일제강점기 친족·상속관습법의 핵심 범주의 창설 -『관습조사보고서』와 『결의(1921∼1923)』를 중심으로-

In the current Korean academic community, there is an ongoing debate about the nature of what is commonly referred to as "Korean customary law" which has been recorded by Japanese colonial authorities and in the Japanese language. Broadly speaking, the debate revolves around three competing theories: the truth theory, distortion theory, and invention theory. In this paper, the authors aim to argue that there are manipulations present in the kinship and inheritance sections of the "Customary Law Survey Report(1912)" and the related resolutions from 1921 to 1923. In section II, the authors present evidence of biases revealed through an analysis of the questions and responses in the "Customary Law Survey Report" In section III, they argue that the manipulation of Korean customs can be seen through a comparison of the contents of the "Customary Survey Report" and the resolutions from 1921 to 1923. In section IV, despite being published under the title "Old Custom and System Survey Committee Resolutions," it is argued that these resolutions were largely finalized by a single authority figure named Oda Mikijiro(小田幹治郞). The conclusion of this paper is as follows: The Korean customary law regarding kinship and inheritance was initially manipulated at the stage of the "Customary Law Survey Report" and secondarily, there were many aspects where further manipulation occurred at the stage of resolutions by the Old Custom and System Survey Committee.