朝鮮時代-植民地期 山林所有制度와 林相變化에 關한 硏究 = Woodland property rights and forestation in Korea, 1600-1940

조선시대부터 식민지기의 산림 소유제도와 임상 변화를 연구했다.

The population of dynastic Korea expanded as a matter of trend. Long-term population growth would result in the expansion of demand for fuel, fodder, material for fertilizer, industrial wood, and new arable lands. In many pre-modern societies, the growing population pressure on ecology led to crises. The first purpose of this paper is to examine whether Koreans experienced this kind of crisis in its pre-modern era. The answer is "yes". Public records left by the dynastic government show that forest products were excessively exploited and the more mountainous areas were reclaimed by slash-and-burn farming from the seventeenth to nineteenth century.

Yi dynasty repeatedly announced severe punishments for woodland overexploitation. However, this kind of only negative regimen could not be successful. On the other hand, it did not make any efforts for feasible and systematic afforestation. Ecological crisis was unavoidable in the late Yi dynastic period; destruction of forest damaged irrigation and drainage system that has imperative importance for paddy rice agriculture, which was most important in food production at that time. From the viewpoint of comparative history, experience of early modern Japan is suggestive.

When Japan encountered similar difficulties in the seventeenth century, it coped with the problem by means of institutional reformation in woodland property rights. It succeeded in the regime shift from appropriative to regenerative forestry. In this respect, the root cause of the problem in Korea lay in the defective institution which failed to establish and protect property rights to woodland.

The second purpose of this study is to analyse the development of the property rights in Yi dynastic period and find out their institutional characteristics in the early twentieth century using records of colonial period. Yi dynasty stipulated in its law prohibition of exclusive private property rights to woodland(sajomkeumji 私占禁止), which means all the woodland belongs to the nation or the king as a sovereign by law. However, Yi dynasty did not afford to manage it as real national property. As a matter of fact, woodland was under the governance of the open-access regime that has no rules of usufruct with the only exception: first come, first served.

Actually, this means, woodland was non-property(moojoogongsan 無主公山), which causes overconsumption of forest products and under-investment in woodland, leading to devastation of forest in the end. As population grew, private property rights evolved in accordance with economic logic in the long run. They became to have unique characteristics in the late Yi dynastic period because of the tradition of non-property under the influence of which private property rights evolved and expanded. As a result, it was ubiquitous phenomenon that multiple rights overlapped on a parcel of woodland.

Owner of private woodland(sayangsan 私養山) had rights to main product, namely timber, but he could not or did not exclude from the woodland neighboring peasants who gathered by-products(sicho 柴草) used as fuel, fodder and green fertilizer and so on. Koreans considered using the by-products by villagers not being the owner of the woodland as a kind of inevitable and undoubted traditional rights. Open-access regime became to have great influence on private property regime. So to speak, the first governed the second as far as sicho is concerned. The overlapping rights of an owner and others was upheld by the law of Yi dynasty, that is, a clause of sajomkeumji.

Another legacy of the institution was found in the fact that moojoogongsan remained through the early twentieth century. In the final analysis, Korean forest could not avoid the devastation in the late Yi dynastic period, just as private woodland could not defend itself against the deep and broadly rooted tradition of open-access regime. It is in the colonial period that all the non-property was dissolved and open-access practice on private or national woodland became illegal with the introduction of modern forest code. This is the third topic discussed in this paper.

Most of the scholars have argued that millions of hectare of Korean woodland was plundered by Government-General in the process of the cadastral survey of woodland. These arguments are not supported by empirical proofs. In the survey of woodland, almost all private woodland was recognized as Koreans' legitimate private land, and the land concluded to be national property consisted mainly of moojoogongsan and primeval forests.

The one is non-property which could not be identified as a specific person's or a group of persons' property; "moojoo" means 'absence of owner', and the other could not be accessed by Koreans on account of limit of technology and shortage of capital till the early twentieth century. Government-General dissolved moojoogongsan to establish modern property rights on it. As traditional private property rights became recognized and confirmed as modern private property rights, at the same time, open-access custom became illegal and could be removed from private and national land.

It took more than thirty years to convert Korean traditional property rights into the modern form of property rights, because Government-General required a certain result of afforestation when it gave or recognized the title to woodland. This policy may be named the moto of "Afforestation First". Korean forests was in severe devastation in the early 20th century. Nationwide afforestation started under the colonial rule for the first time in Korean history, and attained as good result as accomplishment in the "Afforestation Campaigns" after its liberation. This is the forth argument of this paper.

The success was made possible by afforestation policies of Government-General and positive responses to them of Koreans as well as Japanese. As an important encouragement policy for reforestation, Government-General lent the deforested national woodl

序論 = 1 第1節 問題提起 = 1 第2節 旣存硏究의 檢討 = 4 第3節 資料紹介 = 9 第1章 朝鮮時代 山林의 所有制度 = 12 第1節 山林資源의 所有權體制(property regime) = 13 1. 所有權體制의 類型 = 13 2. 自由接近體制와 ‘共有地의 悲劇’ = 16 第2節 山林 ｢私占｣의 禁止와 ｢無主公山｣ = 18 1. 私占禁止의 法制化 = 18 2. 土地國有制와 私占禁止 = 20 3. ｢無主公山｣=自由接近體制의 確立 = 24 第3節 ｢特殊國有林｣의 設置와 規制의 强化 = 26 1. ｢松禁｣ 政策 = 26 2. ｢特殊國有林｣의 設置와 擴大 = 28 3. 規制의 强化 = 32 第4節 私的所有의 發展 = 34 1. ｢步數規定｣에 依한 占有 = 34 2. ｢龍虎禁養規定｣과 私養山의 成立 = 36 3. 私養山과 私占禁止의 法制 = 40 第5節 朝鮮後期 山林所有制度의 特質 = 43 1. 私的所有에 對한 國家的 制約 = 43 2. 自由接近體制 支配下의 私的所有 = 46 第2章 20世紀 初 山林所有制度에 關한 事例分析 - ｢朝鮮林野調査事業｣의 ｢紛爭地調書｣를 中心으로 - = 52 第1節 紛爭地의 調査經過와 ｢紛爭地調書｣ = 55 第2節 無主公山 = 58 1. 無主公山의 事例 = 58 2. 自由接近體制의 實態 = 60 3. 造林貸付地의 山林