Page:The passing of Korea.djvu/466

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338
THE PASSING OF KOREA

will probably help them, but they have no recourse to law. If his aged mother is still living, he must support her. If he does not treat her well, she has instant recourse to the law and can inflict the severest penalties. If he insults her or strikes her or if he is a thief or seditious, she might strike him dead and the law would uphold her. This is not mere theory, for such things have happened not infrequently. So long as he treats her well, she has no voice in the management of the money. It is hardly necessary to say that the government exercises the right of eminent domain, and can "condemn" and take any man's property at a fair valuation.

We next ask how a Korean can acquire or dispose of property. In the disposition of the estate his brothers may act as a check upon him. If he is wantonly squandering the patrimony, or even money that he has himself acquired, they can complain to the authorities and ask them to refuse new deeds for property that he sells. It must always be remembered that in Korea the authorities are seldom approached with empty hands, and to go to law does not necessarily mean to obtain justice.

When a man dies intestate, all his property goes into the hands of his eldest son, who is obliged to support all his brothers. If he refuses to do so, they appeal to the law and force a division of the property, in which case each receives an equal share.

If there are unmarried sisters, the elder brother will lay aside a sum sufficient for their dowries, himself being the judge as to what is necessary. These unmarried sisters have no recourse to the law, so long as their brother supports them and gives them a home. If he refuses this, the law will handle him. If they are already married before the death of the father, the brother is not under obligation to give them anything. If they are in want, he may help them or not as he pleases.

A man, seeing his end approach, desires to make his will.

He calls in a few witnesses, never from his own immediate family, and writes his will in their presence. They sign it in due form. There is no such thing as probate in Korea, and the