근대 가족법의 위반과 소설적 재현-최정희 소설을 중심으로-

The goal of this study is to consider the relationship between literature and law based on the aspect that modern legal systems are called into the works of fiction, focusing on the works of Choi Jeong-Hee. This is not only to explore how the law relates to the lives or narratives of the characters in the work, but to reconsider the position of the law in literature through legal violations reproduced in the novel and the aspects of the characters corresponding to it. In the study of literature and law, enhancing the validity of the trial process or the electrical interpretation of the legal provisions is like missing an important essence. Speaking the law in literature is only a legal narrative reconstructed by the author’s imagination, but it is quite different from the actual legal situation. It is often meaningless to judge the legal devices presented in the work for their practical validity. In other words, in terms of literary research, legal narratives should be recognized as fiction constructed by the author’s imagination, reproduced for workability, and it is more appropriate to explore how these legal devices relate to literature. Therefore, this study will explore the legal narratives reproduced in literary works in the context of the writer’s consciousness and the relevance of literary character. Choi Jeong-Hee (1906-1990) made the object of implementing the theme of this study because Choi’s life and novels are directly related to legal narratives, but have not yet been properly dealt with. Choi Jeong-Hee’s representative works “Mac” series, pro-Japanese “Yagukcho” and post-Korean War “Green Gate” present the problems of single mothers and illegitimate children in relation to the modern law and reproduces their social and legal hardships. The establishment of the Japanese legal system formalized the existence of illegitimate children outside of the law, and created the problem of unmarried mothers and illegitimate children, which are socially disadvantaged. This means that only marriage and birth under the law can be recognized morally and socially and that legitimate national rights can be guaranteed. On the other hand, single mothers and illegitimate children are recognized as the products of immoral relationships, which lead to social contempt and surplus without legal rights. The reality of this time is embedded in Choi Jeong-Hee’s works and serves as the main factor driving the narrative of the work. The problem of single mothers and illegitimate children appears repeatedly in the work, and the process of seeking and fighting for legal lottery raises questions about the legitimacy of the law and the root of the law. Choi Jeong-Hee’s novel’s core topic, the concept of “wife without registration and mother,” can be understood as a paradox of the importance of registration and the importance of obtaining legal status through self-assertive expression that there is no registration. This implies that violations and compliance of the law are not exactly separated, but are inherent in an inseparable aspect. Thus, the violation of modern law, which is reproduced in the novel, reminds us of the understanding of the reality of the law that disciplines human desires, and gives us the justification that the law can be more firmly obeyed and must be brought into law.