미국 성명법에서 자녀의 성(姓) 결정과 이름부여에 대한 논쟁

Generally, one's name and surname is the starting method to indicate, identify and communicate with someone. In fact, names provide a method of identification and self-expression, and also have certain characteristics and functions, as a distinguishable sign to figure out differences between others. Therefore, names serve as the main identification method and way of communication as a public function, and provide self-expression and identification as a private function at the same time, because names play an important role in the function of the one's both public and private purposes. The main purpose of this article is to address how naming rights have been developed in the United States, and examine the specific related legal issues with important cases. Firstly, I will summarize in the right of privacy and child custody rights guaranteed to parents by the First and Fourteenth Amendments of the United States Constitution in regards to parental naming rights as personality rights. Secondly, I will analyze several significant cases related to surname case law, especially in the case of children, and will examine the current trend of the court in making decisions regarding a child's surname. Finally, I will analyze and address the relationship between the First and the Fourteenth Amendments of the United States Constitution from the important cases I mentioned on the article considering parental naming rights. According to common law's tradition, either the parents' decision on surname or the choice of naming rights to their child is a fundamental and basic legal principle in naming rights in the United States. However, each state has different regulations on the issues, based on different statutes, so I will introduce and discuss in detail the unique regulations with several cases that made a significant social and legal issue in the United States in naming rights. Although the legal systems between South Korea and the United States have been developed differently, I hope this article provides certain legislative guidelines toward the related naming rights issues in South Korea in the future, based on this comparative study and especially focusing on the United States system.