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Enemies of the Lineage: Widows and Customary Rights in Colonial Korea, 1910-1945

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Enemies of the Lineage: Widows and Customary Rights in Colonial Korea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bstract Enemies of the Lineage: Widows and Customary Rights in Colonial Korea, 1910-1945 by Sungyun Lim Doctor of Philosophy in History University of California, Berkeley Professor Andrew E. Barshay, Chair My dissertation examines Korean widows and their legal rights during the Japanese colonial rule (1910-1945), focusing on widows and their lawsuits over property rights, inheritance and adoption. Utilizing civil case records from the Superior Court of Colonial Korea (Ch!sen K!t! H!in), I argue that women’s rights were diminished by the Korean customs adopted by the judicial system under the Japanese colonial state. By examining the production process of Korean customs in the colonial civil courts, I emphasize Korean agency in the transformation of family customs during the Japanese colonial period. Women’s property and inheritance rights developed in close relationship with the Japanese family policy, which aimed to disintegrate the lineages in Korea into nuclear households. The Japanese colonial state strengthened the household system by protecting customary rights that allowed widows to become house-heads. Protecting rights of widows that straddled the ambivalent position between the lineage and the nuclear family, the colonial civil court effectively solidified boundaries between households that cut through traditional ties of family. Therefore, civil cases that involved widow rights became the battleground where the conflict between the proponents of the Korean lineage system and the family nuclearization policy of the colonial state unfolded. As colonial family policy developed into the 1920s and the 1930s, women’s rights became increasingly subjected to the patriarchal constraints of the nuclear household. The Japanese colonial state moved its attention from widow rights (which, after all, was too closely linked to the agnate adoption custom of the lineage system) to daughters’ rights by promoting son-in-law adoption (muko-y!shi) as a way to expand women’s inheritance rights. Meanwhile, the colonial state denied women’s demands for full inheritance rights that would infringe upon the rights the house-head of the nuclear household. The 1939 Civil Ordinances Reform, which implemented son-in-law adoption and household names (s!shi kaimei), therefore, was the culmination of the family nuclearization policy of the Japanese colonial state. 1 Table of Contents Acknowledgements ii Introduction 1 Chapter 1 Building the Colonial Family State: The Meiji Civil Code and the Production of Nuclear Households 14 Chapter 2 The Widow Claims the Household: Widows and their Rights from Chos!n to the Colonial Period 32 Chapter 3 Inheritance Rights for Daughters: Discourses on Family Law Reform in the 1920s and 1930s 50 Chapter 4 Old Customs Die Hard: Colonial Customary Law after 1939 Reform and Beyond 70 Conclusion 91 Bibliography 96 i Acknowledgements First and foremost, I would like to thank the members of my dissertation committee, Professors Andrew E. Barshay, Irwin Scheiner, Wen-hsin Yeh, and Alan Tansman. This dissertation would not have been possible without their expertise, guidance and encouragements. I would also like to thank Professor Mizuno Naoki at the Institute for Research in Humanities at Kyoto University, Japan, for advising me during my research in Japan. Professor Mizuno has been most generous in sharing his ideas and resources, and the intellectual community he has built in Kyoto provided me the most productive environment to develop my project. The following fellowships have provided financial support for this dissertation project, for which I am grateful: the Japan Foundation Dissertation Research Fellowship, the Korea Foundation Graduate Studies Fellowships, and the Quinn Fellowship administered by the History Department of U.C. Berkeley. Parts of this dissertation were presented at the following venues. I thank all who was present for their questions and comments. The Center for Korean Studies at University of Michigan, the 2008 Annual Meeting of the Association for Asian Studies in Atlanta, the Academy of Korean Studies-IEAS conferences in at U.C. Berkeley (2008) and Korea University (2009). I would like to thank Kwangmin Kim, Kyu-hyun Kim, Seung-joon Lee, Jun Uchida, and Ken Wells for their helpful comments on my presentations. I have been fortunate enough to be part of two dissertation workshops during the initial stages of writing. I thank all participants at the Social Science Research Council- Korean Studies Dissertation Workshop (2008) and the Institute for Advanced Feminist Research Dissertation Workshop (2008), especially the faculty advisors: Kyeong-Hee Choi, John Duncan, Jae-Jung Suh, Nancy Abelmann, Gina Dent, Anjali Arondekar, and Sora Han. I have also relied a great deal on librarians for their expertise and hospitality. I thank Jaeyong Chang, Yuki Ishimatsu, Tomoko Kobayashi, and Bruce Williams at the C. V. Starr East Asian Library at UC Berkeley. I am also much indebted to the competent and forgiving librarians at the Institute for Research in Humanities at Kyoto University and the Institute of Social Sciences at Tokyo University. My dissertation has been greatly enriched by my fellow students at UC Berkeley. I thank them all for teaching me how to be a good colleague and intellectual companion to others. Special and heartfelt thanks go to the members of my writing group, Taejin Hwang and Miriam Kingsberg for their support, keen eyes and companionship during the taxing process of writing. I thank Cyrus Chen for mailing me the books I needed when I was away from campus. And a very special thanks goes to George Lazopoulos, who has copied documents for me in the scorching summer weather in Tokyo, and who has also obtained signatures for this very dissertation. Ironic considering the topic of my dissertation, I have drawn much support from my extended family during the years of completing this dissertation. I thank my husband, Kwangmin Kim, for his encouragement and companionship. My son, Seungjae has ii accompanied me in the later stages of this dissertation. My mother, Jeung, has provided not only emotional support but also childcare at the critical stages of writing. Thank you. My father, Hyo-Sun Lim (1943-2011) who has been most supportive of my graduate studies, passed away as I was wrapping up this dissertation. I hope the completion of this dissertation brings him peace. To him, I dedicate this dissertation. iii Introduction My dissertation examines Korean widows and their legal rights during the period of Japanese colonial rule (1910-1945), focusing on widows and their lawsuits over property rights, inheritance and adoption. Utilizing civil case records from the Superior Court of Colonial Korea (Ch!sen K!t! H!in), I examine how the traditional rights of widows were contested and negotiated during the colonial period, and how eventually they were diminished. I argue that women’s property rights diminished during the colonial period due to strengthened patriarchal claims of Korean society rather than Japanese customs that were imported into colonial Korea. I am thus contesting previous scholarship, which has argued that Korean women’s status decreased during the colonial period due to assimilation policy, or Japanization (ilbonhwa) of Korean family customs.1 Although certain aspects of Korean family law did assimilate to the Japanese counterpart, I argue that patrilineal claims within Korean society that challenged women’s claim to property more significantly affected women’s property rights during the Japanese colonial rule of Korea. In short, I emphasize the agency of Korean society in modifying family customs during the colonial period, rather than consider Koreans to be passive receptors of colonial legal policy. Korean litigators were active participants in the colonial civil court in forming the Korean customary laws. Family customs utilized in colonial courts were neither merely the product of preserving existing tradition, nor were they the result of unilateral enforcement onto Koreans by the Japanese colonial state. Colonized Koreans were indeed working within, and struggling against, the constraints of colonial family policy that the colonial state prescribed, but they were far from passive receptors of colonial legal policy. The primary sources for my research were drawn from K!t! H!in Hanketsuroku (Decisions from the Superior Court of Colonial Korea), which was the compilation of legal records from the Superior Court of Colonial Korea, the highest and final level of court in Korea at the time. Among the 30 volumes of legal records, published annually by the Korean Government-General and distributed for reference to judges throughout colonial Korea, I focused on civil cases, and among them, cases concerning family matters that utilized Korean customary laws. Civil case records have been rarely utilized in previous studies.2 Most previous studies of colonial customary law have drawn from legal inquiries, notices and decisions rather than court records. The very few studies that have utilized court records have focused on legal decisions themselves, highlighting the 1 Hong Yang-hee, "Chos!n ch'ongdokpu ui kajok ch!ngchek y!ngu: ka chedo wa kaj!ng yideologi r"l chungsim uro [The Family Policy of Japanese Colonialism in Korea: with the focus on family system and home ideology] " (Ph.D. Dissertation, Hanyang University 2004)., Kang Y!ng-sim, "Ilche kangj!mgi chos!n y!s!ng #i p!pch!k chiwi [Legal position of Korean women during the Japanese occupation period] " in Ilche kangj"mgi hangukin #i insaeng gwa minjok undong (2005).
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