상속에 의한 배우자 부양 - 2014년 법무부 민법개정위원회의 상속법 개정시안에 대한 재평가 -

In Korea, it is expected to enter Aged society in 2018. Thus, Support for surviving old aged spouses is becoming a big social problem. So, the Civil Law Revision Committee prepared a draft of the Inheritance Law Revision and submitted it to the Ministry of Justice in 2014. Paragraph 1, Article 1008-4(the Lien of Spouse) of the draft of revision stipulates “The spouse of an inheritee shall have the lien to obtain a half of the amount which remains after debts are deducted from the properties which increased during the marriage life, existing at the time of inheritance”, allowing the other half, 50%, to be divided to other inheritors according to the legal inheritance rates. The draft of the revision for strengthening spouse's position at inheritance of property is a suitable reformation to the system of inheritance and regard it's proposal as appropriate. The reason can be summarized into two categories. First, inheritance should be done after the Marital liquidation of property. Second, surviving old aged spouses should be protected more than any other heirs for posthumous-support.