한말 법학 교과서에 나타난 주권 개념 연구 : 『헌법(憲法)』, 『법학통론(法學通論)』, 『평시 국제공법(平時 國 際公法)』을 중심으로

In the early 20th century, facing a turbulent situation both internally and externally as well as the reality of the decreasing sovereignty of Korea, many Korean intellectuals paid closer attention to the concept of sovereignty. From 1905 to 1910, the society's journals were published everywhere, and law textbooks appeared in abundance. This paper is based on three law textbooks in late 19th Century Korea: Yu Chi-hyeong's Constitutional Law, Yoo Seong-jun's General Theory of Law, and Lee Yong-moo's Peace International Public Law. By organizing and analyzing descriptions related to sovereignty in textbooks, an image of the concept of sovereignty in the legal textbooks of the time was able to be reproduced. The following conclusions were obtained through analysis. First, three law textbooks, including Constitutional Law, introduced the definition and classification of the state, the concept of sovereignty, subject matter revolving around sovereignty, the characteristics of sovereignty, the distinction between the state and society, and the state and political systems. Next, it can be shown that the various sovereign ideas contained in these three legal books had a generally similar tone to those published in magazines and newspapers published by enlightenment intellectuals at home and abroad. Finally, it can be confirmed that, while the legal books have the same content, the main focus of each book differs regarding the concept of sovereignty. In addition, it can be said that law textbooks published in late 19th Century Korea, including Constitutional Law, served as a bridge in the process of modern sovereignty being transferred and settled on in the Korean Peninsula that cannot be overlooked.