Under the Korean law, no wife can obtain a legal dissolution of her
marriage. The privilege of divorce rests with the man; among the upper
classes it is uncommon. The wife, however, may leave her husband and
accept the protection of some relative, when, unless the husband
can disprove her charges, he has no redress. Should the wife fail
to establish her case against her husband, the cost of the marriage
ceremony, a large sum usually, is refunded by her relatives. The law does
not force a wife to cohabit with her husband; nor, so far as it affects
the woman, does it take any cognisance of the matter. A man may divorce
his wife, retaining the custody of the children in every case, upon
statutory grounds, and upon the following additional counts: indolence,
neglect of the prescribed sacrifices, theft, and shrewishness. There
is no appeal against the charges of the husband for women of the upper
classes, domestic disturbances being considered entirely reprehensible.
Much greater latitude prevails among the lower orders, irregular unions
of a most benign elasticity being preferred. Concubinage is a recognised
institution, and one in which the lower, as well as the higher, classes
indulge.
[Illustration: JUSTICE IS NOT TEMPERED WITH MERCY]
The rights of the children of concubines vary according to the moral
laxity of the class in which they are born. Among the upper classes they
possess no claim against the estate of their progenitors; entail ignores
them, and they may not observe the family sacrifices. In the absence of
legitimate issue, a son must be adopted for the purpose of inheriting
the properties of the family and of attending to the ancestral and
funeral rites. Great stress is laid by the upper classes upon purity of
descent; among the middle and lower orders there is more indulgence. Save
in the lowest classes, it is usual to maintain a separate establishment
for each concubine. The fact that among the lower classes concubine and
wife share the same house is responsible for much of the unhappiness
of Korean family life. In every case the position of the children of
concubines corresponds with the status of the mother.
Public-domain text, read in full here on John Shaqi.
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