탈식민기 가족법에서 민주주의 의제와 여성의 국민화 - ‘처의 행위능력’을 중심으로 -

This study is to investigate the democratic issues of new family law and nationalization of women in postcolonial Korea focused on ‘the capable person system of wives’. The result of the study is as follows; Firstly, The acknowledgment of the capable person system of wives in 1947 set a precedent in order to institutionalization of democracy and nationalization of women. Secondly, democratic issues were very important in a heated controversy about the capable person system of wives when family law was made. The draft bills that law makers presented is worthy of attention in two points. One is a ‘proper regulations’ of wives instesd of abolition the incompetence system of wives. The other is acknowledgment of property rights for women. Therefore, democratic issues in family law was close to liberalism than equalitarianism. Thirdly, the abolition the incompetence system of wives wasn't defferent from the ‘proper regulations’ of wives in new family law. Nationalism in Korean family law lead to reduce democratic issues not realization of eqaulity but nationalization of women.