Korea
Gender and class
Before the 14th century, Korean families and culture were affected and influenced by Buddhism. An example of Korea being influenced by Buddhism is that women could and did own property and divorce easily. In the 14th and 15th centuries, Neo-Confucianism, a Chinese philosophy, took over and began influencing the Korean population's everyday life and culture. This new philosophy developed a strict class system. In this system, multiple laws were made that restricted many rights depending on gender or class level. For example, there was a prohibition against the remarriage of women.
Historical Significance
Results in Change: Korea's adoption of the Neo-Confucian philosophy resulted in a change of culture and laws. In addition, it changed the rights of all genders and classes. We can infer that before the change in influence, women's marriage status was not as important, unlike when Neo-Confucianism took over.
Reveals the past: This information shows that there was a point in time where women were treated the same as men, in this case in Korea before the 14th century. This reveals how the past is different than most people think. Most people believe that women were oppressed all through history, but this connection shows there was a time when they were not. This information also demonstrates how the past differed from the present because women in Korea after the 14th century were considered superior if they did not remarry; signs were placed to broadcast the women's marriage status, whereas in today's world, women's marriage status is not as cared about or advertised.
Relevant to Today: Even today, there are many laws based on religious or philosophical beliefs. For example, laws defining marriage and laws against abortions just like how Korea's laws changed when Buddhism was pushed out of the region. Korea's laws became based off of Neo-Confucian beliefs and views.
Abolition of Slavery In ancient times, Korea's slavery was a criminal's punishment. Note that only guilty people were enslaved, never innocents, and the status or duties of a slave were never forced on the lineage of that slave. In 17th-century Korea, slaves were criminals carrying out punishments for their crimes. Korean legal systems did not examine whether a criminal was guilty or not; the law examined what status their family had and then decided the criminal's fate. In the Choson period, these slave laws became official; once a person became a slave, it was impossible to escape, though it was not specified if just criminals were forced. Because slaves were not able to get out, the slave population in Korea increased, and Korea had a higher slave population than anywhere else in Asia. Further, any child born to enslaved partners or slave/commoner partners adopts the status of the enslaved individual. This is known as hereditary slavery. Hereditary slavery also contributes to the slave population being so high that not even a slave's descendants have a chance to be free. This information was taken by a scholar named Yu Hyongwon, who wanted to end hereditary slavery because he thought it was unjust and cruel. Slavery was still enforced for centuries after Yu Hyongwon’s writing.
Historical Significance
Results in Change: Once the slavery laws were formulated, there was change in Korea. In ancient times, crimials were investigated so there were no innocent people being enslaved and the faliies status was not affected. However, once Korea entered the Choson period, the criminals were not investigated, and a family's status was harmed by a member being a slave. Plus, if slaves had children, they were forced into slavery as well. So after the laws were made official, the treatment of slaves changed. This change affected generations of Koreans; Korea had more slaves than anywhere else in Asia. These effects were profound as well because these people had their rights taken away and were forced into slavery.
Reveals the Past: This information shows that Korean individuals were way more likely to be enslaved than people today. While slavery still happens in today's world, it is far less prevalent. It shows that most world leaders and governments have realised how horrible and unfair slavery was, unlike the Korean government.
Relevant today: While this information does show the past, it is relevant today. Even today, many countries practise slavery. One form of modern slavery is that of child soldiers, who are forced into killing and following orders from a master. While the type of slavery differs, people are still forced to serve a higher power. This is connected to the Korean slaves being forced to serve commoners.
Primary source Excerpts from the Pangye surok:Yu Hyöngwön on Abolishing Slavery From Asia for Educators, Columbia University
I have found that the name "slave" first appeared when criminals were confiscated and enrolled as slaves for a crime they had committed. There was never a law in ancient times where someone innocent of a crime was forced to become a slave. In addition, the ancients never extended the penalty of those who had been enslaved for their crimes to their descendants; how much less so if they were innocent of any crime. According to the law in our country, no one ever asks whether a person is guilty of a crime or not. We only investigate his line of descent through previous generations and make people slaves for a hundred generations. That is why even ignorant and low people can control the life or death of others. Suppose that a man of worth and talent appears among the slaves. He too is fettered and made the slave of another person. How could this be reasonable?
I do not know when this law was first devised, but I believe that it must have gradually become more widespread in the early Koryö period. By the time of our Chosön dynasty, when our laws were formulated, they forced people into slavery, and once people were enslaved, there was no way for them to get out of slavery. It was for this reason that the size of the slave population has gradually increased to the point where 80 or 90 percent of the population are slaves while barely 10 or 20 percent are commoners. (Note: Under the present law, the children of mixed slave/commoner marriages are supposed to adopt the status of their mother, but if the father is a slave and the mother a commoner, then the children adopt the father's status and become slaves. This means that once someone has become a slave, there is no way out for him or his descendants. In addition, because military service is even more onerous than slavery, many people marry their sons and daughters to private slaves, with the result that the commoner population is gradually getting smaller. Under this law, before a few hundred years pass the country definitely will have no commoners left at all. Even the 10 or 20 percent of the population that barely exist as commoners are only slaves who have run off to a distant place and gone into hiding or are the destitute offspring of yangban and their concubines.) It would be all right if we could continue the matrilineal succession law and apply it equally and uniformly. (Note: This means that if a child is born to a commoner woman, then that child becomes a commoner.) But if the government of a true moral king is put into practice,and he rectifies the various institutions of government and washes away all partiality and vulgarity, then it is clear that the law governing slavery would definitely have to be abolished.
Who wrote it and why?: Yu Hyongwon, a scholar, wrote this excerpt. He wrote this to highlight the unreasonable laws surrounding slaves and to push the idea that hereditary slavery should be abolished. He compared ancient laws and his current laws to show the harm the laws cause to the people and class structure of Korea.
How were the ideas communicated?: Yu Hyongwon communicated his thoughts in paragraph form; he explained how Korea's laws worked and compared them to older, more fair laws. He also provided his opinions on slavery and asked questions like, "How could this be reasonable?". His tone in his writing is very informative; he tells us the facts and many percentages; his work is not all opinion. I infer that he wants the reader to realise the unfairness of the slavery laws by the facts that he gives, for example, "if a father is a slave and the mother is a commoner, then the children adopt the father's status." rather than his opinions.
What is the big idea?: Yu Hyongwon wants to draw attention to the unfair slave laws as well as share his thoughts on hereditary slavery. He also communicates his opinion that Korea's government is filled with "partiality and vulgarity."
\What ideas are left out?: In the ancient laws, slaves were only criminals being punished. One idea that was left out was if, in Yu Hyongwon’s time, the slaves were all criminals (other than descendants) or were random people forced into slavery?
Whose point of view is it? : Yu Hyongwon was a scholar, so he was well-educated. So the perspective is that of an educated Korean local who knows how Korea works and is aware of the unfair enforcement of the slave laws. He also thinks the Korean government is not ruled by the practices of a true moral king.
Whose perspective is being questioned?: The Korean leadership is being questioned because they are the ones enforcing these unjust laws that Yu Hyongwon does not agree with. He wonders how the laws are reasonable, thus questioning the leadership's logic. He also questions whether the government is being ruled under a true moral king's practice, further questioning Korea's leadership.
Questions answered or unanswered?: This source can help people answer many questions about the structure of the slave community. Why was the slave population in Korea so high? because a slave's offspring were forced into slavery. When were the slavery laws formulated in Korea? In the Chosno period. How did Yu Hyongwon think slavery could be abolished? If Korea was under a government that followed true moral king practice, it would wash away all of the bad things in the government and, in turn, end slavery. How were slaves forced into slavery? Did YuHyongwon have any direct contact with or research on slaves? Did he have any supporters? These last three questions were not answered in the primary source.