‘Kyeseong Merchant(開城商人)’. The ‘Hwanjoen’ practices which was very often used in the late Joseon Dynasty and in the Korean Empire in 1890~1910 are very similar to today’s bill of exchange in the legal perspectives. It has three contracting parties, and a third party is entrusted with a certain amount of payment. The ‘Hwanjoen’ has all the properties like today’s bill of exchange in the legal perspectives. It also can be said that the ‘Hwanjoen’ has an air of modernity like today’s bill of exchange system.