일제강점기 포락(浦落) 및 이생(泥生)에 관한 관습

This study aimed to trace the custom of paddy field loss(浦落), which is recognized as the cause of the loss of land ownership in the jurisprudence of the Supreme Court decision. According to the customs of the traditional society, when the paddy field loss was caused due to flooding and the land was submerged in the river, and a new land(泥生地) was formed by the mud formation on the opposite bank or downstream of the river, the landowner of the paddy field loss could obtain the ownership of the new land. However, the customs on paddy field loss and mud formation due to flooding were not recognized by the decision of the Chosun High Court in November 1918, In addition, the Chosun Stream Order(朝鮮河川令) was enacted in 1927, which specified that the land which has turned into a public stream due to paddy field loss does not beome a object of ownership in the text of the law. After liberation, the Supreme Court had faithfully succeeded the regulations of Chosun Stream Order(朝鮮河川令) and the decision by Chosun High Court. Therefore, the decision of Supreme Court maintains the position that “The land ownership is lost due to paddy field loss.” Since the customs relative to paddy field loss and mud formation due to flooding in the traditional society were abolished by the decision of the Chosun High Court in 1918, they are not the domain of 'customary law', but become one of the cases of 'custom' that existed in the past. In addition, through the customs of paddy field loss and mud formation due to flooding, it can be confirmed that the jurisprudence of the Chosun High Court decision during the Japanese colonial period was also succeeded to the jurisprudence of the current Supreme Court decision.