친족법의 제·개정 경과와 과제
The Legislation, Revision Progress and Problem of the Family Law
한숙희(서울가정법원)
52권, 561~598쪽
초록
The Family l aw w as l egislated in F ebruary 22, 1958 a s law No . 471 and then c ame into effect i n January 1, 1 960. T he F amily law was revised many times to realize gender equality and child welfare. Patriarchal family system was abolished. The identification registry law was newly legislated. The prohibition rule of marriage among people with the same surname and the same f amily o rigin was converted into t he i ntermarriage p ro hibitio n rule. The system of biological child and adopted child and the change system of family n ame and family o rigin were n ewly e stablished. Fo r child welfare,family court’s guardianship intervention was reinforced. The procedure of agreed divorce was improved. Breakdo wn s ystem must b e intro duced as a c ause o f co urt divorce. T he procedure of court divorce must be classified. And it is necessary to introduce the post-divorce ex-spouse support law and the system of court separation. The investigator suggests that common-law marriage spouses must be included in the scope of rightful person for the contributive portion in the law of succession. The investigator agrees with that the Family law must be revised and when a person in single custody died, family court can designate another perso n. I t is n ecessary t o newly l egislate s uch a rule t hat a person in j o int custody and fostering ‘can independently decide things which are related to the everyday life of minors.’ In virtue of its office, family court can adjudge the loss of custody. The investigator hopes that the adulthood guardianship bill will be passed quickly. In order to guarantee the effect of custody-related ruling, it is necessary to establish s o me r estrictive means. The exemption law of promotion and procedure of adoption must be revised to the direction of regulating adoption agencies, welfare policies for adopted children, and the responsibility of central and local governments. It is seemingly necessary to unify all the rules on the requirement, procedure and effect of adoption into the civil law.
Abstract
The Family l aw w as l egislated in F ebruary 22, 1958 a s law No . 471 and then c ame into effect i n January 1, 1 960. T he F amily law was revised many times to realize gender equality and child welfare. Patriarchal family system was abolished. The identification registry law was newly legislated. The prohibition rule of marriage among people with the same surname and the same f amily o rigin was converted into t he i ntermarriage p ro hibitio n rule. The system of biological child and adopted child and the change system of family n ame and family o rigin were n ewly e stablished. Fo r child welfare,family court’s guardianship intervention was reinforced. The procedure of agreed divorce was improved. Breakdo wn s ystem must b e intro duced as a c ause o f co urt divorce. T he procedure of court divorce must be classified. And it is necessary to introduce the post-divorce ex-spouse support law and the system of court separation. The investigator suggests that common-law marriage spouses must be included in the scope of rightful person for the contributive portion in the law of succession. The investigator agrees with that the Family law must be revised and when a person in single custody died, family court can designate another perso n. I t is n ecessary t o newly l egislate s uch a rule t hat a person in j o int custody and fostering ‘can independently decide things which are related to the everyday life of minors.’ In virtue of its office, family court can adjudge the loss of custody. The investigator hopes that the adulthood guardianship bill will be passed quickly. In order to guarantee the effect of custody-related ruling, it is necessary to establish s o me r estrictive means. The exemption law of promotion and procedure of adoption must be revised to the direction of regulating adoption agencies, welfare policies for adopted children, and the responsibility of central and local governments. It is seemingly necessary to unify all the rules on the requirement, procedure and effect of adoption into the civil law.
- 발행기관:
- 한국민사법학회
- 분류:
- 법학