夫婦財産制의 理想에 비추어 본 立法論과 改正案

This paper is to find out what is ideal of matrimonial property system and to estimate the separate property system, community property system and deferred community in the view of the ‘Ideal’, so that I may suggest a legislative proposal which is thought as an ideal property system. The reason to estimate the property system in the view of the ’Ideal Matrimonial Property System’ is to complement the weak point and keep the advantages as a long term discrimination. Matrimonial property system is a legal effect during the marriage but it affects when a spouse claim a property division in a process divorce and when the law legulates the inheritance share of the surviving spouse. Therefore, the meaning of the matrimonial system has a significant effect to the status of the husband and wife during the marriage, in divorce and in succession rule. The Ideal Matrimonial Property System is known as to secure the couple’s independence as individuality in managing his/her property and also to protect the character of the matrimonial community in the system. That’s why the Separate Property system has reformed to add the character of matrimonial community and Community system has adopted the advatages of the separate property system ever since a period of over fifty years. The separate property system which is a matrimonial property system by Korean Family Law was citicized by the family law scholars and feminist group members because the system has a rule in determinining who has property right between husband and wife only by the title. The reform bill was sumitted to the National Assembly last Nov. 2007, but it was not passed. This paper included the contents of the reform bill on matrimonial property system, reviewed and suggested some proposals in the view of what is thought as a Ideal. Amendment of matrimonial property system includes three main reform bill as follows: first is to restrict for a spouse to dispose his/her property without other spouse’s consent even if he/she has title of the property : second is that a spouse can claim property division to the other spouse while ongoing marriage when there are some resonable grounds: third is that a spouse has cancelation right to the other spouse’s legal act for the preservation of property division claim. The draft also includes the regulation of equal property division on divorce and strengthens the inheritance share of surviving spouse.