한국법상 이혼과 자의 부양방법

The traditional Korean Family Law, which is a part of Civil Law, was said to have a strong pre-modern and feudal colors despite Korean Civil Code was primarily enacted through the reception of Continental Law. But nowadays, marriage, divorce and parenthood related parts are largely amended in order to remove sexist elements after the legislation of the Civil Code and they say Korean Family Law is one of the most democratic legislation. By the traditional Family Law of Korea, a woman used to have a weak status when she divorced her husband. Few women were allowed to nourish their children and even if they bring up their children, a lot part of mothers cannot be supported by their ex-husbands and fathers of the children because it was not easy to get legal help. But present Family Law and Law of Domestic Litigation of Korea have almost perfect provisions to help divorced families. When parents are divorced, the custodianship is determined by their free will primarily and if that is not possible the court will help to determine the custodian considering various conditions. At that time the court should consider the fostering expense to be paid timely by the law. In the other hand, another parent who do not bring up the child have the right to visit or to meet the child. The aim of the law is that the child should be brought up as its parents live together even after their divorce. And the law has various methods in order to force unfaithful debtors. Compared to old legislation and system, Korean law could be said to have tremendous development. But it is argued to prepare further measures: First, some measures in case the debtor does not have property is needed. Second, the fostering expense to be paid should be raised considering social conditions. Third, support for a period of time even after the child to be an adult till he/she live independently is needed.